OC in Overland Park

[ComSec]

imported post

I sent out a series of emails to local city leaders this weekend this is my first reply.

NAME EDIT, first, in Overland Park has an ordinance that prohibits concealed carry unless the person has a Concealed Carry permit. Second, if you are wanting to know if you can carry a handgun in plain view we have no ordinance that prohibits open carry.

I would tell you that if you carried any gun in plain view in public areas no doubt our officers would receive calls regarding this conduct. Our Officers would then respond and approach anyone with a gun with serious regard to their safety and the safety of others. The officers would follow their training and consider the totality of the circumstance they would encounter.

If you wanted to carry a handgun our State’s Concealed Carry law would give you the benefits you stated in your email.

Jim Weaver
Police Administration
Overland Park Kansas Police
913-327-6937


From: Reilly, Sean
Sent: Monday, April 14, 2008 11:54 AM
To: Weaver, Jim
Cc: Douglass, John
Subject: FW: Open Carry of Firearm

Jim, this was sent to the City Council general email box. Can you respond?

Sean
-----Original Message-----
From: ADDRESS EDIT
Sent: Sunday, April 13, 2008 1:04 PM
To: Council; Gerlach, Carl; mboehm@ci.lenexa.ks.us; jklein@ci.lenexa.ks.us; dlinver@ci.lenexa.ks.us; dsullivan@ci.lenexa.ks.us; cgreen@ci.lenexa.ks.us
Subject: Open Carry of Firearm
This email has been sent to the Mayor and City Council of Overland Park and Lenexa.
I am looking to see if there is a local law prohibiting open carry of a handgun with in your City (Overland Park or Lenexa)
I live in Olathe and regularly carry a weapon for personal security, but my family and I would like to enter into surrounding cities to shop.
Any information would be appriecated.

Thank you

 

[Mike]

imported post

ComSec wrote:

I sent out a series of emails to local city leaders this weekend this is my first reply.

Don't you think there might have been a more low key way to research this issue than to spam the entire spectrum of elected officials and thus encourage them to pass an open carry ban if they do not have one already?

Come on.

 

[ComSec]

imported post

I did but I was getting to many conflicting results, it may raise some eyebrows but its nice to have a solid answer. I do agree with you in a sence but I was needing a awnser to this, and I didnt spam I sent it to the mayor and CC, the local sherrif was no help

 

[Mike]

imported post

ComSec wrote:

I did but I was getting to many conflicting results, it may raise some eyebrows but its nice to have a solid answer.

Answers from city officials are not "solid" legal advice - you should just research the local codes yourself and pay for an attorney to confirm your result if it is not clear.

 

[captainamerica]

imported post

Even though our society can be quite volatile and unlawful at times it's comments like this by OUR public servants about LAWFUL activity related to OC that really bother me:

"I would tell you that if you carried any gun in plain view in public areas no doubt our officers would receive calls regarding this conduct. Our Officers would then respond and approach anyone with a gun with serious regard to their safety and the safety of others. The officers would follow their training and consider the totality of the circumstance they would encounter."

 

[ComSec]

imported post

Yea is there training talking to you like a person or walking up and tazing you JUST IN CASE

 

[tfb5701]

imported post

I think open carry is NOT legal in Overland Park. Read the city code below and look at subsection 5. Later in following section it gives exemptions for subsections 4 and 6 for people who have a concealed carry permit. But it specifically says that OPEN CARRY IS ILLEGAL in Overland Park.

11.60.010 Criminal use of weapons.

A. "Criminal use of weapons" is knowingly;
1. Selling, manufacturing, purchasing, possessing or carrying any bludgeon, sandclub, nunchaku, any gun that emits an electrical charge including, but not limited to, a gun commonly referred to as a stun gun or Taser gun, metal knuckles, or throwing star, or 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; or any knife, the blade of which can be fired, including but not limited to a knife commonly referred to as a ballistics knife; or
2. Carrying concealed on one's person, or possessing with intent to use the same unlawfully against another, a dagger, dirk, billy, blackjack, slung-shot, dangerous knife, straight-edged razor, stiletto or any other dangerous or deadly weapon or instrument of like character; provided, an ordinary pocket knife with no blade more than four inches in length shall not be construed to be a dangerous knife, or a dangerous or deadly weapon or instrument; or
3. Carrying 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; or
4. Carrying any pistol, revolver or other firearm concealed on one's person except when on the person's land or in the person's abode or fixed place of business; or
5. Carrying any pistol, revolver or other firearm unconcealed on one's person except when on the person's land or in the person's abode or fixed place of business; or
6. Transporting any pistol, revolver or other firearm unless it is unloaded and encased in a container which completely encloses it; or
7. Setting a spring gun.

 

[ComSec]

imported post

:cuss:How did I miss that I always look at the code first but I guess I missed it.

Thanks for the post.

 

[tfb5701]

imported post

yea i don't quite understand how one of the people at the police main office could say that it is legal when it says directly in the city code posted on the overland park website that it is illegal

 

[ComSec]

imported post

I emailed him back

 

[tfb5701]

imported post

Ask him to see if the law changed. I'd love for this to be a mistake or an outdated code but I doubt that to be the case.

 

[tfb5701]

imported post

any updates about that email you sent him?