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Wichita just passed loaded open carry!!!

marine0300

Regular Member
Joined
Nov 14, 2008
Messages
367
Location
Topeka, Kansas, USA
Memo by Wichita PD & Law Dept

Agenda Item No. IV-3.
City of Wichita
City Council Meeting
July 10, 2012
TO: Mayor and City Council
SUBJECT: Unlawful Use of Weapons
INITIATED BY: Wichita Police Department and Law Department
AGENDA: New Business
Recommendation: Approve first reading of the ordinance.
Background: The Wichita City Attorney requested a legal opinion from the Kansas Attorney General’s
Office regarding the possible preemption of city ordinances by the Kansas Personal and Family
Protection Act, K.S.A. 75-7c01, et seq. Provisions of the Act preclude municipalities from imposing
regulations or restrictions regarding the possession and transportation of firearms which exceed those set
forth by the Act. The opinion received from the Kansas Attorney General’s Office concluded that several
of the City’s weapon ordinances were preempted by the Act. Accordingly, amendments to the City’s
Ordinances regarding unlawful use of weapons are recommended.
Analysis: The proposed amendments bring the City’s ordinance into compliance with State law
regarding the unlawful use of weapons. The amendments no longer prohibit the open carrying of a
firearm on property open to the public so long as the weapon is contained in a holster, the safety remains
in place and the weapon is within the immediate control of the individual. The amendments prohibit the
carrying of a loaded firearm in a motor vehicle when the weapon is accessible to the individual, unless
the individual has the appropriate state issued carry concealed permit.
Lastly, the amendments exempt private security officers properly licensed by the Chief of Police and
licensed armored car personnel from the prohibitions contained in the ordinances.
Financial Considerations: None.
Goal Impact: These amendments further the goal of Safe and Secure Neighborhoods.
Legal Considerations: The proposed amendments have been prepared and approved as to form by the
Law Department.
Recommendations/Actions: It is recommended that the City Council place the ordinance on first
reading and authorize the necessary signatures.
Attachment: Ordinance.

http://wichitaks.granicus.com/Genera...2&clip_id=1795
 

MudFlap

New member
Joined
Sep 15, 2011
Messages
8
Location
Haysville KS
I think I might've just peed a little! It's hard to hear anything over the sound of the awesomeness of this!!!!
 

Damiansar-15

Regular Member
Joined
Nov 25, 2009
Messages
199
Location
Mercer Island, WA
Finally

We have been working on getting clarification and then fighting the "clarification" since 2010. I am glad to see the open carry protests and the multiple messages to the City have helped make a dent in this along with all of the others who actually went out to try to shake things up in other non-compliant Kansas cities. It is good to hear that Wichita finally put this right with a little help for the DA and political pressure. THANK YOU ALL FOR FIGHTING THE GOOD FIGHT!!!

http://www.youtube.com/watch?v=tm8FxpnzRYk
 

saefrog

Regular Member
Joined
Nov 25, 2009
Messages
20
Location
, ,
Congrats guys. Its true.

Below is the link to the City Council meeting, the video, and the ordinance with the underlines being the changes added to make it legal to open carry with a holster. You guys have done your work for sure, but, there are other hero's behind the scenes working for your cause too. Should go in effect July 1st 2013. Good job to all...

http://wichitaks.granicus.com/MediaPlayer.php?view_id=2&clip_id=1795&meta_id=105098
 

marine0300

Regular Member
Joined
Nov 14, 2008
Messages
367
Location
Topeka, Kansas, USA
Thanks to all in Wichita

Saefrog,

I know you’re a police officer in Wichita.

Please pass onto all you know who worked behind this scenes to help make this happen how much gun owners in Kansas appreciate their patriotism!

Have a great week,

Marine0300
 

sha-ul

Regular Member
Joined
Jun 3, 2009
Messages
96
Location
Kansas
http://wichitaks.granicus.com/MetaViewer.php?view_id=2&clip_id=1795&meta_id=105101

I want to call everyone's attention to this & the analysis of why the city is changing their ordinance, In the part that is bold& red the city publicly admits that their existing ordinance is illegal& unenforceable. I would say this would be a concrete defense in the event that one is arrested, &/ charged with open carry.

Agenda Item No. IV-3.
City of Wichita
City Council Meeting
July 10, 2012
TO: Mayor and City Council
SUBJECT: Unlawful Use of Weapons
INITIATED BY: Wichita Police Department and Law Department
AGENDA: New Business

Recommendation: Approve first reading of the ordinance.


Background: The Wichita City Attorney requested a legal opinion from the Kansas Attorney General’s
Office regarding the possible preemption of city ordinances by the Kansas Personal and Family
Protection Act, K.S.A. 75-7c01, et seq. Provisions of the Act preclude municipalities from imposing
regulations or restrictions regarding the possession and transportation of firearms which exceed those set
forth by the Act. The opinion received from the Kansas Attorney General’s Office concluded that several
of the City’s weapon ordinances were preempted by the Act. Accordingly, amendments to the City’s
Ordinances regarding unlawful use of weapons are recommended.


Analysis: The proposed amendments bring the City’s ordinance into compliance with State law
regarding the unlawful use of weapons. The amendments no longer prohibit the open carrying of a
firearm on property open to the public so long as the weapon is contained in a holster, the safety remains
in place and the weapon is within the immediate control of the individual. The amendments prohibit the
carrying of a loaded firearm in a motor vehicle when the weapon is accessible to the individual, unless
the individual has the appropriate state issued carry concealed permit.
Lastly, the amendments exempt private security officers properly licensed by the Chief of Police and
licensed armored car personnel from the prohibitions contained in the ordinances.



Financial Considerations: None.

Goal Impact: These amendments further the goal of Safe and Secure Neighborhoods.

Legal Considerations: The proposed amendments have been prepared and approved as to form by the
Law Department.

Recommendations/Actions: It is recommended that the City Council place the ordinance on first
reading and authorize the necessary signatures.
 

saefrog

Regular Member
Joined
Nov 25, 2009
Messages
20
Location
, ,
Open Carry in Effect as of today 7-26-12

Ordinance has been issued as of today. "loaded" Open Carry is legal in Wichita. Their "regulation" is that it must be holstered and safety on. Technically it is law and the books will be updated July 2013 but it's law now and officers have been advised to follow it.
 
Last edited:

Bullbuster

Regular Member
Joined
Feb 18, 2008
Messages
579
Location
Oklahoma City, Oklahoma, USA
I have been seeing news snipits all night about Wichita and a new gun law all gun owners must know. Gotta wait till after opening cerimonies to see exactly what it is but I'm sure it's about OC. I miss not having my carry piece with me. I live in OKC but am doing some training at McConnell for 8 months and staying on base. We fonally got OC passed but still have to wait till Nov 1st.
 

BROKENSPROKET

Regular Member
Joined
Jan 5, 2010
Messages
2,199
Location
Trempealeau County
So, I take it that OC is not a common thing is Witchita. Not that it is common in Wisconsin, but enough so that noone really gets bothered. I have OCed in the presence of LEO on several occasions and not even get ID'd.

I will be in Wichita for 6 weeks on a job. Can I expect to get stopped and asked for my papers?
 

sha-ul

Regular Member
Joined
Jun 3, 2009
Messages
96
Location
Kansas
So, I take it that OC is not a common thing is Witchita. Not that it is common in Wisconsin, but enough so that noone really gets bothered. I have OCed in the presence of LEO on several occasions and not even get ID'd.

I will be in Wichita for 6 weeks on a job. Can I expect to get stopped and asked for my papers?

Just don't fall into the trap of having a loaded gun in the vehicle without a permit.
 

BROKENSPROKET

Regular Member
Joined
Jan 5, 2010
Messages
2,199
Location
Trempealeau County
Just don't fall into the trap of having a loaded gun in the vehicle without a permit.

Thanks for the heads up. So, they will wait until you get into a vehicle, then ask for your permit?

OC in a vehicle is legal without a permit in Wisconsin.

I'm covered. WI resident , UT and AZ non-resident permits.
 

sha-ul

Regular Member
Joined
Jun 3, 2009
Messages
96
Location
Kansas
Thanks for the heads up. So, they will wait until you get into a vehicle, then ask for your permit?

OC in a vehicle is legal without a permit in Wisconsin.

I'm covered. WI resident , UT and AZ non-resident permits.

Right now, that looks like the big got-cha, pretty good bait when you are fishing for felonies.
 

DWCook

Activist Member
Joined
Sep 28, 2010
Messages
432
Location
Lenexa, Kansas
Ordinance has been issued as of today. "loaded" Open Carry is legal in Wichita. Their "regulation" is that it must be holstered and safety on. Technically it is law and the books will be updated July 2013 but it's law now and officers have been advised to follow it.

Wait holstered and safety on........how does that work if your carrying a Glock which does not have a safety switch that locks it back? Also I find being required for the safety to be on a bit odd.
 
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