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Thread: Atchison - Open Carry

  1. #1
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    Post imported post

    Atchison: http://library6.municode.com/default-test/home.htm?infobase=10374&doc_action=whatsnew

    Sec. 22-5. Possession of weapons.

    It shall be unlawful for any person to carry any firearms, or other dangerous or deadly weapon, whether concealed or otherwise, in any public park of the city.

    (Rev. Ords. 1956, § 13-103)

    Cross references: Unlawful use of weapons, § 21-124.

    Sec. 26-39. Firearm permit.

    (a)Issuance of firearm permits will be at the discretion of the chief of police after the investigation for the merchant police officer permit is satisfactorily completed.

    (b)A firearm permit may be issued to a licensed merchant police officer; provided, that the individual, firm, company or corporation provides satisfactory proof that the individual or employee needs to carry a firearm for his/her protection. This individual must have in his/her possession a merchant police officer permit prior to the firearm permit being issued; provided further, that no firearm permit shall be issued to any person who has not attained the age of twenty-one (21) years.

    (c)The firearm carried shall be inspected and approved by the chief of police. Only approved and inspected firearms will be carried.

    (Ord. No. 5862, § 20(a), 8-17-92)


    Sec. 26-40. Firearm training.

    All persons requesting a firearm permit will be required annually to provide documentation of satisfactory completion of a course of instruction on firearm training and liability from a certified instructor of firearms prior to the permit being issued.

    (Ord. No. 5862, § 20(b), 8-17-92)


    Sec. 26-41. Firearm permit suspension and revocation.

    Provisions relating to the suspension and revocation of firearm permits shall be as follows:

    (1)The chief of police may suspend or revoke any firearm permit for cause without notice; provided, that the permittee shall immediately be given notice of the cause of such suspension or revocation and an opportunity to be heard. The chief of police, after the hearing, may make an order affirming the suspension or revocation and the permittee shall have the right to an appeal to the governing body.

    (2)The chief of police may recall any firearm permit when, in his/her opinion, the holder thereof no longer requires such permit or when the permittee no longer meets all of the requirements necessary.

    (Ord. No. 5862, § 21, 8-17-92)


    Sec. 26-42. Firearm discharge.

    (a)It shall be unlawful for any person to discharge any gun, revolver, pistol or other firearm or air gun within the city; provided:

    (1)That the provisions of this section shall not apply to the discharging of firearms in any licensed shooting gallery or by a gunsmith in his trade, or by officers of the law in the discharge of their duties; and

    (2)That the provisions of this section shall not apply to the discharge of firearms on any land zoned agriculture containing ten (10) or more acres that have been preapproved for target or skeet shooting; and

    (3)That the provisions of this section shall not apply to the discharge of firearms on tracts of two (2) or more acres for the protection of authorized livestock.

    (b)Violation of this section is a Class B misdemeanor.

    (Ord. No. 5862, § 22, 8-17-92; Ord. No. 6203, § 1, 1-18-05)


    Sec. 26-43. Carrying firearms; when prohibited.

    The holder of a firearm permit shall be limited to the carrying of such firearm as follows:

    (1)From his/her residence to place of employment;

    During his/her tour of duty while actively engaged as a merchant police officer;

    From his/her place of employment to residence.

    (2)The carrying of a firearm into any tavern or private club is prohibited.

    (3)The carrying of a firearm at any time other than that which has been specified in this section will be a misdemeanor and grounds for revocation or suspension of the firearm permit.

    (Ord. No. 5862, § 23, 8-17-92)


    Sec. 26-44. Persons not affected by this article.

    (a)The provisions of this article do not include, and are not applicable to, any person employed in any capacity if such employee is not armed and his/her duties are carried out exclusively on private property of his/her employer; provided, that it is unlawful for such employee to wear a distinctive uniform, including a badge, except as follows:

    (1)From his/her residence to place of employment.

    (2)During his/her tour of duty while actively engaged as a private security officer.

    (3)From his/her place of employment to residence.

    (b)The wearing of any distinctive uniform into any tavern or private club is prohibited.

    (c)The wearing of any distinctive uniform, including a badge, at any time other than that which as been specified in this section will be a misdemeanor.

    (Ord. No. 5862, § 24, 8-17-92)


    Sec. 26-45. Liability insurance.

    All persons, firms or companies shall as a condition of obtaining a merchant police license from the city have and maintain, throughout the period during which the license is valid, liability insurance providing coverage for any claims arising out of the conduct of the business of merchant police services in the city with a per-claim limit of not less than five hundred thousand dollars ($500,000.00), which policy shall include the City of Atchison, its employees, elected and appointed officials as additional insured. A certificate of insurance evidencing compliance with this requirement shall be furnished to the city clerk prior to obtaining of a license, and such certificate shall include a provision that coverage cannot be terminated or altered without thirty (30) days' notification to the city. Failure to maintain the insurance herein provided shall result in immediate termination and revocation of the merchant police license.

    (Ord. No. 5862, § 25, 8-17-92)

    Sec. 7-3. Capture and destruction of animals.

    When deemed necessary by law enforcement officers or the animal control officer for the health, safety and welfare of the residents of the city, such officers and/or their agents may:

    (1)Place a humane trap on public or a requesting resident's property for the purpose of capturing any animal defined in this chapter as creating a nuisance in the city;

    (2)Use any tranquilizer guns, humane traps, or other suitable devices to subdue and capture any animal that is deemed by the animal control officer, in his or her discretion, to be of a danger to itself or to the public health and safety;

    (3)Use firearms or other suitable weapons to destroy any rabid animal, or any vicious animal as defined in section 7-15, where such animal is impossible or impractical to catch, capture or tranquilize.

    (Ord. No. 5770, § 3, 5-21-90)




  2. #2
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    Quote Originally Posted by marine0300 View Post
    Atchison: http://library6.municode.com/default-test/home.htm?infobase=10374&doc_action=whatsnew

    Sec. 22-5. Possession of weapons.

    It shall be unlawful for any person to carry any firearms, or other dangerous or deadly weapon, whether concealed or otherwise, in any public park of the city.

    (Rev. Ords. 1956, § 13-103)

    Cross references: Unlawful use of weapons, § 21-124.

    Sec. 26-39. Firearm permit.

    (a)Issuance of firearm permits will be at the discretion of the chief of police after the investigation for the merchant police officer permit is satisfactorily completed.

    (b)A firearm permit may be issued to a licensed merchant police officer; provided, that the individual, firm, company or corporation provides satisfactory proof that the individual or employee needs to carry a firearm for his/her protection. This individual must have in his/her possession a merchant police officer permit prior to the firearm permit being issued; provided further, that no firearm permit shall be issued to any person who has not attained the age of twenty-one (21) years.

    (c)The firearm carried shall be inspected and approved by the chief of police. Only approved and inspected firearms will be carried.

    (Ord. No. 5862, § 20(a), 8-17-92)


    Sec. 26-40. Firearm training.

    All persons requesting a firearm permit will be required annually to provide documentation of satisfactory completion of a course of instruction on firearm training and liability from a certified instructor of firearms prior to the permit being issued.

    (Ord. No. 5862, § 20(b), 8-17-92)


    Sec. 26-41. Firearm permit suspension and revocation.

    Provisions relating to the suspension and revocation of firearm permits shall be as follows:

    (1)The chief of police may suspend or revoke any firearm permit for cause without notice; provided, that the permittee shall immediately be given notice of the cause of such suspension or revocation and an opportunity to be heard. The chief of police, after the hearing, may make an order affirming the suspension or revocation and the permittee shall have the right to an appeal to the governing body.

    (2)The chief of police may recall any firearm permit when, in his/her opinion, the holder thereof no longer requires such permit or when the permittee no longer meets all of the requirements necessary.

    (Ord. No. 5862, § 21, 8-17-92)


    Sec. 26-42. Firearm discharge.

    (a)It shall be unlawful for any person to discharge any gun, revolver, pistol or other firearm or air gun within the city; provided:

    (1)That the provisions of this section shall not apply to the discharging of firearms in any licensed shooting gallery or by a gunsmith in his trade, or by officers of the law in the discharge of their duties; and

    (2)That the provisions of this section shall not apply to the discharge of firearms on any land zoned agriculture containing ten (10) or more acres that have been preapproved for target or skeet shooting; and

    (3)That the provisions of this section shall not apply to the discharge of firearms on tracts of two (2) or more acres for the protection of authorized livestock.

    (b)Violation of this section is a Class B misdemeanor.

    (Ord. No. 5862, § 22, 8-17-92; Ord. No. 6203, § 1, 1-18-05)


    Sec. 26-43. Carrying firearms; when prohibited.

    The holder of a firearm permit shall be limited to the carrying of such firearm as follows:

    (1)From his/her residence to place of employment;

    During his/her tour of duty while actively engaged as a merchant police officer;

    From his/her place of employment to residence.

    (2)The carrying of a firearm into any tavern or private club is prohibited.

    (3)The carrying of a firearm at any time other than that which has been specified in this section will be a misdemeanor and grounds for revocation or suspension of the firearm permit.

    (Ord. No. 5862, § 23, 8-17-92)


    Sec. 26-44. Persons not affected by this article.

    (a)The provisions of this article do not include, and are not applicable to, any person employed in any capacity if such employee is not armed and his/her duties are carried out exclusively on private property of his/her employer; provided, that it is unlawful for such employee to wear a distinctive uniform, including a badge, except as follows:

    (1)From his/her residence to place of employment.

    (2)During his/her tour of duty while actively engaged as a private security officer.

    (3)From his/her place of employment to residence.

    (b)The wearing of any distinctive uniform into any tavern or private club is prohibited.

    (c)The wearing of any distinctive uniform, including a badge, at any time other than that which as been specified in this section will be a misdemeanor.

    (Ord. No. 5862, § 24, 8-17-92)


    Sec. 26-45. Liability insurance.

    All persons, firms or companies shall as a condition of obtaining a merchant police license from the city have and maintain, throughout the period during which the license is valid, liability insurance providing coverage for any claims arising out of the conduct of the business of merchant police services in the city with a per-claim limit of not less than five hundred thousand dollars ($500,000.00), which policy shall include the City of Atchison, its employees, elected and appointed officials as additional insured. A certificate of insurance evidencing compliance with this requirement shall be furnished to the city clerk prior to obtaining of a license, and such certificate shall include a provision that coverage cannot be terminated or altered without thirty (30) days' notification to the city. Failure to maintain the insurance herein provided shall result in immediate termination and revocation of the merchant police license.

    (Ord. No. 5862, § 25, 8-17-92)

    Sec. 7-3. Capture and destruction of animals.

    When deemed necessary by law enforcement officers or the animal control officer for the health, safety and welfare of the residents of the city, such officers and/or their agents may:

    (1)Place a humane trap on public or a requesting resident's property for the purpose of capturing any animal defined in this chapter as creating a nuisance in the city;

    (2)Use any tranquilizer guns, humane traps, or other suitable devices to subdue and capture any animal that is deemed by the animal control officer, in his or her discretion, to be of a danger to itself or to the public health and safety;

    (3)Use firearms or other suitable weapons to destroy any rabid animal, or any vicious animal as defined in section 7-15, where such animal is impossible or impractical to catch, capture or tranquilize.

    (Ord. No. 5770, § 3, 5-21-90)
    How much of this is preempted by the ccw statute?

  3. #3
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    What part did i misread because it looks like Atchison is definitely not OC friendly

  4. #4
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    Quote Originally Posted by Marc View Post
    What part did i misread because it looks like Atchison is definitely not OC friendly
    Unless we are both misreading, it definitely looks that way, hell it looks like they are trying to regulate concealed carry which they are clearly preempted by the state on.

  5. #5
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    the only place you can't open carry is in the parks. If you have a cc license you can CC in the park

  6. #6
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    I dont know it still scares me. from the way it reads even armed guards have to get a permit from the police chief to carry, so i really doubt that he would just give any civilian a permit which as this article reads is the only way you can carry at all.

  7. #7
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    Quote Originally Posted by Marc View Post
    I dont know it still scares me. from the way it reads even armed guards have to get a permit from the police chief to carry, so i really doubt that he would just give any civilian a permit which as this article reads is the only way you can carry at all.
    Yet another example of why we need FULL preemption.

  8. #8
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    @sha-ul i cant agree with you more. thats why im glad we in MO have a bill already in legislation so we can have pre-emption. I just hope it passes then maybe KS will see the error of their ways and make it happen there too.

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