June 8th, 2010 City manager Norton Bonaparte will be submitting an ordinance for first reading to ban the open carry of firearms in Topeka.

June 15th, 2010 the city council will vote on the ordinance that comes from the first reading.

Below is the proposed ordinance:

(Published in the Topeka Metro News _______________________________________)

ORDINANCE NO. _____________

AN ORDINANCE introduced by City Manager Norton N. Bonaparte, Jr., creating City of Topeka Code § 9.40.005 concerning the unlawful carrying of a firearm.


Section 1. That The Code of the City of Topeka, Kansas, is hereby amended by adding a section to be numbered 9.40.005, which said section reads as follows:

Unlawful Carrying.[/b]

(a) It shall be unlawful for any person on property open to the public, except those persons exempted under K.S.A. 21-4201(b), as amended, or licensed under TMC 5.90.050, as amended, to do the following:

(1) Openly carry on their person a loaded firearm.

(2) Have within their immediate control within the city limits any loaded firearm or semi-automatic firearm with the magazine loaded, detached or attached, unless concealed and carried by a person authorized to do so by K.S.A. 75-7c01 through 75-7c17, as amended.

(b) It shall be unlawful for any person, except those persons exempted under K.S.A. 21-4201(b), as amended, or security personnel authorized by the city manager, to carry any firearm in municipal court, city hall or any building owned or operated by the city.

(c) Nothing in this section shall prohibit a person from carrying a loaded firearm on the person’s land, in the person’s abode or in the person’s fixed place of business.

Section 2. This ordinance shall take effect and be in force from and after its passage, approval and publication in the official City newspaper.

Section 3. All ordinances, resolutions or rules, or portions thereof, inconsistent with the provisions of this ordinance are hereby rescinded or repealed.

Section 4. Should any section, clause or phrase of this ordinance be declared invalid by a court of competent jurisdiction, the same shall not affect the validity of this ordinance as a whole, or any part thereof, other than the part so declared to be invalid.

PASSED AND APPROVED by the City Council __________________________.



William W. Bunten, Mayor



Brenda Younger, City Clerk