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Open Carry Mission, KS

arclamp

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Joined
Aug 18, 2009
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Just so you guys know, I would avoid open carry in Misison KS.

Technically, the way it worded now (probably due to a typo), Misison has made it illegal to buy, sell, trade, posses, transport, brandish, carry, any sort of weapon in Mission. They attempted to amend a clause from the UPOC and ending up borking something it seems.

I called Police about this and spoke to two people, both who were extremely helpful. Cpt Bauer and Mjr Sullivan. My first call was answered by Major Sullivan who said yes it was legal, but said they consider covering with a jacket as concealed as well as having it outside the holster as brandishing. Discussing this with my sister on the phone later that day said she didn't think that was right. She called and spoke to the Captain which prompted my call to him.

He had a much different opinion than the captain and referred me to this clause, which I assumed was originally thinking it only applied to automatic weapons and 'cop killer' bullets:

210.120:
"7. Manufacturing, causing to be manufactured, selling, offering for sale, purchasing, using, lending, possessing, carrying, brandishing, transporting or giving away any shotgun or rifle or any other firearm with a barrel length of eighteen (18) inches or less or any firearm capable of discharging automatically more than once by a single function of the trigger or any cartridge which can be fired by a firearm and which has a plastic-coated bullet that has a core of less than sixty percent (60%) lead by weight or setting a spring gun."

Well hold up here... Possessing, selling, ect any weapon is illegal? He said certainly not, although from the sounds of it he wasn't excited about the notion of open carry. After talking it over with him, he said he would review this with the city's legal counsel so he can have clear direction for his officers and the people he protects. He was very talkative, polite and honest. Even though we might disagree, his transparency in the matter was of the upmost professionalism.

He said I should look forward to an update to the statue, if passed by the city counsel, in a month or two.

Till then, remember IANAL and I would avoid open carry there due to shaky legal grounds.
 
K

KansasScout

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There is nothing vague at all. If you can read the, language is specific to a firearm type and not in general terms of carry.

The Captains opinion about what constitutes "Open" and "concealed" and "brandishing" should be a signal totake those cues and act accordingly.

It's not clear what the Kansas standard for brandishing is, to me, but it it's in a holster and your not covering the pistol in any way, it apparently is legal to open carry in Mission.

I like this because I live there. I have no plans to challenge and test this but in certain situations might feel it appropriate to excercise that right. Given the increasing chances for civil and criminal unrest given the severe economic distress, we might need to pack openly while we go about out business if the crowds of poor folks pour over the bridge on Lamar and head south towards downtown mission.


In that case I might not even care if it's "legal"
 
K

KansasScout

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I looked up the city statutes and re read them yet again. There is no statute against open carry. Carry in a vehicle is not legal. It must be in a case and unloaded. The statutue refered to in the first post refered to sawed of shotguns and rifles and not carrying or bearing. It is legal to concealed carry on your own property. In fact, two weeks ago when the cops were searching my neighborhood for a former neighbor who was wanted, I had my Kimber in my front pocket but I doubt the cop knew it. Perfectly legal.
 
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KansasScout

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I just reread the city statutes again this week as it is the start of a new year and no sign of any changes on firearms in Mission this year. I live there and will be watching closely.
 
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KansasScout

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I again reread the Mission Municiple Code and firearms are fobidden in Parks. Open carry is legal in all other areas not otherwise proscribed.
 

Hutch98R1

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Joined
May 16, 2010
Messages
1
Location
Mission, Kansas, USA
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KansasScout wrote:
I again reread the Mission Municiple Code and firearms are fobidden in Parks. Open carry is legal in all other areas not otherwise proscribed.

Thank you for all the info. I too live in Mission, but have not OC'ed, yet.

LOL @ your comment about "them" coming over the Lamar overpass and into Mission... my small, quiet complex would be the first place hit(and probably already has by the car thieves).
 
K

KansasScout

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Yeah, the thieves hit cars there all the time. That area is where a lot of the crime is, unfortunately. My In Laws lived down there for a few years. It's not that bad but bad is relative.

Most of the cops are fairly nice decent types with at least one exception.
 
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