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