Law and codes For OC in Olathe, KS

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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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marine0300 wrote:

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

Click to expand...

The 14th amendment is for federal slaves and has never been properly ratified. I'm not a federal slave [aka U.S. citizen] so I don't rely on it for any rights.

I have a federal Memorandum that was completed on the topic of the 2nd amendment and it was conclusive in the historical study that the 2nd amendment is an individual Right.

The Militia is made up of We The People which are individuals and the Militia is not a military organization like the national guard.

So whether they say the Right to bear and keep arms is only for the militia, We make up the militia so we still have the Right. Any court ruling, municipal or city code that goes against the individual Right as provide for in the US Constitution is a treasonous act against the constitution and our uninalienable Rights and is Void.

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KS State Citizen,

You’re Right! Hecht I completely agree with you.

But reality is we need to win McDonald vs. Chicago and update our right to bear arms statementin the KS constitution to win our argument. Shouldn’t be that way but it is what it is.

Marine0300

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marine0300 wrote:

KS State Citizen,

You’re Right! Hecht I completely agree with you.  

But reality is we need to win McDonald vs. Chicago and update our right to bear arms statement in the KS constitution to win our argument.    Shouldn’t be that way but it is what it is.

Marine0300

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I agree with you to. The only problems is the flip flops. One court decides it is a Right, then another decides, no it isn't. Then the government decides on what court cases they want to follow to do what they want.

We have to stop them from this madness. Then the other problem is, most people don't care and so they wont act. Then with small numbers there isn't always the impact needed.

Hopefully that isn't the case as things seem to get worse and worse in our country.

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Respect and proper conversation is a 2 way street. The officer should not have made the comment he made first. Obviously, we all know not to "go for " our weapons. The officer was either joking or stating the ridiculously obvious. I doubt the veracity of your comment that you had a police sergeant standing next to you when you were posting. People make these claims all the time attempting to obtain legitimacy in their posting. Even if it is true, your comments about the lack of sorrow you would feel if ComSec were SHOT shows you to be an infantile person. The death of ANY person, even a murderer is a solemn thing and should never be joked about. If you had any measurable personal experience with death on a regular basis, you would not make such juvenile remarks. The fact that ComSec is trying to keep his conversations light shows that he is trying to be non-confrontational. More than you can say for many LEO's who seem to enjoy it... not ALL, just some...