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Thread: Law and codes For OC in Olathe, KS

  1. #1
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    Can i get the Codes and the Laws for OC in Olathe, KS? I want to be able to site the codes to an officer if need be. Thanks

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    Campaign Veteran ComSec's Avatar
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    Just tell then Nathan sent you LOL they have pics of me I got the LEOs conditioned to OC there

    There cool now, no code against it so there is no code to quote

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    Are you the guy with a rifle strapped to your back? Thats what a cop told me today happened a few months back. Can u tell me more about what went down?

    I was looking more for laws and code to say i can.

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    Campaign Veteran ComSec's Avatar
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    LOL no never a rifle I move out of there last may, you can sure the kansas board and see some of my stops once the cops got use to me they left me alone.

    But there mostly storm troopers wanting to smash the public, but there are some really cool LEOs there,

    You can look at under Weapons Offences in the Olathe codes and there is nothing there, I OCed there for almost 2 years 24/7

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    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. 2009 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.
    (b) Nothing in this section shall:
    (1) Prohibit a law enforcement officer, as defined in K.S.A. 22-2202, and amendments thereto, from acting within the scope of such officer's duties;
    (2) prohibit a city or county from regulating the manner of openly carrying a loaded firearm on one's person; or in the immediate control of a person, not licensed under the personal and family protection act while on property open to the public;
    (3) prohibit a city or county from regulating in any manner the carrying of any firearm in any jail, juvenile detention facility, prison, courthouse, courtroom or city hall; or
    (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.
    (c) Except as provided in subsection (b) of this section and subsection (a) of K.S.A. 2009 Supp. 75-7c11, and amendments thereto, no person shall be prosecuted or convicted of a violation of any ordinance, resolution or regulation of a city or county which regulates the storage or transportation of a firearm if such person (1) is storing or transporting the firearm without violating any provision of the Kansas criminal code or (2) is otherwise transporting the firearm in a lawful manner.
    (d) No person shall be prosecuted under any ordinance, resolution or regulation for transporting a firearm in any air, land or water vehicle if the firearm is unloaded and encased in a container which completely encloses the firearm.
    History: L. 2005, ch. 141, § 10; L. 2007, ch. 166, § 1; May 3.
    21-4204. Criminal possession of a firearm. (a) Criminal possession of a firearm is:
    (1) Possession of any firearm by a person who is both addicted to and an unlawful user of a controlled substance;
    (2) possession of any firearm by a person who has been convicted of a person felony or a violation of K.S.A. 2009 Supp. 21-36a01 through 21-36a17, and amendments thereto, or a crime under a law of another jurisdiction which is substantially the same as such felony or violation, or was adjudicated a juvenile offender because of the commission of an act which if done by an adult would constitute the commission of a person felony or a violation of K.S.A. 2009 Supp. 21-36a01 through 21-36a17, and amendments thereto, and was found to have been in possession of a firearm at the time of the commission of the offense;
    (3) possession of any firearm by a person who, within the preceding five years has been convicted of a felony, other than those specified in subsection (a)(4)(A), under the laws of Kansas or a crime under a law of another jurisdiction which is substantially the same as such felony, has been released from imprisonment for a felony or was adjudicated as a juvenile offender because of the commission of an act which if done by an adult would constitute the commission of a felony, and was found not to have been in possession of a firearm at the time of the commission of the offense;
    (4) possession of any firearm by a person who, within the preceding 10 years, has been convicted of: (A) A felony under K.S.A. 21-3401, 21-3402, 21-3403, 21-3404, 21-3410, 21-3411, 21-3414, 21-3415, 21-3419, 21-3420, 21-3421, 21-3427, 21-3442, 21-3502, 21-3506, 21-3518, 21-3716, K.S.A. 2009 Supp. 21-36a05 or 21-36a06, and amendments thereto, or a crime under a law of another jurisdiction which is substantially the same as such felony, has been released from imprisonment for such felony, or was adjudicated as a juvenile offender because of the commission of an act which if done by an adult would constitute the commission of such felony, was found not to have been in possession of a firearm at the time of the commission of the offense, and has not had the conviction of such crime expunged or been pardoned for such crime; or (B) a nonperson felony under the laws of Kansas or a crime under the laws of another jurisdiction which is substantially the same as such nonperson felony, has been released from imprisonment for such nonperson felony or was adjudicated as a juvenile offender because of the commission of an act which if done by an adult would constitute the commission of a nonperson felony, and was found to have been in possession of a firearm at the time of the commission of the offense;
    (5) possession of any firearm by any person, other than a law enforcement officer, in or on any school property or grounds upon which is located a building or structure used by a unified school district or an accredited nonpublic school for student instruction or attendance or extracurricular activities of pupils enrolled in kindergarten or any of the grades 1 through 12 or at any regularly scheduled school sponsored activity or event;
    (6) refusal to surrender or immediately remove from school property or grounds or at any regularly scheduled school sponsored activity or event any firearm in the possession of any person, other than a law enforcement officer, when so requested or directed by any duly authorized school employee or any law enforcement officer; or
    (7) possession of any firearm by a person who is or has been a mentally ill person subject to involuntary commitment for care and treatment, as defined in K.S.A. 59-2946, and amendments thereto, or persons with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment as defined in K.S.A. 59-29b46, and amendments thereto.
    (b) Subsection (a)(5) shall not apply to:
    (1) Possession of any firearm in connection with a firearms safety course of instruction or firearms education course approved and authorized by the school;
    (2) any possession of any firearm specifically authorized in writing by the superintendent of any unified school district or the chief administrator of any accredited nonpublic school;
    (3) possession of a firearm secured in a motor vehicle by a parent, guardian, custodian or someone authorized to act in such person's behalf who is delivering or collecting a student; or
    (4) possession of a firearm secured in a motor vehicle by a registered voter who is on the school grounds, which contain a polling place for the purpose of voting during polling hours on an election day.
    (c) Subsection (a)(7) shall not apply to a person who has received a certificate of restoration pursuant to K.S.A. 2009 Supp. 75-7c26, and amendments thereto.
    (d) Violation of subsection (a)(1) or (a)(5) is a class B nonperson select misdemeanor; violation of subsection (a)(2), (a)(3), (a)(4) or (a)(7) is a severity level 8, nonperson felony; violation of subsection (a)(6) is a class A nonperson misdemeanor.
    History: L. 1969, ch. 180, § 21-4204; L. 1970, ch. 124, § 8; L. 1990, ch. 102, § 2; L. 1991, ch. 85, § 1; L. 1992, ch. 298, § 70; L. 1993, ch. 291, § 149; L. 1994, ch. 348, § 4; L. 1995, ch. 92, § 2; L. 1996, ch. 158, § 4; L. 2006, ch. 210, § 14; L. 2009, ch. 32, § 29; July 1.

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    Campaign Veteran ComSec's Avatar
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    and ???

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    I got this from Olathe PD today and thought it might be helpful to other people. They talked about you too

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    Campaign Veteran ComSec's Avatar
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    ok whats the point of the code?


    LOL what did they say about me must have been fun?

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    Can you tell me how you delt with the olathe pd?

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    Campaign Veteran ComSec's Avatar
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    OK I have been waiting DAYS to hear what they said about me?????


    I treated them just like everyone else or as the servants they are. I know I was in the right and I know they had nothing on me so they where in the wrong for confronting me.

    Dont let them bully you cause they will try. Dont talk to them, all they want is to find something against you. They are nice and professional for the most part, but they want to make you feel like you are the threat, I made them the threat. My safety before theirs is 1#.

    I had one LEO there tell me as he was walking up, "you know not to go for that right" I came back with " you don't go for yours first" now this is not recommended for most stops but it was a casual stop, he knew who I was and he asked me what and where I was going, and I said am I under arrest and he said no, and I said "have a good one" and walked away.

    OK what did they say about me>????? LOL

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    > I came back with " you don't go for yours first"

    I've read most of your posts and have come to the undeniable conclusion that you are little more than an overgrown child who is starved for attention. You are without a doubt an extremely massive tool who gives gun owners a bad name. Some day you're going to get shot and you're one of the few cases in which that news isn't going to make me feel the least bit bad.

    It seems to me that anyone who trusts information that comes from a guy who openly challenges a cop is an even bigger moron.

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    OMG get a life, I stated it was a very relaxed moment and we were on good terms, there was no problem and he laughed I laughed..... Move on. for 1 post and this is your first im honored welcome to the board

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    (Telling someone to get a life is a pretty lofty suggestion for a guy whose occupation is listed as unemployed and has racked up several hundred posts)

    I work with most of the police officers you claim to be on good terms with and not a single one of them tells the same stories that you do. In fact, one of the patrol Sergeants is standing right beside me as I type this and she has absolutely nothing good to say about you.

    People who act like you are liable to get themselves shot. Hopefully, you will be the first.

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    Campaign Veteran ComSec's Avatar
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    well that explains alot LOL

    granted they shouldnt have anything bad to say about me because I have always been respectful even if I didnt want to talk to them, they may not like me but dont care if they do,

    LOL too funny

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    By the letter of the law, what you pretend to have said to the OPD officer constitutes assault. Telling the officer that you wont go for your gun if he doesn't go for his is about as clear-cut of a firearms violation as it gets.

    The officer isn't infringing on or even encroaching on any right by reminding you of your legal obligation not to "go for" (brandish) your weapon, just the same as if he were to remind you not to speed.

    You're a delusional nut-job and it's people like you with your obviously false stories that are based on nothing more than your pure imagination that give both open and concealed carry a bad name.

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    nremtp78 wrote:
    By the letter of the law, what you pretend to have said to the OPD officer constitutes assault. Telling the officer that you wont go for your gun if he doesn't go for his is about as clear-cut of a firearms violation as it gets.
    Welcome to the forum if your intent here is to support the RIGHT to Openly carry properly holstered handguns or are here to become educated.

    I would ask you to cite the specific code(law) you are alleging Comsec broke.

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    LOL thats all I have to say.......

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    nremtp78 wrote:
    In fact, one of the patrol Sergeants is standing right beside me as I type this and she has absolutely nothing good to say about you.
    Yeah, right.

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    ComSec wrote:
    LOL thats all I have to say.......
    Well...To be honest, I did not type my last response with a straight face.

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    ?orangemyths wrote:
    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. 2009 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.
    (b) Nothing in this section shall:
    (1) Prohibit a law enforcement officer, as defined in K.S.A. 22-2202, and amendments thereto, from acting within the scope of such officer's duties;
    (2) prohibit a city or county from regulating the manner of openly carrying a loaded firearm on one's person; or in the immediate control of a person, not licensed under the personal and family protection act while on property open to the public;
    (3) prohibit a city or county from regulating in any manner the carrying of any firearm in any jail, juvenile detention facility, prison, courthouse, courtroom or city hall; or
    ....
    Is there any chance that a good argument could be made that section (b)(2) allows cities/counties to regulate how a person ("the manner") carries openly, but not allow them to prohibit it entirely? Contrast (b)(2) with (b)(3), where cities/counties can regulate in any manner (intended to allow prohibition of carry--seems obvious, since this is intended to be related to prisons and the like)?

    Otherwise, if Supreme Court cases Heller (already decided) and McDonald (pending decision) confirm the right to keep and bear arms aswewould hope/expect (individual right, not just in home, etc.), how would the states or sub-jurisdictions have the power to completely prohibit open carry such as how some cities in Kansas and Missouri currently do? I think the "bear arms" portion of the right should imply--at aminimum--open carry.

    Comments?

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    Campfire,

    I completely agree with your assessment of the Kansas open carry law.

    One thing that has hurt open carry in the past is home rule for cities & counties. With home rule municipalities can get away with almost anything. They have taken advantage of the term regulate. Well if McDonald beats Chicago that all changes.

    Home rule can't ban me open carrying my bible or going to church. Can't ban my free speech. This is because thosefreedoms have been incorporated into the 14th amendment which forces the states to uphold the bill of rights.

    The 2nd Amendment has never been incorporated!! Hopefully in one month that will change.

    If McDonald beats Chicago everything will be challenged.

    I am laying low until the Supreme Court decision in June. If it goes in our favor??? standby!

    Until then keep your powder dry!

    Marine0300

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    Regardless of the 2A cases, I'm wondering is the Kansas Constitution is enough to make a case for premption (without even additional laws?): "The people have the right to bear arms for their defense and security". If a municipality completely prohibits carrying (obviously concealed under concealed carry laws they can't prohibit) doesn't that go against the KS constitution on its face?

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    A 1905 Court case in Salina, KS http://www.claytoncramer.com/primary/rkbadecisions/Salina1905.pdf ruled the KS constitution on right to bear arms was for a militia not an individual.

    Last year the KS legislature voted to put on the November 2010 ballet http://volokh.com/posts/1238042014.shtml a change to the KS constitution so there is not doubt our constitution states an individual right to bear arms.

    Also the most important court casein the history of our country, for the 2nd Amendment,is the McDonald vs. Chicago. With out it and the change in the KS constitution right to bear arms statement, KS would be at the mercy of home rule.

    Pray we are victorious in both cases.

    Marine0300

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    Click on this link for information on home rule and Kansas gun laws. Lots of info!

    http://www.handgunlaw.us/states/kansas.pdf

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    Thanks for the links. I'll be sure to read up.

    Like you, I've been anxiously waiting for the decision in McDonald. The blogs about the Court appeared to me to take the view that the Court was decidedly in McDonald's favor (based on Heller + discussion in oral arguments including the kinds of questions thrown at the attorneys), although perhaps under Due Process instead of Privileges and Immunities protection for which Gura was arguing. I'm very curious as to how far the Court will go to define what amount and kindsof regulation is permissible vs. what isn't; it seems that they don'tpaint the boundaries very well unless it is a direct question in the case.

    Anyway, regardless of the outcomes, we should still work for preemption in KS and solve the problem at least at the state level. Do you happen to know...were all gun groups supporting the preemption effort? (KSRA? NRA? GOA?)



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