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Does Kansas have preemption ??

F

Fetus

Regular Member
Joined
Apr 28, 2008
Messages
41
Location
, Pennsylvania, USA
imported post

On the opencarry.org map it says that Kansas doesn't have preemption, but I have read somewhere else that there is preemption




thanks .
 
C

campfire

Regular Member
Joined
Apr 8, 2010
Messages
54
Location
KC Metro, Kansas, USA
Fetus said:
On the opencarry.org map it says that Kansas doesn't have preemption, but I have read somewhere else that there is preemption




thanks .
Click to expand...

Kansas does not preempt local jurisdictions related to OC generally (meaning that some/many local jurisdictions ban open carry). However, the Kansas concealed carry laws do allow for license holders to OC in vehicles even in jurisdictions that ban OC.

Please see this thread for more info, but don't just read the first couple posts: http://forum.opencarry.org/forums/showthread.php?61027-Kansas-Open-Carry-Law
 
J

Jim Macklin

New member
Joined
Aug 5, 2010
Messages
8
Location
Wichita, KS
KSA 21-4201 and 75-7c (the CCH law]

Kansas law allows anyone legally allowed to posses a firearm and carry it unconcealed in a car, on the seat or dash, but not in a glove box. The concealed carry law covers handguns only since July 1, 2010 due to passage of SB 306.
Cities are not allowed to restrict or make any law on concealed carry and any criminal charges for a person licensed under KSA 75-7c is done in a District Court and not a municipal [hopping animal] court.
Kansas laws are pretty good, still need of some tweaks. In a few months we will have a good governor and the laws should get better still.
There is a Castle Doctrine in several chapters,

You can find a lot of discussion about Kansas on www.ksccw.com and on http://www.ksag.org/page/concealed-carry
 
A

aadvark

Regular Member
Joined
Aug 25, 2009
Messages
1,597
Location
, ,
12-16,124
Chapter 12.--CITIES AND MUNICIPALITIES
Article 16.--MISCELLANEOUS PROVISIONS
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.
http://www.kslegislature.org/legsrv-statutes/getStatute.do
 
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