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Thread: Open Carry Law in El Dorado Kansas

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    Open Carry Law in El Dorado Kansas

    I am going to get my concealed carry license this fall. For now, I have been open carrying. I called El Dorado and was told that since the concealed carry law was passed, there is no more open carry. That doesn't make any sense to me. I saw that localities can't ban unloaded open carry, I'm wanting to know about loaded open carry. I've left messages for call-backs, but so far, nothing. I just keep getting the run-around. Anyone know?

    Thanks!

    Clarisa

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    Quote Originally Posted by Clarisa Wheeler View Post
    I am going to get my concealed carry license this fall. For now, I have been open carrying. I called El Dorado and was told that since the concealed carry law was passed, there is no more open carry. That doesn't make any sense to me. I saw that localities can't ban unloaded open carry, I'm wanting to know about loaded open carry. I've left messages for call-backs, but so far, nothing. I just keep getting the run-around. Anyone know?

    Thanks!

    Clarisa
    While Kansas is an open carry state, they have incomplete preemption on open carry. This means that there are some local ordinances that could constitute a nightmare for the law abiding citizen, except for concealed handgun permit holders when inside vehicles.
    http://www.opencarry.org/ks.html
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    That's pretty strange considering I have OC in El Dorado before and never had any issues with law enforcement. Also it doesn't make sense to ban OC when the CC was approved, personally me I would still OC but thats just me. I'm not one to back down from a fight and also Im not one to take a "Since this was passed" kind of deal. If its in the books then yes they have the right to ban OC, BUT if its not in there books as an ACTUAL law then I would just challenge them asking for section and chapter for this law.
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    Campaign Veteran ComSec's Avatar
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    the problem is you called them and asked...... never do that. read the local Ords yourself. I have called tons of City Halls never the PD, and asked the clerk to read me the weapons offenses if needed never say anything about OC they will tell you what they "think" not what the law is.

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    Quote Originally Posted by ComSec View Post
    the problem is you called them and asked...... never do that. read the local Ords yourself. I have called tons of City Halls never the PD, and asked the clerk to read me the weapons offenses if needed never say anything about OC they will tell you what they "think" not what the law is.

    I agree with that! I have had several city officials and clerks tell me what they think or what they like then the actual law. I have actually challenged them before on telling me its not allowed yet the law states its allowed. People who makeup new laws on the fly just because they hate the idea are people who dont care for the constitution unless it works to there needs. We all follow what the constitution gives us and allows us to do, but officials love to twist the laws around to their liking.
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    I have O/C in El Dorado every day for the last two years with no trouble at all. LE has held open the door at QT for me more than a few times. Please be respectful to folks that ask about open carry.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by Dave P View Post
    I have O/C in El Dorado every day for the last two years with no trouble at all. LE has held open the door at QT for me more than a few times. Please be respectful to folks that ask about open carry.
    Welcome to OCDO Dave. Good bunch of people here - most are respectful 101% of the time.....and not just when people ask about OC.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Well, based on this glowing report, I just might make my first time OCing at the rest area near El Dorado.

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    Opening up a two year old thread. sounds like me lol. I live in Eldorado, and i have open carried here since i left the navy in mid 2010. i have never had any hrassment from law enforcement, and i have interacted with them while carrying. I dont see any problems here, but i have sent an email to the chief of police asking for information and ordinances. i will post here after a reply and some detective work from me.

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    El Dorado is Open Carry

    El Dorado is open carry below is the city ordinance for weapons. I completely support our law enforcement but I recommend not asking them what laws on open or concealed carry, they are not lawyers.

    Always go to the city clerk and ask for a copy of the city ordinance on weapons. Sometimes you can get it on line like I did for El Dorado. If open carry is not specifically banned than it reverts to state law and is legal. Don't ask the clerk if OC is legal they don't know either.

    Never assume always get a copy of the ordinance. Even people you trust will be wrong. Get in writing like below.

    imported post
    El Dorado http://library6.municode.com/default...ction=whatsnew

    2.40.050 Mob action--Civil disobedience.

    Rules and regulations relating to mob action or other civil disobedience in the city shall be as follows:

    A.During times of public crisis resulting from disaster, rioting, catastrophe or other public emergency within the city or reasonable apprehension of immediate danger thereof, the mayor of the city, or in his or her absence the acting mayor thereof, may upon his or her own volition proclaim a state of emergency; provided, that prior to the issuance of such proclamation, the mayor, or the acting mayor in his or her absence, shall find by investigation or otherwise that because of disaster, rioting, catastrophe or other emergency condition, the public peace and safety is imperiled, that human life and property is endangered by such emergency conditions, and that the normal and ordinary processes of the state and local government are inadequate to safeguard the public peace and safety and the lives and property of the citizens of such city.

    B.The proclamation of the mayor or acting mayor in his or her absence, shall recite his or her findings and shall declare a state of public emergency exists, and shall designate the boundaries of the affected area. Following such proclamation or declaration, the mayor or pro tem mayor in his or her absence may promulgate such reasonable orders, rules and regulations as he or she deems necessary to protect life and property, or to bring the emergency situation within the affected area under control, including but not limited to rules and regulations providing for the control of traffic, including public and private transportation within the affected area or any section thereof; designation of specific zones within the affected area within which occupancy and use of buildings and ingress and egress of persons and vehicles may be prohibited or regulated; control of places of amusement and assembly and of persons on public streets and thoroughfares, establishment of a curfew; control of the sale, transportation and use of alcoholic beverages, liquors and cereal malt beverages; control of the possession, sale, carrying and use of firearms, other dangerous weapons and ammunition; and control of the storage, use and transportation of explosives or inflammable materials or liquids deemed to be dangerous to public safety.

    C.Such orders, rules and regulations shall be effective from the time and in the manner prescribed in such orders, rules and regulations and shall be made public as provided therein.

    D.Such orders, rules and regulations may be amended, modified or rescinded from time to time by the mayor or acting mayor in his or her absence, during the pendency of the emergency, but shall cease to be in effect upon declaration of the mayor, or acting mayor in his or her absence, that the emergency no longer exists.

    E.Upon proclaiming such state of emergency, the mayor or acting mayor in his or her absence, shall forthwith notify the governor of the state of his or her action and the reasons therefor.

    F.Any person who shall wilfully fail or refuse to comply with the orders of the duly authorized law enforcement officers or personnel charged with the responsibility of enforcing the proclamation or declaration authorized hereunder shall be guilty of a violation of this code and upon conviction thereof shall be punished by a fine of not more than two hundred dollars ($200.00), or by imprisonment in the city jail for a period of not to exceed six months, or by both such fine and imprisonment.

    (Prior code § 1-806)


    6.16.025 Trapping.

    A.Trapping and Shooting.

    1.Trapping Prohibited. It is unlawful to set, trigger, activate or otherwise use, or cause to be set, triggered, activated or used, any steel-jawed, leg-hold trap, or for any person, other than animal control officers, to set or otherwise use other trapping devices including "live traps" used for the capture of any animal. Consistent with the provisions herein, the animal control division is authorized to utilize humane "live traps" and may conduct trapping operations or provide or authorize the use of such devices' use to property owners as may be needed throughout the city. This subsection is not intended to prohibit the prudent use of traps on one's own property to control rodents.

    2.Domestic Animals. It is unlawful for any person to shoot a domestic animal within the corporate limits of the city. Except this subsection shall not be construed or interpreted to prohibit the animal control division from utilizing certain firearms in emergency field conditions where such actions are provided for by law or policy.

    (Ord. G-1011 § 1 (part), 2007: Ord. G-1001 § 1 (part), 2007)

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    +1 on never asking local LEO's or clerks on OC! I had my experiences and actually looking up the law yourself is better than asking one who might not give you the FULL information on it. Half the time you get an answer on what they think as stated above. Never rely on city officials on questions like that, just look up the information so that you know there not twisting it or misunderstanding their own law.
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    Be careful - a lot of these cities incorporate the "Uniform Public Offense Code" as a catch-all for their municipal crimes, cite it, and then don't put a copy up on Municode or the like. On top of that, there are multiple editions, and a city might not use the same year's version as their neighbors. El Dorado incorporates the 2009 edition (citation - http://library.municode.com/HTML/163...04.010INPUOFCO ) and you need to check it out.

    The 2009 UPOC is available here - http://www.haysusa.com/UPOC_2009.pdf

    Thankfully, loaded OC on foot is not made illegal under this edition. However, car carry IS illegal, unless you have your concealed handgun permit (per limited preemption), or unless your gun is unloaded and in an enclosed case (per limited preemption).

    Sorry to rain on the parade, but I don't want anyone pinched by the fuzz because Kansas cities love to hide their municipal codes.

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    Quote Originally Posted by denwego View Post
    Be careful - a lot of these cities incorporate the "Uniform Public Offense Code" as a catch-all for their municipal crimes, cite it, and then don't put a copy up on Municode or the like. On top of that, there are multiple editions, and a city might not use the same year's version as their neighbors. El Dorado incorporates the 2009 edition (citation - http://library.municode.com/HTML/163...04.010INPUOFCO ) and you need to check it out.

    The 2009 UPOC is available here - http://www.haysusa.com/UPOC_2009.pdf

    Thankfully, loaded OC on foot is not made illegal under this edition. However, car carry IS illegal, unless you have your concealed handgun permit (per limited preemption), or unless your gun is unloaded and in an enclosed case (per limited preemption).

    Sorry to rain on the parade, but I don't want anyone pinched by the fuzz because Kansas cities love to hide their municipal codes.
    Couple of comments - most Kansas localities do not ban open carry. Even if they do, state law only allows such local regulation for loaded open carry - so open carrying unloaded is a safe harbor if you are unsure of local law.

    denwego - why do you say localities can require closed case in vehicles for non-permit holders (again, assume unloaded open carry is at issue inside the vehicle)? What am I missing?

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    Quote Originally Posted by Mike View Post
    Couple of comments - most Kansas localities do not ban open carry. Even if they do, state law only allows such local regulation for loaded open carry - so open carrying unloaded is a safe harbor if you are unsure of local law.

    denwego - why do you say localities can require closed case in vehicles for non-permit holders (again, assume unloaded open carry is at issue inside the vehicle)? What am I missing?
    You're 100% right about the unloaded open carry on foot being preempted. The recent AG opinion on that was a wonderful affirmation. I was just trying to keep the focus on loaded OC like we try to do in general, heh.

    The cased-in-a-car comes from section (b4) of the preemption law, which I'll quote below and link to the website:

    (b) Nothing in this section shall:
    (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.

    Section C reaffirms the requirement of b4 as being the most restrictive it can get for non-licensed folk:

    (c) Except as provided in subsection (b) of this section and subsection (a) of K.S.A. 2010
    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.

    ---

    The preemption being worded the way it is is actually a step up from what it was like before concealed carry was passed, since a few cities in the KSC area completely prohibited carry a handgun in a car with no reliable exception. b4 was meant to let concealed carries who take their guns off their persons in the car continue to do so without running afoul of such cities, while also allowing unlicensed folks a way to safely transport in SOME manner legally. As it is, there are a handful of cities, most which use the UPOC, which still require them to be unloaded and encased in a car; and even if the municipality doesn't, you're 100% sure of being OK all over the state if you carry as such.

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    I got a friend that lives there. Anyone know any McCoy's?

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