I know this is resurrecting an old thread, but I recently wondered the same thing and thought my findings could be of use to people in the area. Here is my thread of emails with the Scott Miller, Staff Attorney, Police, Fire and Medical in Lawrence.
Sent: Tuesday, February 16, 2010 4:02 PM
To: Scott Miller
Subject: Clarification of Open Carry Laws
To whom it may concern,
I am attempting to do some research regarding the open carry laws in Kansas and various municipalities. Given my understanding of the way the laws are written, open carry is permitted in Kansas unless specifically prohibited by local ordinances. I am inquiring as to the interpretation of these laws in Lawrence. I am not asking about vehicle carry or concealed carry, but actual on person open carry of an exposed firearm. I cannot seem to find any prohibition against this in the Douglas county code nor in the city of Lawrence besides prohibiting firearms not in transit within 200 ft of a bar. My two questions are as follows: What is the definition of open carry, as in what constitutes a firearm that is in the state of being "openly carried?" Second, is my interpretation of the city and county codes correct in that open carry is allowed in public and private areas that are not specifically prohibited from possession of firearms?
Thank you for clarifying this matter.
-----Original Message-----
Sent: Wednesday, February 17, 2010 9:25 PM
To: Scott Miller
Subject: Re: Clarification of Open Carry Laws
On 2/16/2010 4:44 PM, Scott Miller wrote:
The primary Kansas statute that makes certain practices with weapons illegal is K.S.A. 21-4201. One of the things made illegal by that statute is carrying a weapon concealed on one's person except in places like the person's residence or place of business. Many statuses may either authorize otherwise unauthorized weapons possession or make it illegal to carry a weapon in a manner that would otherwise be lawful.
For example, police officers may carry concealed firearms, while convicted felons may not be able to possess any firearm. Otherwise lawful firearm owners may not be able to legally carry them into a courthouse.
The Kansas statutes are generally silent on any non-concealed possession. Many cities and perhaps some counties pass ordinances to make public non-concealed carry illegal. Sometimes Federal laws also have some impact, like the Gun Free School Zones Act of 1996 for example. But in the absence of any of those special provisions, there is no law that makes open carry illegal. The presumption in our legal
system is that an act is legal unless it is prohibited by law.
Open carry in this sense is carrying a weapon on one's person in a manner where the weapon is not concealed. It refers to every type of carry except for concealed carry. Lawrence does not have an ordinance making it illegal to carry a firearm openly, but as you pointed out it does have one that applies to firearms carried within close proximity of a drinking establishment.
With that being said, someone marching down Jayhawk Blvd. or many other private places with a rifle or a pistol in his or her hand is something that would draw notice from both members of the public and the police, given the number of campus, school and other mass shootings that our nation has experienced in the past few years.
In private areas, carrying a firearm into or onto someone else's property if it is posted against firearms might result in a criminal trespass complaint. Otherwise, unless the area is specifically legally protected then I do not believe carrying into those areas would be illegal.
I have not recently done the research but know of no Douglas County
resolution that would apply to the open carry of firearms. For more
specific information about County regulation you would need to talk to them.
Hope this helps.
Scott J. Miller, Staff Attorney --
smiller@ci.lawrence.ks.us
Legal Services Department | City of Lawrence, KS
P.O Box 708, 6 E. 6th St., Lawrence, KS 66044
office (785) 832-3470 | fax (785) 832-3405
-----Original Message-----
Thank you for your response. It is much appreciated. I only have one
uncertainty about your reply. Pertaining to "open carry," is an outside
of the waistband uncovered holster considered being openly carried? From
my research, most states recognize holstered carry as being "open" carry
as long as it does not unreasonably obscure the form of the firearm from recognition, but a few municipalities in other states seem to have provisions that the firearm must be "in-hand."
Thank you again for taking the time to clarify this.
-----Original Message-----
I do not know of any cases that have been decided regarding whether the
holstered hip carry of firearms equals concealment under Kansas law so I
cannot give you any authoritative answer to your question. I can tell
you that I have always believed that open, holstered carry of a firearm
is not concealed carry. I suppose some holsters might be too concealed
if they are essentially entirely enclosed, but I have never seen a case
where they were treated as such. If you read some of the older Kansas
concealed carry cases the rationale behind the illegalization of
concealed weapons is that the law gives people who have contact with the
weapon bearer notice that the person is armed so they can act
accordingly. I think that rationale would support interpreting
holstered carry as open carry.
Scott J. Miller, Staff Attorney --
smiller@ci.lawrence.ks.us
Legal Services Department | City of Lawrence, KS
P.O Box 708, 6 E. 6th St., Lawrence, KS 66044
office (785) 832-3470 | fax (785) 832-3405