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Kansas state preemption question

wczimmerman

Regular Member
Joined
Aug 25, 2008
Messages
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I am investigating the current state of open carry and state preemption and I would appreciate any assistance.

In looking through the statues, I found:

12-16,124. Firearms and ammunition; regulation by city or county, limitations. (a) No city or county shall adopt any ordinance, resolution or regulation, and no agent of any city or county shall take any administrative action, governing the purchase, transfer, ownership, storage or transporting of firearms or ammunition, or any component or combination thereof. Except as provided in subsection (b) and subsection (a) of K.S.A. 2012 Supp. 75-7c11, and amendments thereto, any such ordinance, resolution or regulation adopted prior to the effective date of this 2007 act shall be null and void.
(b) Nothing in this section shall:
(1) Prohibit a law enforcement officer, as defined in K.S.A. 22-2202, and amendments thereto, from acting within the scope of such officer's duties;
(2) prohibit a city or county from regulating the manner of openly carrying a loaded firearm on one's person; or in the immediate control of a person, not licensed under the personal and family protection act while on property open to the public;

Item #2 seems to indicate that state preemption for open carry doesn't apply unless you have the state CHL. I was under the impression that the changes to the laws taking effect this year and making Kansas a constitution carry state would eliminate this but perhaps I was wrong in that. Can anyone clarify this?

I would also appreciate being pointed to the statues on minors and firearms.

Thanks!
 

color of law

Accomplished Advocate
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Oct 7, 2007
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Cincinnati, Ohio, USA
Part of that statute MAY be null and void. What law or amendment to your constitution made your state a constitutional carry state?

Go read this: http://www.handgunlaw.us/states/kansas.pdf

Open Carry is legal for those without a valid Permit/license. The state preempts all local firearm laws in the state. The Minimum age for Open Carry is 18. See “State Preemption Section.”
See KS Statute 12-16,124 and 75-7c20 for more information.
In some states Open Carry is forbidden in places where those with a valid permit/license can carry. This is not the last word on Open Carry in this state. Check at www.opencarry.org or go to Google and type in State Name Open Carry or Open Carry State Name for a search for open carry info in this state. Check with the State's RKBA Organization/s. Also see “Attorney General Opinions/Court Cases” Section for any written opinions/Cases on Open Carry.
Note: I am being told that Open Carry is frowned upon in the Kansas City Area but with new law is legal.
 
Last edited:

wczimmerman

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Here you go:

Constitutional Carry; SB 45
SB 45 amends laws concerning the concealed carry of firearms. The bill adds language
allowing the concealed carry of a firearm without a concealed carry license issued by the State,
as long as that individual is not prohibited from possessing a firearm under either federal or
state law. The bill specifies the carrying of a concealed handgun cannot be prohibited in any
building unless the building is posted in accordance with rules and regulations adopted by the
Attorney General. Concealed carry licenses will still be issued by the State, but the availability of
those licenses cannot be construed to prohibit the carrying of handguns without a license,
whether carried openly or concealed, loaded or unloaded.
Related to concealed carry licenses, the bill also allows the Attorney General to create a
list of concealed carry handgun licenses or permits from other jurisdictions that have training
requirements greater than or equal to the Kansas requirements. This list can be used by the
Attorney General when reviewing concealed carry license applications and making a
determination about whether an individual has completed an approved handgun safety and
training course required for issuance of a concealed carry license. The bill also defines “equal to
or greater than,” “jurisdiction,” and “license or permit” for the purposes of the new section of law.
The bill amends the definition of “criminal carrying of a weapon” to clarify that it is not
legal for anyone under 21 years of age to carry any pistol, revolver, or other firearm concealed
on one’s person, except when on such person’s land or in such person’s abode or fixed place of
business.

This was signed by the governor and went into effect on 1 July 2015 (I think).
 
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