In 2007, there were several changes to the CC laws, and there was one, almost everyone missed .... related to open carry. In 2007, they made it so that anyone who has a CC license couldn't get entraped by anti-city councils or police depts, and essentially made it legal for anyone with a cc license to open carry (even tho alot of cc holders didn't realize it). However, no one (including us who did know it ) wanted to make a big deal out of it or be the test case, because of how it was written.
But, in 2007 they did something else ..... they changed it so that cities could not prohibit open carry anymore..... but only "regulate the manner of open carrying a LOADED firearm".
So, a few 'more liberal' cities asked for an official AG opinion on the meaning of the statutes in terms of controlling and prohibiting open carry, in particular the one below (which was also revised in 2007), and this one floated to the surface very quick. The AG's opinion also supported, cities cannot prohibit NOR regulate open carry of anyone with a CC license (it's totally state pre-empted and per the state laws), but as to "open carry" of someone without a CC license... they cannot prohibit open carry, only regulate THE MANNER they can open carry a "LOADED" firearm. So, they can't play the games California did saying it could be carried, but had to be unloaded..... they eliminated them being able to pull that one.
So, NOW ..... some major cities are starting to realize their statutes prohibiting open carry are null and void and pre-empted by state laws. So, this week.... we expect to see our largest city in Kansas (Wichita) modifying the city law .... to be in line with the State law. This in itself, will get the attention of many other cities and cause other cities to realize, their statutes may be worthless as well .... as they relate to prohibiting open carry. Our State Capital modified their laws a few years back and made open carry legal there, so they were on top of things.
5 yrs.... and they didn't keep up with the changes in the laws, and 5 yrs before they woke up. We're wondering how many people were "convicted" .... on bad charges now for open carry during that period by Municipal Courts.
Statute | Kansas State Legislature
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. 2011 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;
(3) prohibit a city or county from regulating in any manner the carrying of any firearm in any jail, juvenile detention facility, prison, courthouse, courtroom or city hall; or
But, in 2007 they did something else ..... they changed it so that cities could not prohibit open carry anymore..... but only "regulate the manner of open carrying a LOADED firearm".
So, a few 'more liberal' cities asked for an official AG opinion on the meaning of the statutes in terms of controlling and prohibiting open carry, in particular the one below (which was also revised in 2007), and this one floated to the surface very quick. The AG's opinion also supported, cities cannot prohibit NOR regulate open carry of anyone with a CC license (it's totally state pre-empted and per the state laws), but as to "open carry" of someone without a CC license... they cannot prohibit open carry, only regulate THE MANNER they can open carry a "LOADED" firearm. So, they can't play the games California did saying it could be carried, but had to be unloaded..... they eliminated them being able to pull that one.
So, NOW ..... some major cities are starting to realize their statutes prohibiting open carry are null and void and pre-empted by state laws. So, this week.... we expect to see our largest city in Kansas (Wichita) modifying the city law .... to be in line with the State law. This in itself, will get the attention of many other cities and cause other cities to realize, their statutes may be worthless as well .... as they relate to prohibiting open carry. Our State Capital modified their laws a few years back and made open carry legal there, so they were on top of things.
5 yrs.... and they didn't keep up with the changes in the laws, and 5 yrs before they woke up. We're wondering how many people were "convicted" .... on bad charges now for open carry during that period by Municipal Courts.
Statute | Kansas State Legislature
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. 2011 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;
(3) prohibit a city or county from regulating in any manner the carrying of any firearm in any jail, juvenile detention facility, prison, courthouse, courtroom or city hall; or
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;