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Open Carry in Manhattan Area?

Walleye

Regular Member
Joined
May 29, 2008
Messages
309
Location
Manhattan, Kansas, USA
imported post

Hello all,

I stumbled upon this site while searching for laws/ordinances/regulations/etc regarding carrying a weapon in Kansas state. I have been trying to find a definitive answer as to whether or not open carry is legal without a concealed weapon permit. So far, the legalese has me thoroughly confused. :?

Before I continue, a little background on myself: I'm 22 years old, lived most of my life around computers, rabbits, horses, and associated animals (y'know, dogs n' cats). I have a hearing disability and wear a cochlear implant on my right side, while my left is pretty much dead. I just finished a course in Information and Network technology at Manhattan Area Technical College and am still looking for a job in that field. In the meantime, I continue to assist my mother in operating her horse and internet businesses. I have had a keen interest in firearms for quite some time, and personally own a shotgun, a rifle, and a handgun. My grandfather is a gunsmith in the city of Manhattan so I had plenty of opportunity to learn about the basics of firearms from an early age.

I recently started openly carrying my Smith & Wesson Model 39 pistol on my private property (a small family owned piece of land in the Riley county area). I started doing so as I've had a problem with racoons getting into my barn and skunks getting braver about coming near my horses. There's also an area not too far from my land where lots of townsfolk (mostly college students) come to party, and there have been a couple incidents of poaching on my property. Since it's private property, I'm pretty sure the state nor the RCPD can touch me while carrying out there.

The real problem I have is I often run errands in Wamego and Manhattan and it's extremely difficult to know when I'm in the green the moment I leave my property. The way I've been able to understand the legalese is that I cannot open carry in my vehicle unless I have a concealed weapon permit. My residence is not on the property, but just outside of Manhattan - not within the city limits, luckily. As a result, while driving to and fro, I've settled with wrapping my sidearm in an old T-shirt and setting it in the back seat.

I've yet to go into either Wamego or Manhattan with my sidearm prominently displayed as I don't feel like drawing that attention to myself yet, especially after reading stories from all over the country about harassment. I have noticed that since I started carrying on my private property, I've felt naked without my sidearm while running errands within city limits. I feel as if though there's nothing I can do should I be required to defend myself or others. At the same time, I notice just about every business or place in Manhattan has a anti-gun sign on it. I'm not one to judge, and if an establishment wants to try and ban guns from their premises, then more power to 'em. I don't particularly like it, but it isn't my decision to make - only to attempt to change, which is not an easy feat I'm sorry to say.

So essentially, being quite fresh to the whole idea of open carry:

- According to my grandfather, open carry without a permit is legal, so as long as I am not violating and local ordinances/etc. Is it better to be on the safe side and get a concealed weapon permit anyways? I do plan on getting one eventually, but at present time I do not have the time nor money to invest in the some $600 required to go through all the motions. My sidearm is also not very easy to conceal, being about the size of a fattened M1911.

- If I do openly carry where it is not prohibited, what are my chances of being harassed? I'm not too concerned with the average joe, but more to any law enforcement officers that may try to strong arm me. I'm not too confident at this time that I could convince a police officer that open carry is legal in this state, and I'm not sure if I want to risk the blemish of a legal accusation at this point in my life, which could spell disaster for my future - even if I'm in the right. The instructor I had at college was quite clear on these sort of things being career-busters.

- Will my hearing disability cause problems with open carry? I can usually hear ambient sounds quite well with the help of my implant, but verbal commands are difficult to discern unless the statements are made in a clear and concise manner. By the same token, my disability reinforces my desire to be armed at all times because I could be perceived as an easy target.

Thanks in advance for any knowledge or information provided.
 

ComSec

Campaign Veteran
Joined
Feb 7, 2008
Messages
444
Location
Lees Summit, Missouri, USA
imported post

Looks like your go - but verify that

http://www.municode.com/resources/gateway.asp?pid=11213&sid=16

Sec. 22-66. Deadly weapons.

It shall be unlawful for any person who is not an officer of the law to be found within the limits of the city carrying on his person in a concealed manner any pistol, bowie knife, switch blade knife, dirk, slungshot, knucks or any other deadly weapons.

(Code 1973, § 14-305)
 

Walleye

Regular Member
Joined
May 29, 2008
Messages
309
Location
Manhattan, Kansas, USA
imported post

That's about what I expected from Manhattan and goes in line with what I've heard from the people I've talked to about it. Thanks for the information, I've bookmarked that page.
 

Walleye

Regular Member
Joined
May 29, 2008
Messages
309
Location
Manhattan, Kansas, USA
imported post

The only problem is they don't specifically allow or deny open carry, and that's what makes me nervous. There's also a lot of businesses and areas that have anti-gun signs on them so it severely restricts where you can go and what establishments you can visit.
 

ComSec

Campaign Veteran
Joined
Feb 7, 2008
Messages
444
Location
Lees Summit, Missouri, USA
imported post

if is not stated in the Law its not illegal its legal there is still some freedom here, I havent seen a city actualy put that it is legal. and if you do carry shop were the signs are not present. I check every place I go into, I will not shop at those that have the signs even if im not carrying. OC is for some people and not for others
 

Walleye

Regular Member
Joined
May 29, 2008
Messages
309
Location
Manhattan, Kansas, USA
imported post

ComSec,

I've read your threads on being harassed and hassled by the police out there in the KC area, so given the wording of the Manhattan ordinance, what do you think my chances are of being arrested for open carry? A police officer could simply claim that my holster was partial concealment of my weapon or something like that.

EDIT:

Also, do you have any idea if counties can/do have restrictions on carrying firearms?
 

ComSec

Campaign Veteran
Joined
Feb 7, 2008
Messages
444
Location
Lees Summit, Missouri, USA
imported post

I open carry 24/7 I carry at home when I travel and when I walk and I walk alot, I have only been stopped 3 time 2 of those there was a call of a guy with a gun, and those only happened when I was out for a walk. I have been doing it for about 6 months straight. Dont worry about it if you have legal and you ACT that way you will be fine, the cops have aways been 100% polite and professional to me, they like giving speeches but remember your rights and dont be afraid to use your 5th, once you shut your mouth they let you go, what you say can be used against you in court if something goes wrong, but what you say can NOT help you. so you are not gonna talk yourself out of anything.

There guys that put there pants on like you, nothing more.

If you are dressed nice and not like a thug or a bumb, you will be fine very few people will notice and the ones that do most likely wont care
 

ComSec

Campaign Veteran
Joined
Feb 7, 2008
Messages
444
Location
Lees Summit, Missouri, USA
imported post

I have not seen any, but if you want call the Police Dept Admin they can tell you if there is and back up the code for you, if it would make you feel better, I had to call the sheriff of a few places because they were so small and the code was not online.
 

Walleye

Regular Member
Joined
May 29, 2008
Messages
309
Location
Manhattan, Kansas, USA
imported post

Thanks for the help ComSec, I'm getting the hang of it.

I OC'd with my S&W M39-2 into the convienence store I regularly visit and all I got was one odd look from another customer, but not a thing from anyone else. I'm workin' on it...
 
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