Kansas : open carry was essentially passed, but ignored for 5 yrs


eagleks

New member
Kansas changed the law in 2007, which had allowed cities, counties, etc. to prohibit open carry.... and with the change they could no longer "prohibit" open carry, they could only regulate "the manner" of open carry (has to be in a holster, etc.). However, it was done rather quietly along with some other changes and not everyone was aware of it. Cities didn't want people to figure it out or realize it, so they didn't want to point it out.

About 3 yrs ago , our Capital City modified their laws to eliminate the 'prohibit' section and made it agree with the State law. So, jump 5 yrs out ... an AG opinion was requested and came out on the issue a year ago, and then it became to be more publically known. Now, keep in mind.... people were being charged for open carry per some city laws and being put in jail after their convictions, under laws that had in essence been pre-empted and voided out by the state. However, only recently one of the more liberal cities in this state changed it's law to fit with the State.... and it really hit the press. That City Council is protesting "having" to do this and wants to push for cities to be able to have much more control of gun laws , but the legislature did it to eliminate the hodge podge of confusing jurisdictions and the variation and patch work of laws. 90% of the State it has always been legal open carry... only in larger cities has it been illegal.

So, the cat is out of the bag, and sitting now in the middle of the table. It's legal. Now, other cities who may or may not have been "up" on the law, are now..... some are doing everything they can to find a loop hole to utilize... and cannot find one. It's legal. So, the "fight" has begun. Most strong 2A candidates for the State Legislature and Senate won in the primaries here, and if they do in the general election... they are unlikely to change it.

And... the liberals and Dem's here, are absolutely hating it.
 

I am from Kansas and have never open carried. I would have to read the law and become more comfortable with it.
 
Actually, Open carry has always, (since the cowboy days) been legal in Kansas it was just ignored. 2007 is when the CCW laws went into effect and most cities in an effort to "Outlaw" CCW made city ordinaces, that prohibited carrying a firearms of any kind. The state quickly countered with a law forbiding the cities to pass such laws and efffectively pre-empted the cities neutralizing their new gun bans, laws to contol ammo, and the transportation of all the above. Skip forward to 2008 and the 97% percent passage of Admendment 1 to the Kansas constitution which guarenteed the right to keep and bear arms by any Kansas resident. Now skip forward to 2012 and the Wichita city council requested a Attorney General opinon, on the cities ability to ban open carry of firearms by the general pulic. The Attorney General responded that due to the passage of Admendment 1, that the city could ONLY regulate the manner in which a firearm was carried but they could not ban the carrying of firearms by those that could legally own them. (Not the answer the City of Wichita was looking for).
 
The Attorney General responded that due to the passage of Admendment 1, that the city could ONLY regulate the manner in which a firearm was carried but they could not ban the carrying of firearms by those that could legally own them. (Not the answer the City of Wichita was looking for).

Did this mean that Wichita can ban open carry?
 
They had previously banned open carry, After the opinion came out they had to allow open carry. But the City is allowed to regulate the manner in which a firearm is carried. ie. in a holster, unloaded, etc.
 

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