Results 1 to 10 of 10

Thread: Wyandotte County

  1. #1
    Regular Member
    Join Date
    Sep 2010
    Location
    Iowa
    Posts
    2

    Wyandotte County

    I called the Wyandotte County sheriff and KCK police and both didn't understand that I actually wanted to carry a gun where all could see. They understood after i explained it to them and then proceeded to tell me if I open carry I will be arrested. Can anyone set me straight as to wheather it is legal in Wyandotte Cty and or KCK?

  2. #2
    Regular Member
    Join Date
    Aug 2009
    Location
    , ,
    Posts
    1,605
    Open Carry on Public Property is Legal in Kansas, as the State does not regulate Open Carry. The State only regulates Concealed Carry on this issue, as is codified under 21-4201(4). Law Enforcement should be aware Open Carry is Legal, however; you should too be aware that under KSA 12-16 124, Local Governments and Counties may regulate Open Carry of Loaded Firearms on ones Person, or Carry in an Air/Land/Water Vehicle, KSA12-16-124(2) and 12-16 124(4), and the same Law also works at prohibiting carry into a/ny: Jail, Juvenile Detention Facility, Prison, Courthouse, Courtroom or City Hall, per KSA 12-16 124(3). With the exception of KSA 12-16-124(3), being in the possesion of a Permit from Kansas, or one which Kansas reconizes, is an affirmative defense to any prosecution under KSA 12-16 124(2) or KSA 12-16 124(4).


    Under KSA 12-16 124(2) and 12-16 124(4), Wyandotte County would be Preempted on Loaded Open Carry by those Persons who are holders of Valid Family and Personal Protection Act Permits to Carry Firearms, issued by Kansas..., under KSA 75-7c03.

    However, Wyandotte County may regulate Open Carry, without exception for those Persons listed above, on the following properties..., as they pertain to Open Carry: 1. Jail, 2. Juvenile Detention Center, 3. Prison, 4. Courthouse, 5. Courtroom, or 6. City Hall. Wyandotte County does not have to regulate this activity, but they may well do so under Kansas Law. Unfortunately, Permit Holders are not exempt from these regulations.

    Concealed Carry Laws throughout Kansas, although Uniform in nature under KSA 75-7c 17, but these Laws allow some Local Restrictions. As a General Rule of Thumb... most States, but not all States, regulate Concealed Carry far more strictly than Open Carry, espicially where Open Carry is treated as a Right, which it is, is far more acceptable than Concealed Carry, less one has a Permit to do so.

    KSA 75-7c 17 allows Concealed Carry to be curtailed under 75-7c 11(a)(1) through 75-7c 11(a)(2). KSA 75-7c 11(a)(1) has to do with Private Property Rights, less your Personal Motor Vehicle. 75-7c 11(a)(2) is the Kansas Statutory Off-Limits Areas, for Concealed Carry only, per KSA 75-7c 10(1) through 75-7c 10(22). All of these areas are Off-Limits on Concealed Carry, regardless if one has a Permit, however; they may not be Off-Limits to Open Carry though.

    So... Wyandotte County can say, 'NO OPEN CARRY.'

    If you have a Permit..., (Kansas Personal and Family Protection Act Permit KSA 75-7c), then, you can laugh at them.

    Topeka can get mad and say..., 'NO CARRY IN THE FOLLOWING PLACES: (SEE THE ABOVE UNDERLINED PLACES).

    Even if they do this though, everywhere else in Wyandotte County is okay to Open Carry.

    If it is Public Property, and not one of those underlinded places, then it is okay to Open Carry there, and you can not Legally be arrested for it, or made to leave.

    If it is Private Property, KSA 75-7c 11(a)(2) and KSA 21-3721(1)(A) govern, and like most any other State, you MUST leave if you are told from the Rightful Owner or Occupant.

    Example: Wyandotte County says, 'NO OPEN CARRY AT Wyandotte County LIBRARY.'

    You can say, 'I have a Permit (KSA 75-7c)..., I am Legal [Open Carry].

    Remember though, under KSA 75-7c 11(19), Concealed Carry in the SAME Library is Off-Limits, though.

    I am not an Attorney, but my advice is although Open Carry is Legal in every area except those underlined above, Concealed Carry is MUCH MORE STRICT. Everyone who lives in Kansas, and has The Permit (75-7c)needs to read 75-7c (10).

    Open Carry is Off-Limits in Kansas at the following Areas, per Law:

    1. Schools, Schools means: K-12, under KSA 21-4204(5) and KSA 21-4204(6), and

    2. MAJOR STATE BUILDINGS, i.e. State Capitol, State Supreme Court, Governor Mansion, Landon State Building, Docken State Building, any other etc. MAJOR State Building, per KSA 21-4218.

    Either Violation of these Laws is a Kansas Class A Misdemeanor, and it does not matter if you have a Permit (75-7c) or not.

    Everywhere else, less the underlinded places (if enacted Locally), are Open Carry friendly, especially if one has a Permit.

    Generally, although Kansas Law is a little confusing, Kansas is a Open Carry State.

    Topeka's Ordinance proposed Ordinance is partially Preempted under KSA 12-16, 124 as:

    Chapter 12.--CITIES AND MUNICIPALITIES
    Article 16.--MISCELLANEOUS PROVISIONS
    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 (hence, if you are Licensed, then, you are good to go);

    (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(does not matter if you have a Permit or not); 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 (hence, if you are Licensed, then, you are good to go).

    (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.
    Last edited by aadvark; 09-21-2010 at 12:25 PM.

  3. #3
    Regular Member
    Join Date
    Nov 2008
    Location
    Topeka, Kansas, USA
    Posts
    367

    KCK / Wyandotte Weapons Ordinance

    Kansas City / Wyandotte County http://library6.municode.com/default...ction=whatsnew



    Sec. 22-177. Unlawful use of weapons.

    (a)Unlawful use of weapons is knowingly:

    (1)Selling, manufacturing, purchasing, carrying or possessing any bludgeon, sword, cane, loaded cane, sandclub, metal knuckles, any knife, commonly referred to as a switchblade, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife or any knife having a blade that opens or falls or is ejected into position by the force of gravity or by an outward, downward or centrifugal thrust or movement, a mailed fist, spiked knuckles, metal fist covers or any leather apparatus or device worn on the arms, legs, hands, feet and that contain metal spikes, studs or other metal attachments, sap gloves containing granulated metal or other ingredients designed to add weight to the gloves, or other dangerous or deadly weapon or instrument of like character.

    (2)Carrying or possessing on one's person or in any land, water or air vehicle a sword, dagger, dirk, billy, blackjack, slingshot, dangerous knife, straight-edge razor, a lock-blade knife, belt or pocket pistol, fountain pistol or pen-like tear gas or powder charge projection weapon, stiletto or any other dangerous or deadly weapon or instrument of like character; provided, an ordinary pocket knife with a blade less than 3 1/2 inches in length shall not be construed to be a dangerous knife or a deadly weapon or instrument.

    (3)Carrying or possessing on one's person or in any land, water or air vehicle, with intent to use the same unlawfully, a tear gas or smoke bomb or projector or any object containing a noxious liquid, gas or substance.

    (4)Carrying or possessing any pistol, revolver, shotgun, rifle or other firearm on the person except when on the person's land or in the person's own abode or fixed place of business or office.

    (5)Transporting any pistol, revolver, or other firearm which is not unloaded and encased in a container which completely enclosed the firearm.

    (6)Setting a spring gun.

    (7)Possessing or transporting any incendiary or explosive material, liquid, solid or mixture, equipped with a fuse, wick or any other detonating device, commonly known as a Molotov cocktail or a pipe bomb.

    (8)Carrying on one's person or in any land, air or water vehicle any martial arts weapon, including, but not limited to, a shuriken or throwing star, as defined in K.S.A. 21-4202 and amendments thereto, karate sticks, nunchaku, Chinese fighting sticks, throwing spikes, metal coverings for fist or foot, or any other dangerous weapon or instrument of like character, except a student currently enrolled in a formal martial arts class or formal instructor of martial arts employed in a licensed martial arts studio or business while carrying with them their training uniform while going to or from their place of formal training.

    (9)Drawing, using, demonstrating, or threatening to draw, use or demonstrate any object in a hostile manner.

    (10)Carrying any object in any manner with the intent to go armed, except when on the person's own land or in the person's own abode, fixed place of business or office.

    (11)Discharging or firing any air rifle, pellet gun or BB gun within the city limits while on the streets, alleys or public places.

    (12)Discharging any gun, revolver, pistol, or firearm of any description within the city.

    (13)Possessing any firearm by a person who is both addicted to and an unlawful user of a controlled substance.

    (14)Possessing any firearm by any person, other than a law enforcement officer or clearly authorized security officer, in or on any school property or grounds.

    (b)Subsections (a)(1)--(a)(4), (a)(8), (a)(9), (a)(12), and (a)(13) of this section shall not apply to or affect any of the following:

    (1)Law enforcement officers or any person summoned by any such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officers.

    (2)Wardens, superintendents, directors, security personnel and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crimes.

    (3)Members of the armed services or reserve forces of the United States or the state national guard while in the performance of their official duty.

    (4)Manufacture of, transportation to, or sale of weapons to persons authorized under subsections (b)(1)--(b)(3) of this section to possess such weapons.

    (5)Special deputy sheriffs, as described in K.S.A. 19-805a et seq., who have satisfactorily completed the basic course of instruction required for permanent appointment as a parttime law enforcement officer under K.S.A. 74-5607a and amendments thereto.

    (6)Unified government animal control officers while in the performance of their duties using tranquilizer dart guns on animals.

    (c)Subsections (a)(4) and (a)(9) of this section shall not apply to or affect the following:

    (1)Licensed hunters or fishermen while engaged in hunting or fishing and traveling to and from places to hunt and fish, those engaged in camping, scouting, trap, skeet or target shooting and instruction and training in safety and skillful use of weapons, including traveling to and from places to engage in such activities.

    (2)Persons licensed as private detectives by the state and detectives or special agents regularly employed by railroad companies or other corporations to perform fulltime security or investigative service.

    (3)The state fire marshal, the state fire marshal's deputies or any member of a fire department authorized to carry a firearm pursuant to K.S.A. 31-157, while engaged in an investigation in which such fire marshal, deputy or member is authorized to carry a firearm pursuant to K.S.A. 31-157.

    (d)Subsection (a)(1) of this section shall not apply to any person who sells, purchases, possesses or carries a firearm, device or attachment which has been rendered unserviceable by steel weld in the chamber and marriage weld of the barrel to the receiver and which has been registered in the national firearms registration and transfer record in compliance with 26 USC 5841 et seq., in the name of such person, and, if such person transfers such firearm, device or attachment to another person, it has been so registered in the transferee's name by the transferor.

    (e)Subsection (a)(11) of this section shall not apply to the discharge of firearms in any licensed shooting gallery, by a gunsmith in carrying on his trade, or by any officer of the law in the discharge of his official duties.

    (f)Subsection (a)(13) of this section 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; or

    (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.

    (g)The holder of a private security officer firearm permit shall carry a firearm while actually engaged in the performance of transporting an employer or their agent directly to and from a financial institute or as allowed by section 19-118. The holder of a private security officer permit shall be allowed to carry only those intermediate weapons approved for use by law enforcement officers with the police department.

    (h)It shall be a defense that the defendant is within an exemption.

    (i)No person shall unlawfully use weapons as defined herein. Any person unlawfully using weapons, as defined herein, shall, upon conviction thereof, be deemed guilty of a class A violation. In addition to the penalty for the violation of this section, it shall be the duty of the municipal judge to order such weapon to be forfeited to the unified government. The same shall be destroyed, retained for use by the police department or sold by the chief of police whenever the weapon is no longer needed for evidence.

    (Code 1964, § 39-3; Code 1988, § 22-106; Ord. No. 64772, §§ 1--6, 12-27-1984; Ord. No. 65357, § 1, 10-6-1988; Ord. No. 65498, § 41, 1-4-1990; Ord. No. 65883, § 17, 3-10-1994; Ord. No. 65924, § 1, 7-21-1994; Ord. No. 66173, § 8, 11-7-1996; Ord. No. O-51-04, § 1, 7-8-2004; Ord. No. O-90-05, § 1, 12-1-2005)

    State law references: Similar provisions, K.S.A. 21-4201.


    Sec. 19-108. Definitions.

    The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

    Chief of police means the chief of police of the city or the designated representative of the chief of police.

    Firearm means:

    (1)A pistol or revolver which is designed to be fired by the use of a single hand and which is designed to fire or is capable of firing fixed cartridges; or

    (2)Any other weapon which will or is designed to expel a projectile by the action of any explosive and which is designed to be fired by the use of a single hand.

    Firearm permit means a limited permit for the authority to carry a firearm by a private security officer while actually engaged in the performance of the duties of his employment and while on the premises of his employer or while traveling between the security officer's residence and the specific place of employment.

    Law enforcement officer means a law enforcement officer as defined by K.S.A. 21-3110.

    Offense of moral turpitude means those crimes involving prostitution, pimping, lewd and lascivious behavior, indecent exposure, illegal use, possession or sale of narcotics, marijuana, and any and all "controlled substances" as that term is defined at K.S.A. 65-4101 et seq., incest, gambling, the offenses listed in chapter 22, article VI of this Code and similar violations in other jurisdictions and forfeiture of bond to appear in court to answer charges for any of these crimes.

    Permit means the permit to act as a private security officer, issued by the chief of police to the individuals employed by a security agency or business as private watchmen, private security officers, or private security guards.

    Police department means the city police department.

    Private detective means any person who engages in detective business as defined by K.S.A. 75-7b01.

    Private security business means the business of furnishing private watchmen, officers, guards, or other persons to protect persons or property or to prevent the theft and unlawful taking, loss, embezzlement, misappropriation or concealment of any goods, wares, merchandise, money, bonds, stocks, notes, documents, papers or property of any kind. This term shall not include a business that furnishes state licensed private investigative services, as defined in K.S.A. 75-7b01. This term shall not include a business that employs private security officers to patrol only the premises of that business.

    Private security officer means an individual who agrees to perform services as a watchman, guard, officer, or patrolman to protect persons or property or to prevent the theft, unlawful taking, loss, embezzlement, misappropriation or concealment of any goods, wares, merchandise, money, bonds, stocks, notes, documents, papers or property of any kind.

    (Code 1988, § 19-206; Ord. No. 65892, § 1, 4-7-1994)

    Cross references: Definitions generally, § 1-2.


    Sec. 25-50. Animals, hunting and firearms.

    (a)No person shall hunt, molest, harm, frighten, kill, trap, chase, tease, shoot, throw missiles at or give toxic substances to any animal, reptile or bird. No person shall remove or have in his possession the young of any wild animal or the eggs, nests or the young of any reptile or bird.

    (b)No person shall use, carry or possess firearms of any description, air rifles, spring guns, bows and arrows, slings, any other forms potentially inimical to wildlife and dangerous to human safety, any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device.

    (Code 1964, §§ 25-43(3), 25-46(4); Code 1988, § 25-70; Ord. No. 61265, §§ 3, 6, 4-15-1980)

  4. #4
    Regular Member
    Join Date
    Sep 2010
    Location
    Iowa
    Posts
    2

    Wyandotte Cty

    I called the AG office and was told that I was not required to have a permit of any kind to open carry. I am from Iowa and reciprocity does not apply even though I also hold a Utah permit. They did mention that some counties and cities may have ordinances restricting it and I was to check with them. Both KCK and Crimedotte Cty were insistent on arresting anyone who was to carry a pistolie out in the open. So, I am not sure what I should do

  5. #5
    Regular Member
    Join Date
    Aug 2009
    Location
    , ,
    Posts
    1,605
    Kansas Law 12-16, 124(2) Authorizes Local Governments throughout Kansas to OutLaw Open Carry by any Citizen, except those Citizens who Posses a Valid License under The Kansas Personnal and Family Protection Act.

    Simply put..., Wyandotte County, or any of its Municipalities says: 'No Open Carry'.
    If you have a Permit, as above, per Kansas Law 75c-10, then, you are fine and you are exempt. If not, then, you will NOT be able to Open Carry.
    Last edited by aadvark; 09-22-2010 at 01:06 PM.

  6. #6
    Regular Member
    Join Date
    Nov 2008
    Location
    Topeka, Kansas, USA
    Posts
    367
    Don't open carry in Wyandotte County! You will only get in trouble.

    Kansas has a right to bear arms constitutional amendment change on the state wide ballot this November. If passed things will change in Kansas concerning gun rights.

    Yes, I believe Wyandotte County will be challenged.

    For the record everyone believes KCK and Wyandotte county are breaking KS open carry law which specifically states a County or City can only regulate a loaded firearm. Nowhere does it say ban!

    Be patient in a year or so things will be different.

  7. #7
    Regular Member
    Join Date
    Aug 2009
    Location
    , ,
    Posts
    1,605
    marine0300:

    With much kindest regards,

    KSA 12-16, 124 is already Law throughout Kansas.

    Wyandotte County and all of its Cities may well Regualte Open Carry of Loaded Firearms in Public.

    However, pursuant to KSA 12-16, 124(2) such Regulations may NOT apply to or effect Persons who have Valid Permits issued pursuant to The Kansas Personnal and Family Protection Act.

    Therefore, anyone with such Permit is exempt, regardless of Local Law or Ordinance, in light of the Supriority of Kansas Law as against Local Governments througout Kansas, id. KSA 12-16, 124(2).

    aadvark

  8. #8
    Regular Member
    Join Date
    Nov 2008
    Location
    Topeka, Kansas, USA
    Posts
    367
    Hey aadvark,

    This issue has been debated many times. The only preemption Personal and Family Protection act provides for open carry is in a vehicle. If you have a CCW license you can carry anyway you want in a vehicle its an extension of your home.

    This has been discussed by the Kansas Attorney General, President of the Kansas Rifle Association, and the NRA representative for Kansas. All agree with what I just stated.

    aadvark I challenge you to call the KCK police and let them know you will be open carrying and give them your location and then go do it. If your that confident you're right please be the test case! It takes courage to stand up for your beliefs and all will benefit from your activism. I did it in Topeka and was successful. Heck I'll go with you and video tape!

    aadvark you're a good person and I admire your passion for the 2nd Amendment I just disagree with you.
    Last edited by marine0300; 09-22-2010 at 04:39 PM.

  9. #9
    Regular Member
    Join Date
    Aug 2009
    Location
    , ,
    Posts
    1,605
    marine0300:

    I am not challenging your knowledge on the subject matter at hand, BUT that is straight out of The Kansas Code.
    Look for the Asterisks contained around 12-16, 124(a) and 12-16, 124(b)(2)! ***
    Read the part contained in The Asterisks! ***
    Referenced:
    Kansas Legislature-http://www.kslegislature.org/legsrv-statutes/getStatute.do
    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.

    Forwarded with much due Respect, and I will Call them as well!

    Respectfully,

    aadvark
    Last edited by aadvark; 09-23-2010 at 01:38 PM.

  10. #10
    KansasScout
    Guest
    Don't expect Dot County to be reasonable. While sitting in the Johnson County Sheriffs office to submit my CCW application, I happened into a discussion with a long time area bail bondsman. He related as how hostile Dot Co. is to them, and they generally avoid going there or bonding anyone from there. They get PI permits as well to keep the PD from giving them even more trouble and do not rely on CCW permits to keep them out of trouble.
    Generally, Dot Co. is a **** hole to be avoided with the exception of Western Dot. Co. Don't expect any great changes out of them...ever.
    I finally went and got my CCW class and app done...four more weeks.

    Interestingly, the CCW instructor was a retired PD officer from Shawnee and he swore open carry would get you arrested. I told him it was legal and he stood his ground and said no. So you might find a mess of trouble in nearby Shawnee. Yes I have read their statutes and Open carry is legal but the coppers don't seem to know it.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •