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Thread: KS Carry

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    Regular Member afcarry's Avatar
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    KS Carry

    Well I put this in the law library and didnt get anything. Hopefully ill have better luck here. In the interest of being a good law abiding citizen I recently researched the statutes regarding the open carry of firearms in my local area (Whiteman AFB, Warrensburg, Lee Summit, Independence, Sedalia, Kansas City, MO) and called the sheriff's office with some follow-up questions. I was informed that although the county has no special restrictions there may be some laws that they weren't familiar with in the cities themselves. Also, they noted that they preferred the members of their office were the only ones that armed themselves publicly. I asked if the deputy I talked to personally knew what the specific rules in those cities were. He said that most of them operated pretty much parallel to the county's laws, but Kansas City and Sedalia prohibited OC entirely. With his previous comment, I wonder if that statement is 100% accurate. Anybody with significant experience have any information that may shed some light? Anything at all about the area is useful. I'm not an attorney or a cop, but I need to make sure I'm right.
    An individual should not choose the caliber, cartridge, and bullet that will kill an an animal when everything is right; rather, he should choose ones that will kill the most efficiently when everything goes wrong

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    Quote Originally Posted by afcarry View Post
    Well I put this in the law library and didnt get anything. Hopefully ill have better luck here. In the interest of being a good law abiding citizen I recently researched the statutes regarding the open carry of firearms in my local area (Whiteman AFB, Warrensburg, Lee Summit, Independence, Sedalia, Kansas City, MO) and called the sheriff's office with some follow-up questions. I was informed that although the county has no special restrictions there may be some laws that they weren't familiar with in the cities themselves. Also, they noted that they preferred the members of their office were the only ones that armed themselves publicly. I asked if the deputy I talked to personally knew what the specific rules in those cities were. He said that most of them operated pretty much parallel to the county's laws, but Kansas City and Sedalia prohibited OC entirely. With his previous comment, I wonder if that statement is 100% accurate. Anybody with significant experience have any information that may shed some light? Anything at all about the area is useful. I'm not an attorney or a cop, but I need to make sure I'm right.
    Could not find a prohibition for either Sedalia or KCMO.

    http://www.natesit.com/images/kcocmap.jpg
    http://www.natesit.com/oc/mooc.htm
    excerpt from kcmo municipal code from municode.com:

    ARTICLE VIII. WEAPONS*

    __________
    *Charter references: Power to regulate and prohibit carrying of firearms, 1(24).

    __________

    Sec. 50-261. Unlawful use of weapons--generally.
    (a) A person commits the ordinance violation of unlawful use of weapons if he or she knowingly:
    (1) Carries concealed upon or about his or her person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use; or
    (2) Exhibits, in the presence of one or more persons, any weapon readily capable of lethal use in an angry or threatening manner; or
    (3) Possesses or discharges a firearm or projectile weapon while intoxicated; or
    (4) Carries a firearm or any other weapon readily capable of lethal use into any church or place where people have assembled for worship, or into any election precinct on any election day, or into any building owned or occupied by any agency of the federal government, state government, or political subdivision thereof; or
    (5) Carries a firearm, whether loaded or unloaded, or any other weapon readily capable of lethal use into any school, onto any school bus, or onto the premises of any function or activity sponsored or sanctioned by school officials or the district school board.
    (b) Subsections (a)(1), (2), (4) and (5) of this section shall not apply to or affect any of the following:
    (1) All state, county and municipal peace officers possessing the duty and power of arrest for violation of the general criminal laws of the state or for violation of ordinances of counties or municipalities of the state, whether such officers are within or outside their jurisdictions or on or off duty, or any person summoned by such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer;
    (2) Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime;
    (3) Members of the armed forces or national guard while performing their official duty;
    (4) Those persons vested by article V, section 1 of the Constitution of Missouri with the judicial power of the state and those persons vested by article III of the Constitution of the United States with the judicial power of the United States, the members of the federal judiciary;
    (5) Any person whose bona fide duty is to execute process, civil or criminal;
    (6) Any federal probation officer;
    (7) Any state probation or parole officer, including supervisors and members of the board of probation and parole;
    (8) Any corporate security advisor meeting the definition and fulfilling the requirements of the regulations established by the board of police commissioners under section 84.340, RSMo; and
    (9) Any coroner, deputy coroner, medical examiner, or assistant medical examiner.
    (c) Subdivisions (1), (3), (4) and (5) of subsection (a) of this section do not apply when the actor is transporting such weapons in a nonfunctioning state or in an unloaded state when ammunition is not readily accessible or when such weapons are not readily accessible. Subdivision (1) of subsection (a) of this section does not apply to any person 21 years or age or older transporting a concealable firearm in the passenger compartment of a motor vehicle, so long as such concealable firearm is otherwise lawfully possessed, nor when the actor is also in possession of an exposed firearm or projectile weapon for the lawful pursuit of game, or is in his or her dwelling unit or upon premises over which the actor has possession, authority or control, or is traveling in a continuous journey peaceably through this state. Subdivision (5) of subsection (a) of this section does not apply if the firearm is otherwise lawfully possessed by a person while traversing school premises for the purposes of transporting a student to or from school, or possessed by an adult for the purposes of facilitation of a school-sanctioned firearm-related event.
    (d) Subdivisions (1), (4), and (5) of subsection (a) of this section shall not apply to any person who has a valid concealed carry endorsement, or until July 1, 2004, a certificate of qualification, issued pursuant to section 571.094, RSMo or a valid permit or endorsement to carry concealed firearms issued by another state or political subdivision of another state.
    (e) Subdivisions (2), (3), (4), and (5) of subsection (a) of this section shall not apply to persons who are engaged in a lawful act of defense pursuant to section 563.031, RSMo.
    (f) Nothing in this section shall make it unlawful for a student to actually participate in school-sanctioned gun safety courses, student military or ROTC courses, or other school-sponsored firearm-related events, provided the student does not carry a firearm or other weapon readily capable of lethal use into any school, onto any school bus, or onto the premises of any other function or activity sponsored or sanctioned by school officials or the district school board.
    (Code of Gen. Ords. 1967, 26.179; Ord. No. 50427, 5-25-79; Ord. No. 57337, 12-20-84; Ord. No. 040248, 1, 3-4-04)

    Sec. 50-262. Same--Penalty when firearm involved in violation.
    Any person violating any provision of section 50-261, where the dangerous or deadly weapon involved in such violation is a firearm, on conviction of his first such violation, shall be punished by imprisonment at the municipal correctional institution for a term of not less than 30 days and not more than 180 days, and may be further punished by a fine of not less than $25.00 and not more than $500.00, and, on his subsequent conviction of any such violation, shall be punished by imprisonment at the municipal correctional institution for a term of 180 days, and may be further punished by a fine of not less than $100.00 and not more than $500.00.
    (Code of Gen. Ords. 1967, 26.180; Ord. No. 50427, 5-25-79; Ord. No. 51272, 2-29-80)

    Sec. 50-263. Discharging firearms generally.
    It shall be unlawful for any person within the limits of the city to shoot or discharge any gun, revolver, air rifle or air gun, pistol or firearms of any description, whether it is loaded with powder or ball or shot or with blank cartridges, or any kind of explosives whatsoever; provided that nothing contained in this section shall apply to persons discharging firearms in the defense of person or property; or to legally qualified sheriffs or police officers and other persons whose bona fide duty is to execute process, civil or criminal, make arrests or aid in conserving the public peace; or to persons discharging blank cartridges as a final salute at a military funeral or memorial service as members of a ceremonial firing party or firing squad; or to persons discharging firearms while engaged in a wildlife management program under the control of the city on property on or around its airports owned or leased by the city through the aviation department.
    (Code of Gen. Ords. 1967, 26.182; Ord. No. 63600, 2-16-89; Ord. No. 010168, 1, 2-8-01; Ord. No. 010168, 1, 2-8-01)
    Cross references: Noise control, ch. 46.

    Sec. 50-264. Rifle and trapshooting ranges.
    Rifle ranges may be operated within enclosed buildings protected with butts sufficient to stop bullets of the caliber and velocity used therein. Out-of-door ranges for trapshooting may be operated only when the area enclosed within the range is sufficiently large to ensure that the spent shot do not fall outside thereof. No ammunition larger than no. 7 1/2 shot shall be used on trapshooting ranges. Such rifle ranges or trapshooting ranges shall not be operated, however, until the chief of police shall have caused an inspection to be made of the premises and shall have found them to meet the requirements of this section and shall have issued a permit therefor.
    (Code of Gen. Ords. 1967, 26.183)
    Cross references: Licenses and business regulations, ch. 40.

    Sec. 50-265. Discharge of firearms by manufacturers of articles for national defense.
    The prohibition against discharging firearms in the city as provided in sections 50-263 and 50-264 shall not apply to persons and corporations engaged in manufacturing articles for national defense, which articles it is necessary to test by firing such articles. Such testing shall be done only in areas limited to use district M-2 or 3, as defined in the zoning regulations, and under a permit issued by the chief of police. The chief of police shall not issue such permit until adequate safeguards have been provided by the permittee for the protection of the public.
    (Code of Gen. Ords. 1967, 26.184)

    Sec. 50-266. Use and sale of arrows.
    (a) The sale of arrows other than target arrows to a person under the age of 16 years is hereby prohibited.
    (b) Except for a managed bow hunt conducted pursuant to Code of Ordinances section 50-268, the use of arrows other than target arrows within the city limits is hereby prohibited.
    (c) The use of bows and target arrows on private property shall be in such a manner as not to endanger the life, limb or property of others. Bows and target arrows shall be used on city park property only in areas provided or inspected and approved by the division of public recreation of the parks and recreation department.
    (Code of Gen. Ords. 1967, 26.187; Ord. No. 031316, 1, 12-18-03)

    Sec. 50-267. Use or possession of explosive or flammable devices.
    It shall be unlawful for any person to make, use or possess on his person, or under his control, any explosive device, including a Molotov cocktail, containing a flammable, combustible or explosive material or substance which can be used as a fire bomb either by igniting the fuse or breaking the device; provided, however, any person who can show that he is engaged in any lawful activity, business, calling, employment or occupation requiring him to have such a device or such material or substance in his possession or under his control is hereby exempt from the operation of this section.
    (Code of Gen. Ords. 1967, 26.188; Ord. No. 34932, 2-16-68)
    Cross references: Fire prevention and protection, ch. 26; leaving explosive device in city, 50-193.

    Sec. 50-268. Managed bow hunting.
    (a) Definitions.
    (1) Allowed hunting area means a piece of property consisting of five or more acres of land containing no structures used or designed for non-agricultural commercial or residential or public purposes, no part of such piece of property is used or designed for use as a public park of the city, unless expressly permitted by the board of parks and recreation, and a portion of such piece of property, or all of such piece of property, lies within the city limits.
    (2) Bowhunting means hunting with a conventional bow and arrow combination that requires a completely manual operation without any means to **** the weapon and leave it stable until it is released or fired via a trigger mechanism.
    (3) Crossbow means a traditional crossbow using a mechanism allowing the weapon to be cocked and left in a stable state until it is subsequently released or fired at a later time via a trigger mechanism.
    (b) Bowhunting of deer within the city limits is permitted by licensed hunters on allowed hunting areas pursuant to an archery managed hunt authorized by the Missouri Department of Conservation, pursuant to full compliance with all rules, regulations, stipulations and requirements of said department and pursuant to full conformity with the state wildlife code and all federal hunting regulations.
    (c) No bowhunting shall be allowed within 250 feet of any structure used or designed for non-agricultural commercial or residential or public purposes, or of any piece of land used or designed for use as a public park or of any road.
    (d) No arrow, bolt or projectile fired or discharged pursuant to the provisions of this section shall be fired or discharged in the direction of any human, structure, vehicle, roadway or domestic animal within reasonable range of the weapon at an angle which might allow the arrow, bolt or projectile to strike at, or dangerously near, the human, structure, vehicle, roadway or domestic animal.
    (e) Crossbows shall only be allowed for use in hunting pursuant to this section by disabled hunters who have received a hunting method exemption from the state allowing such method.
    (f) Permission of the owner of any property within the allowed hunting area is required prior to any bow hunting occurring on such property.
    (g) Any person violating the provisions of this section shall be deemed guilty of an ordinance violation.
    (Ord. No. 031316, 1, 12-18-03)

    Sec. 50-269. Concealed weapons in city buildings.
    (a) No person who has a concealed carry endorsement issued by the Missouri director of revenue under Section 571.094 RSMo. who has been issued a valid permit or endorsement to carry concealed firearms issued by another state or political subdivision of another state, shall, by authority of that endorsement or permit, be allowed to carry a concealed firearm or to openly carry a firearm in any building or portion of a building owned, leased or controlled by the city.
    (b) Signs shall be posted at each entrance of a building entirely owned, leased or controlled by the city stating that carrying of firearms is prohibited. Where the city owns, leases or controls only a portion of a building, signs shall be posted at each entrance to that portion of the building stating that carrying of firearms is prohibited.
    (c) This section shall not apply to buildings used for public housing by private persons, highways or rest areas, firing ranges, or private dwellings owned, leased or controlled by the city.
    (d) Any person violating this section may be denied entrance to the building or ordered to leave the building. No other penalty shall be imposed for a violation of this section.
    (e) Prior to July 1, 2004, when the director of revenue begins issuing concealed carry endorsements, no person who has been issued a certificate of qualification which allows the person to carry a concealed firearm shall, by authority of that certificate, be allowed to carry a concealed firearm or to openly carry a firearm in any building or portion of a building owned, leased or controlled by the city.
    (Ord. No. 040248, 2, 3-4-04)
    Editor's note: Ord. No. 040248, 2, adopted March 4, 2004, amended the Code by adding new 50-268 and 50-269. In order to prevent duplication of section numbers, the new sections have been renumbered as 50-269 and 50-270.

    Sec. 50-270. Failure to leave locations where carrying concealed weapons is not permitted.
    (a) Prohibition carrying concealed weapons in unauthorized locations. A person who has been issued a concealed carry endorsement, a certificate of qualification, or permit or endorsement issued by another state or political subdivision in another state, and is carrying a concealed weapon, shall not enter, and if already within the location must leave when requested, the premises for locations named in Section 571.094(20)(1) through (17), RSMo.
    (b) Penalty. If such person refuses to leave the premises and a peace officer is summoned, such person may be issued a citation. A fine may be imposed according to the following schedule:
    First offense: not to exceed $100.00
    Second offense within six months of the date of the first offense: not to exceed $250.00
    Third offense within 12 months of the date of the first offense: not to exceed $500.00
    (c) Duty of court administrator. The court administer will provide a notice to the sheriff of the county which issued the certificate of qualification for a concealed carry endorsement and the department of revenue of the imposition of such fines.
    (Ord. No. 040248, 3, 3-4-04)
    Note: See editor's note, 50-268.
    Secs. 50-271--50-290. Reserved.
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    Excerpt from sedalia municipal code on municode.com:

    Sedalia, Missouri, Code of Ordinances >> CODE OF ORDINANCES - >> Chapter 36 - OFFENSES AND MISCELLANEOUS PROVISIONS >> ARTICLE V. - OFFENSES AGAINST PUBLIC SAFETY >>
    ARTICLE V. - OFFENSES AGAINST PUBLIC SAFETY*

    State law reference—Weapons offenses, RSMo ch. 571; public safety offenses, RSMo ch. 577.

    Sec. 36-119. - Carrying concealed weapon on person prohibited.

    Sec. 36-120. - Discharge of firearms and air guns prohibited.

    Sec. 36-121. - Physicians to report gunshot or other wounds.

    Sec. 36-122. - Wells and cisterns.

    Sec. 36-123. - Restriction on the sale, discharge and storage of fireworks.

    Sec. 36-124. - Firearms in city buildings.

    Secs. 36-125—36-146. - Reserved.

    Sec. 36-119. - Carrying concealed weapon on person prohibited.

    No person shall in this city wear under his clothes, or concealed about his person, any pistol or revolver, sling shot, cross knuckles, knuckles of lead, brass or other metal, or any bowie knife or other dangerous or deadly weapon; provided, that this section shall not be so construed as to prevent any United States, state, county or city officer, or member of the city government, from carrying such weapons as may be necessary in the proper discharge of his duties. Any defense that would be valid under the charge of carrying concealed weapons in a state case shall be a valid defense to a charge made under this section.

    (Code 1969, 17-37; Code 1982, 19-66)

    State law reference—Concealed carry endorsements, RSMo 571.101 et seq.

    Sec. 36-120. - Discharge of firearms and air guns prohibited.

    It shall be unlawful for any person to fire, shoot or discharge any firearm, or other weapon, including any air gun, within the city, whether the projectile thereof is propelled by explosive, air or other means, and regardless of the character of the projectile; provided, it shall not be unlawful for a person to discharge a firearm within the city when:

    (1)

    Such person is a participant of a business which has been granted a special use permit pursuant to section 64-124;

    (2)

    Such person is a member in good standing of a recognized organization having as one of its principal activities the handling and use of firearms, and the organization has been approved by a majority vote of the council to conduct a shooting of undesirable birds or animals in the city and the shooting is conducted under the supervision and direction of the police department; or

    (3)

    Such shooting is conducted on a city-owned, city-maintained firing range under authorization of the city police department.

    (Code 1969, 17-38; Code 1982, 19-67; Ord. No. 7280, 1, 1-17-1977; Ord. No. 9317, 1, 3-17-2003; Ord. No. 9526, 1, 9-5-2006)

    Sec. 36-121. - Physicians to report gunshot or other wounds.

    It shall be the duty of every physician, surgeon or other person attending, treating or prescribing for any person in the city, or who resides in the city, for wound, ailment or condition caused by gun or pistol shot or knife, dagger or other instrument, within 24 hours after the inception of such treatment to report in writing to the chief of police, giving the name, age, nativity, residence (street and number), color and sex of such person, and the date of such wound or condition treated, together with the character of such injury.

    (Code 1969, 17-39; Code 1982, 19-68)

    State law reference—Similar provision, RSMo 578.350.

    Sec. 36-122. - Wells and cisterns.

    (a)

    All wells and cisterns in use shall have safe and adequate covers and platforms so as to prevent any person or animal from falling into them.

    (b)

    All abandoned wells and cisterns shall be filled to the ground level.

    (Code 1969, 32-1; Code 1982, 19-69)

    State law reference—Authority for city to regulate wells and cisterns, RSMo 77.140.

    Sec. 36-123. - Restriction on the sale, discharge and storage of fireworks.

    (a)

    No person shall buy, sell, display or discharge any firecrackers, cannon crackers, aerial bombs, torpedoes, rockets, Roman candles, flares, or fireworks of any kind or description or any pyrotechnic material within the city, except as provided in subsection (b) of this section.

    (b)

    Public displays of fireworks or pyrotechnics will be permitted only upon permission in writing, signed by the mayor and countersigned by the chief of the fire department.

    (c)

    No person shall store or keep any fireworks, firecrackers, cannon crackers, torpedoes, bombs, rockets, Roman candles, flares or other pyrotechnic material within the city; provided, transportation in a motor vehicle of the same shall not be considered as storing or keeping of such items.

    (Code 1982, 19-70; Ord. No. 8004, 1, 2, 8-6-1984)

    State law reference—Regulation of fireworks, RSMo 320.106 et seq.

    Sec. 36-124. - Firearms in city buildings.

    (a)

    No person who has been issued a concealed carry endorsement by the state director of revenue under RSMo 571.101 et seq., or who has been issued a valid permit or endorsement to carry concealed firearms issued by another state or political subdivision of another state, shall, by authority of that endorsement or permit, be allowed to carry a concealed firearm or to openly carry a firearm in any building or portion of a building, including all city parks, owned, leased or controlled by the city.

    (b)

    Signs shall be posted at each entrance of a building entirely owned, leased or controlled by the city stating that the carrying of firearms is prohibited. Where the city owns, leases or controls only a portion of a building, signs shall be posted at each entrance to that portion of the building stating that the carrying of firearms is prohibited.

    (c)

    This section shall not apply to buildings used for public housing by private persons, highways or rest areas, firing ranges, or private dwellings owned, leased or controlled by the city.

    (d)

    Any person violating this section may be denied entrance to the building or to the city park, or ordered to leave the building or city park. Any city employee violating this section may be disciplined. No other penalty shall be imposed for a violation of this section.

    (e)

    No person who has been issued a certificate of qualification which allows the person to carry a concealed firearm before the director of revenue begins issuing concealed carry endorsements in July 2004, shall, by authority of that certificate, be allowed to carry a concealed firearm or to openly carry a firearm in any building or portion of a building or city park, owned, leased or controlled by the city.

    (Code 1982, 19-71; Ord. No. 9341, 1, 10-6-2003)

    Secs. 36-125—36-146. - Reserved.
    Last edited by peterarthur; 07-30-2010 at 01:23 AM.

  3. #3
    Regular Member Big Boy's Avatar
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    If there is no prohibition it's legal. I know it's legal in KC. Never read Sedalia's.

  4. #4
    Regular Member afcarry's Avatar
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    Well that's good news. Unfortunately it displays a lack of knowledge (or less likely - integrity) on the LEO's part. Never my goal to bad mouth any of our finest, I appreciate everything they do. Thanks for all the info. Now the next question: people have argued about this one for a good bit. Does "readily capable of lethal use" indicate a round chambered? It seems a bit like a gray area since carrying in category 1 is definitely "ready" (that's why we carry that way) and if there is no round chambered, then its really not "ready," since there is a required step / action before you are ready to fire. So "readily capable of lethal use" could possibly require you to carry unchambered. Thoughts?
    Last edited by afcarry; 07-30-2010 at 02:21 PM.
    An individual should not choose the caliber, cartridge, and bullet that will kill an an animal when everything is right; rather, he should choose ones that will kill the most efficiently when everything goes wrong

  5. #5
    Regular Member Superlite27's Avatar
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    (d) Subdivisions (1), (4), and (5) of subsection (a) of this section shall not apply to any person who has a valid concealed carry endorsement
    Laws referring to "Readily capable of lethal use" do not apply to CCW holders.

    They do apply to non-CCW holders, but only if you enter the places mentioned in (4) and (5),

    So, to summarize: If you have a CCW, do not exhibit in an "angry or threatening manner".

    If you do not have a CCW, do not enter any church or place where people have assembled for worship, or into any election precinct on any election day, or into any building owned or occupied by any agency of the federal government, state government, or political subdivision thereof; or any school, onto any school bus, or onto the premises of any function or activity sponsored or sanctioned by school officials or the district school board...and don't exhibit in an "angry or threatening manner".

    However, this is just LOCAL law.

    CCW holders can (most likely will) be asked to leave these places. Non-CCW holders can (most likely will) be arrested.
    Last edited by Superlite27; 07-30-2010 at 05:30 PM. Reason: add consequences for CCW holders

  6. #6
    Regular Member afcarry's Avatar
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    Sweet. And go figure, tonight when I got home from work my wife told me about some people who were following her and her friend around Wal-Mart in Sedalia making lewd noises and gestures. She asked three times for a manager to escort her to her car in the parking lot and nobody came. Before tonight she never really thought she needed to carry a gun, but according to her, shes rethinking that now. More time at the range coming up; gotta train her a little more first before I let her loose. God I wish I was there because I know they wouldn't have done anything then.
    An individual should not choose the caliber, cartridge, and bullet that will kill an an animal when everything is right; rather, he should choose ones that will kill the most efficiently when everything goes wrong

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