Announcement

Collapse
No announcement yet.

Firearms Laws for Olathe

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Firearms Laws for Olathe

    Here is a link to all the Municipal Codes (laws) of Olathe: http://www.olatheks.org/Egov/Documen...icipalcode.cfm

    This one is Title 9, which has the firearm laws.
    http://www.olatheks.org/Egov/Documen...de/code_09.pdf

    I found the State laws for weapons:
    http://www.kslegislature.org/legsrv-...6?number=11634

    Below are pertenant laws for firearms. (Interesting how it doesn't say anything about open carry. Does KS have preemption on open carry? There are no laws (that I saw) in the traffic portion that prohits firearms in vehicles. Any law regarding that is probably maintained at the state level (but I can't seem to find them).





    9.12.010 Definitions.
    (b) 'Firearm' means any loaded or unloaded pistol, revolver, rifle, shotgun or other weapon which will or is designed to or may readily be converted to expel a projectile by the action of an explosion, expanding gases or other combustion. This definition shall include devices using a fuelant and ignition device to launch or shoot a potato or other projectile from a cylinder or similar device, commonly known as 'spud or potato guns.' This term shall not include a firearm which has been rendered unserviceable by steel weld in the chamber and marriage weld of the barrel to the receiver and which has been registered in the national firearms registration and transfer record in compliance with 26 U.S.C. 5841, et seq., and any amendments thereto.
    (c) 'Minor' means a person who is under the age of eighteen (18 ) years.


    9.12.020 Criminal Use of Weapons.
    (1) Criminal use of weapons is knowingly:
    (a) Selling, manufacturing, purchasing, possession or carrying any bludgeon, sandclub, metal knuckles or throwing star, any knife, commonly referred to as a switchblade, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or any knife having a blade that opens or falls or is ejected into position by the force of gravity or by an outward, downward, or centrifugal thrust or movement;
    (b) carrying concealed on one?s person, or possessing with intent to use the same unlawfully against another, a dagger, dirk, billy, blackjack, sling shot, dangerous knife, straight-edged razor, stiletto, martial arts fighting sticks, or any other dangerous or deadly weapon or instrument of like character, except that an ordinary pocket knife with no blade more than four inches in length shall not be construed to be a dangerous knife, or a dangerous or deadly weapon or instrument;
    (c) carrying on one?s person or in any land, water or air vehicle, with intent to use the same unlawfully, a tear gas or smoke bomb or projectile or any object containing a noxious liquid, gas or substance;
    (d) carrying any pistol, revolver or other firearm concealed on or about the person except when on the person?s land or in the person?s abode or fixed place of business, if the said business does not sell alcoholic beverages for consumption upon the premises;
    (e) setting a spring gun;
    (f) possessing any device or attachment of any kind designed, used or intended for use in silencing the report of any firearm; or
    (g) selling, manufacturing, purchasing, possessing or carrying a shotgun with a barrel less than eighteen (18 ) inches in length or any other firearm designed to discharge or capable of discharging automatically more than once by a single function of the trigger; or
    (h) possessing, manufacturing, causing to be manufactured, selling, offering for sale, lending, purchasing or giving away any cartridge which can be fired by a handgun and which has a plastic-coated bullet that has a core of less than sixty percent (60%) lead by weight; or
    (i) possessing or transporting any incendiary or explosive material, liquid, solid or mixture, equipped with a fuse, wick or any other detonating device, commonly known as a Molotov cocktail or a pipe bomb.
    (2) Subsection (1) (a) (b) (c) (d)
    Peace through superior firepower!
    Jet Noise-The Sound of Freedom!

  • #2
    Thanks for the info. I've been having trouble finding verifiable information but various sources like packing.org indicate that open carry is legal when not prohibited by county and local legislation.

    I have also heard that a loaded weapon in a vehicle compartment or in a case in a vehicle is considered stored and not concealed and is perfectly legal. So someone car carrying in MO traveling into KS doesn't run afoul of state law.

    Then there's the whole issue of figuring out the local legislation. I haven't be able to find laws applying in Johnson County, Merriam, Lenexa or Overland Park online anywhere. I could call up and ask the police and sheriff departments but I still would want it in writing.

    Hopefully we can put our heads together and figure something out at least a process for getting the facts in verifiable form so we have something to show the nice officer if we get harassed.
    Laws don't stop criminals. People do.
    A human right.

    Comment


    • #3
      Here is why I am so confused. My friend's wife is a police officer for Olathe. She told me, when I was last home, that one can carry a gun in a car as long as it wasn't concealed as as long as the ammo/magazines weren't accessible to any passengers or operators...or vice versa (ammo in cab, gun in trunk). Personally, I don't see how a gun would do me any good if I don't have the ammo. I can't seem to find the exact law that my friend's wife mentioned (in so many words). I don't know if it has anything to do with it, but she's against a CCW law in KS. So, do I believe the city's website (last updated in 1999), or what a police officer for Olathe says (off duty at the time of the conversation)?

      I guess if all else fails, store the weapon locked in the trunk...hopefully I can find more info on this matter.

      Here's another aspect. Cities such as Olathe, Overland Park, Lenexa, Shawnee (and all the others) are so close together that it, at times, can be difficult to figure out where city lines are. One city may allow open carry, but another may not. Unfortunately, Kansas does not have preemption. If and when KS passes a CCW law, we need to push for preemption with that law.
      Peace through superior firepower!
      Jet Noise-The Sound of Freedom!

      Comment


      • #4
        As a rule of thumb, it's best to be very, very careful with open carry in the eastern side of the state (KCKS, Olathe, Lenexa, etc). Outside of the major cities it seems (anecdotally, from folks I know and talk to, and posts elsewhere) that common sense tends to prevail, and most smaller cities / towns do not ban open carry. I'm not sure where Wichita stands on this. KS2A, what can you say about Wichita?
        IL www.illinoiscarry.com
        NE www.ccwne.com
        WI www.wisconsinconcealedcarry.com

        Comment


        • #5
          Technically, all Cities of the First Class are not to have Open Carry. It falls under weapons violation or breach of peace. Wichita will get its own thread. The quagmire requires it.
          Play stupid games
          Win stupid prizes

          Comment


          • #6
            Wichita weapons ordinance

            Just a real quick answer on Wichita's gun carry laws: most civilians cannot do it, either openly or concealed. The ordinance does make some exceptions, (for security guards, etc.) but prohibits it for most people. Hope this helps. Be safe.
            Taceant colloquia. Effugiat risus. Hic locus est ubi mors gaudet succurrere vitae.
            The Pale Horse available on Amazon for your digital reader.

            Comment


            • #7
              Technically, all Cities of the First Class are not to have Open Carry. It falls under weapons violation or breach of peace.
              Can someone elaborate on this? Does this include open carry in a vehicle? This is the first time I have seen the quoted info above. Is this in the state law?

              I have tried for quite some time to find the local ordinances' for KCK and also Wyandotte(sp?) county as they pertain to car carry. So far no luck.

              Comment


              • #8
                Regardless of state law, counties/cities/towns can make laws that exceed the state law. If pre-emption passes, no one can exceed the state law. Currently, the state law allows open carry. However, many cities do not allow open carry...whether on your body or in your vehicle.
                Peace through superior firepower!
                Jet Noise-The Sound of Freedom!

                Comment


                • #9
                  Just by itself, this thread is why I'm so interested in seeing other states bring their CC efforts to fruition. Normally when I travel my concern is to refresh myself on the deadly-force statutes of where I'll be. But holy bat$*it fatman, this is enough to make someone just fill up & drive straight thru.

                  I'm not pokin' fun really; I support you guys 100% - just pointing out that, as a non-res, if it's this confusing for residents, imagine the potential jeopardy that puts travellers in. Like we all need more ambiguous laws.

                  Makes you wanna grab a legislator & do some wall-to-wall counselling...
                  Keep truckin' - nice job A10 guy on ferreting out the ordinances.
                  8)
                  Reporter: \"Doesn't violence just begat violence in return?\"
                  Cooper: \"I certainly hope so.\"

                  Comment


                  • #10
                    WIG19,
                    You're welcome. As for any potential travelers passing through Kansas, following the federal law for interstate travel with firearms seems to the best bet right now...until we get preemption or CCW law passed. I found a good article at www.semissourian.com. The quoted section is just a portion of the article (I quoted the whole article in a different thread on this forum).

                    Kevin Jamison, an attorney in Kansas City, Mo., and president of the Western Missouri Shooters Association, advises gun owners to heed federal statute when traveling.

                    FEDERAL LAW

                    \"The federal law says that if you legally possess a firearm and you're carrying it in interstate commerce, if it's unloaded and in a locked container you can legally carry it in all 50 states, Washington, D.C., Puerto Rico and Guam,\" Jamison said.

                    Glove compartments and consoles don't qualify as \"locked containers,\" Jamison said. He recommends putting the gun in a tool box, a small safe that is bolted to the floor of the car or a \"gun rug,\" which is a cloth or leather container with a lock.

                    Missourians heading into Nebraska, Illinois or the part of Kansas bordered by the Missouri River at least have a wide body of water signaling that they're leaving their concealed-carry home state.

                    It's along the 150 miles from Kansas City to Missouri's southwest corner that Missourians with concealed weapons will have to be most alert for the Kansas border.

                    \"They need to be cognizant of where they're at,\" said deputy sheriff Cy Frost of Cherokee County, Kan., which lies just over the line from Joplin. \"Before coming into Kansas they better pull over, take the gun out of their pocket or wherever it's concealed, remove it from inside the vehicle and put it up.\"
                    I hope this helps some people out.
                    Peace through superior firepower!
                    Jet Noise-The Sound of Freedom!

                    Comment


                    • #11
                      \"Before coming into Kansas they better pull over, take the gun out of their pocket or wherever it's concealed, remove it from inside the vehicle and put it up.\"
                      Second Ammendment bigotry at it's finest.....

                      Comment


                      • #12
                        Yup. That's ok. He can make his smug statements, all the while thinking that Kansas will never have to deal with CCW. Let him be ignorant. In the meantime, we're going to be here, rallying the troops, helping pro-Liberty politicians, and working hard to shove those very words back into his mouth so we can watch him eat them. I predict that within 3 years Kansas will have CCW, and personally I'm betting that it will be in 2006.

                        Nebraska and Wisconsin are working hard this year to pass their own \"shall issue\" laws, and it looks like they might succeed. If so, Kansas and Illinois will be the only ones left. The logic and political tide behind 48 issuing states (with no \"blood in the streets\" from CCW gunfights) vs. 2 non-issuing states (with \"gun control\" helping criminals live safely) will eventually overwhelm even Kansas and Illinois politics. I predict that Illinois will be the last state to start issuing, and I'm not sure that it will happen by the end of this decade. Kansas *can* do much, much better, and I have faith that she *will* do much better.
                        IL www.illinoiscarry.com
                        NE www.ccwne.com
                        WI www.wisconsinconcealedcarry.com

                        Comment


                        • #13
                          Kansas finally passed the pre-emption! woohoo! Well, one more speedbump to go. We have to get the govenor to sign it.

                          For those of us who are from Kansas, or those of us that know someone from Kansas, we need to direct our energy (in the form of letters, phone calls, emails, telegraphs, semiphore, smoke signals or any valid/effective form of communication) towards Governor Sebelius.

                          Here's some info to get in contact with her.

                          http://www.ksgovernor.org/

                          Office of the Governor
                          Capitol, 300 SW 10th Ave., Ste. 212S
                          Topeka, KS 66612-1590

                          Voice 1-877-KSWORKS (1-877-579-6757)
                          Local 785-296-3232
                          For the Hearing Impaired 1-800-766-3777

                          Governor's Office of Constituent Services
                          Toll-Free 1-877-KSWORKS (1-877-579-6757)
                          Local 785-296-6240
                          Fax 785-368-8788

                          Governor's Office of Government Affairs
                          Voice 785-368-8500 Fax 785-368-8788

                          Governor's Office of Communications
                          Voice 785-368-8500 Fax 785-368-8788
                          Governor's Federal Grants Program
                          Voice 785-291-3205
                          Fax 785-291-3204

                          http://www.ksgovernor.org/comment.html

                          I know this is MORE Than enough info, but let's see if we can flood her office with supports of this bill!
                          Peace through superior firepower!
                          Jet Noise-The Sound of Freedom!

                          Comment


                          • #14
                            Details of the law is on another post http://www.ksconcealedcarry.com/viewtopic.php?t=56
                            Never wield a scalpel when a chainsaw will do!

                            Comment


                            • #15
                              According to Packing.Org home page...

                              SB 195 became law according to what I saw on the Packing.Org home passed congress, but will they need to gear up to override a veto?
                              Arming with truthful knowledge, defeats ignorance.

                              Comment

                              Working...
                              X