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Press Release: The Libertarian Party will challenge all Open Carry bans in Kansas

Mike

Site Co-Founder
Joined
May 13, 2006
Messages
8,710
Location
Fairfax County, Virginia, USA
Let's roll folks, time for open carry to the max in Kansas, to include picnics in local parks which have open carry bans.

The 2 AG Opinions clarify that localities may not generally ban loaded open carry on foot:

Further, any such reasonable regulations on loaded open carry on foot, e.g., requiring holsters, do not apply to persons holding Concealed Handgun Licenses (CHLs).

Finally, it should be noted that enforcement of "reasonable regulations" on open carriers is largely impossible as, under the Fourth Amendment, absent reasonable suspicion that crime is afoot, local police cannot seize open carriers to inspect to see if the gun is loaded.

References:

AG Op. #2: http://www.handgunlaw.us/documents/agopinions/KSAGOpinionPreemption12_2011.pdf

AG Op. #1: http://www.handgunlaw.us/documents/agopinions/KSAGOpinionCitiesandOpenCarry.pdf

The Kansas preemption statute is at http://kansasstatutes.lesterama.org/...12-16x124.html
 
Last edited:

kc215

Regular Member
Joined
Jul 12, 2012
Messages
15
Location
xx215
Lenexa

Please add Lenexa to the list of those banning OC. Here is a link to the municiple code. http://www.lenexa.com/LenexaCode/codetext.asp?section=003
Section 3-9-I-1 UNLAWFUL USE OF WEAPONS.

A. Unlawful use of weapons is knowingly:
4. Carrying any stun gun or firearm on one's person, whether concealed or not, except when the person is on his land, in his dwelling or in his fixed place of business, or unless such stun gun or firearm is unloaded and encased in a container which completely encloses the stun gun or firearm
So based on what has happend in Wichita, and the AG opinions. What can be done? What can I do? I have no problem getting in contact with the city attorney, and suggesting that the may be in violation of state law, since they prohibit OC.
 

marine0300

Regular Member
Joined
Nov 14, 2008
Messages
367
Location
Topeka, Kansas, USA
Lenexa Open Carry

Thank you for posting about Lenexa. I promise we will get to them soon.

Right now there are a couple things in the works which I can’t talk about. So just hold tight for the time being.

Hopefully soon there will be an update.

Thank you for defending the 2nd Amendment!

Marine0300
 

kc215

Regular Member
Joined
Jul 12, 2012
Messages
15
Location
xx215
Thanks for the info, I will sit tight, patiently waiting for an update.
 
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