Not So Good Open Carry in Kansas Today

[logunowner]

Not so good...Open Carry in Kansas Today
In Lenexa, Ks (from Missouri) today visiting my daughter. Went to GoodYear on Stevenson, got to the door and saw the "sign". I needed to pick up my daughters car so I put my weapon in the car. After I finished my business I told the Manager I wish he was more 2nd Amendment friendly and he said it was the corporate owned stores. They have had 7 robberies and he was told to put up the sign. I said that will stop them, or if they are robbed the bad guy will leave his gun in his car.....unbelievable.

Went on to Nebraska Furniture Mart. Walked in the door, open carrying and exchanged hellos with the guard. About 15 minutes later two plain clothes guys come up and introduce themselves and tell me open carry is not allowed in side the store. I said there is no sign and I walked right by the guard and he didn't say a word. They said he is the one that called them. They asked to see my Concealed Carry Permit, I hesitated but my granddaughter was with me so I showed him. If she wasn't there I don't think I would have showed them. I pull out my shirt and everyone went on their way. I told them it would be nice if they put up a sign indicating no open carry.

Did I need to show them my Concealed Carry Permit?????

 

[MartyH]

I've wondered the same thing. My guess is that you needed it to pull out your shirt to conceal your gun but you didn't need it to open carry. I also suspect that they can ask you to leave if you desire to open carry. It is the property owners choice. Since they just changed the policy a month ago, I'm not sure they really know what they want.

Then the question is what law you have broken. Is it a trespass law if you don't leave or is it a firearms violation?

I'm in Nebraska, so it might be different here than it is at the KS store.

 

[cwm1611]

Ks instructor here -- don't need a CCH lic to open carry, open carry is legal in Ks, without a proper sign properly posted (refer at AG website for info) they can't bring charges ($50 fine) for the carry, if they ASK YOU to leave (which they didn't, they called for someone else to ask) you leave or face trespassing charges. If you were OCing and leave the store OCing, I don't have a clue why they would ask to see a CC lic, unless they don't have a clue.

 

[logunowner]

I've wondered the same thing. My guess is that you needed it to pull out your shirt to conceal your gun but you didn't need it to open carry. I also suspect that they can ask you to leave if you desire to open carry. It is the property owners choice. Since they just changed the policy a month ago, I'm not sure they really know what they want.

Then the question is what law you have broken. Is it a trespass law if you don't leave or is it a firearms violation?

I'm in Nebraska, so it might be different here than it is at the KS store.

My same thoughts.

 

[logunowner]

Ks instructor here -- don't need a CCH lic to open carry, open carry is legal in Ks, without a proper sign properly posted (refer at AG website for info) they can't bring charges ($50 fine) for the carry, if they ASK YOU to leave (which they didn't, they called for someone else to ask) you leave or face trespassing charges. If you were OCing and leave the store OCing, I don't have a clue why they would ask to see a CC lic, unless they don't have a clue.

Someone else posted on another forum that NFM is in KC, Kansas and that it is a no open carry city. I looked at my resources such as Legal Heat app on my iPhone and it says nothing about open carry in Kansas City, Kansas except at public building or something like that....nothing about private owned. Appreciate your response.

 

[cwm1611]

Someone else posted on another forum that NFM is in KC, Kansas and that it is a no open carry city. I looked at my resources such as Legal Heat app on my iPhone and it says nothing about open carry in Kansas City, Kansas except at public building or something like that....nothing about private owned. Appreciate your response.

2 yrs ago Wichita asked the AG office for a legal op on cities restricting OC, the AG office responded that the law prohibits any city or county from doing so, only that they can regulate HOW it is carried. Wichita now states it must be "secured" (read - retention), "in a holster", safety on (whatever safety is provided by the manufacturer -- Glock, XD, etc are safetied in the same manner as a revolver).

Last year it made the news when Overland Park announced they were dropping their open carry prohibition, the City attorney office response? "We're just complying with state law."

I got my OC info during a discussion with the Ks state assistant AG last autumn.

 

[logunowner]

2 yrs ago Wichita asked the AG office for a legal op on cities restricting OC, the AG office responded that the law prohibits any city or county from doing so, only that they can regulate HOW it is carried. Wichita now states it must be "secured" (read - retention), "in a holster", safety on (whatever safety is provided by the manufacturer -- Glock, XD, etc are safetied in the same manner as a revolver).

Last year it made the news when Overland Park announced they were dropping their open carry prohibition, the City attorney office response? "We're just complying with state law."

I got my OC info during a discussion with the Ks state assistant AG last autumn.

Thank you for your response. Hopefully if we ( 2nd Amendment advocates) can turn this country around and make open carry legal in all states.

 

[Dunewolf]

Question - were they plainclothes cops? if so technically they didn't need to see your papers (unless Kansas is a show your papers state).. No matter what reason. If they was just store security chumps - They didnt have any right to see it no matter what..
Cops can ask, and you can offer.. But Security chumps at some store have no right to see your permit.. Only 2 people should need to see your permit, Gunstores when your buying a gun and use it as the less hassle version of ID lol - and Cops when you decide to give it too them (or they actually have cause to need it)

But for sure security guards, plainclothes or not (even if they are off-duty cops) Do not under any circumstance have any more rights to see your "papers" then anyone else.

Granted the company's you went to are private businesses so they can ask you to leave. Which is all they can do legally - if they call the cops on you, again cops can only ask you to leave too - In either case come back here and on other forums/etc and make a report about the company being ANTI --

My only thing about such Anti gun- list is - if some "criminal" starts using it for picking targets

 

[joejinky]

There is an APP for smart phones that EVERY open and concealed carrier should have. It is called GUN FREE ZONE. It allows a person to simply place a pin on a nationwide map when they encounter a place that forbids the free exercise of the 2nd Amendment, and it ALSO allows users to place a pin on that map where the lawful carry of a firearm IS allowed. As more people use the APP, and the map is populated with markers, you will be able to see where you should spend your money, and where you should avoid shopping.

 

[logunowner]

Question - were they plainclothes cops? if so technically they didn't need to see your papers (unless Kansas is a show your papers state).. No matter what reason. If they was just store security chumps - They didnt have any right to see it no matter what..
Cops can ask, and you can offer.. But Security chumps at some store have no right to see your permit.. Only 2 people should need to see your permit, Gunstores when your buying a gun and use it as the less hassle version of ID lol - and Cops when you decide to give it too them (or they actually have cause to need it)

But for sure security guards, plainclothes or not (even if they are off-duty cops) Do not under any circumstance have any more rights to see your "papers" then anyone else.

Granted the company's you went to are private businesses so they can ask you to leave. Which is all they can do legally - if they call the cops on you, again cops can only ask you to leave too - In either case come back here and on other forums/etc and make a report about the company being ANTI --

My only thing about such Anti gun- list is - if some "criminal" starts using it for picking targets

Yes, they were plainclothes. I was 98% sure I had no obligation to show them my CCW card. The bottom line with my incident is this "I did the right thing" as my 3 year old granddaughter was there and I didn't want to risk a confrontation. As with all risks come rewards and this time was my wife was happy with my decision to hand over the card.

Also, thanks for clearing up the issue about open carry in Kansas.

 

[Woody57]

It's just my opinion but the officers who responded may have asked to see the conceal carry permit to avoid having to ask you to leave and secure your firearm.

 

[logunowner]

It's just my opinion but the officers who responded may have asked to see the conceal carry permit to avoid having to ask you to leave and secure your firearm.

Good be. But being inside private property I don't know why and how they could benefit from knowing if I had a CCW. But again why they asked in the first place may be as you suggest.

 

[fredjj]

A review of a recent Kansas Attorney General's Opinion may be helpful. See 2013-13

Not so good...Open Carry in Kansas Today
In Lenexa, Ks (from Missouri) today visiting my daughter. Went to GoodYear on Stevenson, got to the door and saw the "sign". I needed to pick up my daughters car so I put my weapon in the car. After I finished my business I told the Manager I wish he was more 2nd Amendment friendly and he said it was the corporate owned stores. They have had 7 robberies and he was told to put up the sign. I said that will stop them, or if they are robbed the bad guy will leave his gun in his car.....unbelievable.

Went on to Nebraska Furniture Mart. Walked in the door, open carrying and exchanged hellos with the guard. About 15 minutes later two plain clothes guys come up and introduce themselves and tell me open carry is not allowed in side the store. I said there is no sign and I walked right by the guard and he didn't say a word. They said he is the one that called them. They asked to see my Concealed Carry Permit, I hesitated but my granddaughter was with me so I showed him. If she wasn't there I don't think I would have showed them. I pull out my shirt and everyone went on their way. I told them it would be nice if they put up a sign indicating no open carry.

Did I need to show them my Concealed Carry Permit?????

A review of a recent Kansas Attorney General's Opinion may be helpful. See 2013-13