Open Carry Shawnee, KS

imported post

Looking at the city code, they don't explicitly ban open carry, except while in a vehicle. IANAL. Please give you opinion of the Statute here, it's pretty brief:

http://www.cityofshawnee.org/WEB/BO...007dff5c4d9f97b18625761000518bac?OpenDocument

Edit:

These Statutes look incredibly similar to the UPOC in Merriam... The same stipulations also apply about carrying unloaded in an enclosed container while in a vehicle.

ARgh! Adjusting to this city life is hard!

imported post

I couldn't get your link to work but I found it HERE.

The city law says nothing against open carry.

However, it does say that, when in a vehicle, the weapon must be unloaded and encased in a container which completely encloses the firearm.

City of Shawnee, 9.13.010 Unlawful Use of Weapons. A. Unlawful use of weapons is knowingly:

4. Transporting a firearm as defined in K.S.A. 21-3110 or amendments thereto, in any air, land, or water vehicle, unless the firearm is unloaded and encased in a container which completely encloses the firearm;

5. Carrying any pistol, revolver or other firearm concealed on one's person;

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However, IMO, this goes against Kansas State law as outlined here:

Kansas Law:

12-16,124. Firearms and ammunition; regulation by city or county, limitations.

(a) No city or county shall adopt any ordinance, resolution or regulation, and no agent of any city or county shall take any administrative action, governing the purchase, transfer, ownership, storage or transporting of firearms or ammunition, or any component or combination thereof. Except as provided in subsection (b) and subsection (a) of K.S.A. 2007 Supp. 75-7c11, and amendments thereto, any such ordinance, resolution or regulation adopted prior to the effective date of this 2007 act shall be null and void.

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Take special note to the underlined and then bolded points. Doesn't this mean that cities/counties can't ban open transport within vehicles? In other words, this specifically states that, IMO, municipalities can't require us to keep our guns "unloaded and encased in a container which completely encloses the firearm," as Shawnee does? It seems that the cities are overstepping their boundaries in this regard.

I suppose the catch would be subsection (b) and subsection (a) of K.S.A. 2007 Supp. 75-7c11. Where are these so that they can be analyzed?

EDIT: Never mind, I missed subsection (b) which says, "nothing in this section shall (4) prohibit a city or county from adopting an ordinance, resolution or regulation requiring a firearm transported in any air, land or water vehicle to be unloaded and encased in a container which completely encloses the firearm or any less restrictive provision governing the transporting of firearms, provided such ordinance, resolution or regulation shall not apply to persons licensed under the personal and family protection act."