Advertisement

Archive for Tuesday, September 25, 2012

Overland Park approves carrying weapons in public

September 25, 2012

Advertisement

— Overland Park residents will be able to carry their guns in public, with certain restrictions.

The Overland Park City Council on Monday approved an ordinance allowing legal gun owners to openly carry their weapons, if they are in holsters with the safety engaged.

The council passed the ordinance after the Kansas attorney general said cities may not completely prohibit open carry of a loaded firearm while on public property. Some Overland Park officials said they were concerned the city could be sued if it didn't allow open carry.

Gun owners will be allowed to carry weapons on sidewalks, parks and buildings that don't have signs prohibiting firearms. Business owners will be able to post signs refusing to allow guns in their businesses. Guns will not be allowed inside city-owned buildings.

Comments

purpletentacle 8 months, 3 weeks ago

I've never understood why all the gun rights folks say its our constitutional right to carry firearms, and yet have no problem with it being prohibited in government buildings. It seems that if you feel firearms are a constitutional right you should also feel that you should be able to carry them in any public place.

0

mdlund0 8 months, 3 weeks ago

We do have a problem with carry being prohibited in government buildings, we've just been so busy fighting for our rights to carry at all that we haven't had time to get to the few places that are now excluded.

0

uncleandyt 8 months, 3 weeks ago

It's all about looks. The owner must talk with them. Friendly enjoyment in every town !

0

mdlund0 8 months, 3 weeks ago

Have to wait for the draw or to be otherwise threatened. What if the customer carrying the gun is an undercover or off-duty police officer? The same rules apply to an ordinary citizen legally carrying a firearm... simply having one, properly holstered, is not in itself a threat.

4

mdlund0 8 months, 3 weeks ago

Also, leveling a gun of any type at anyone, safety engaged or not, IS an overt threat and criminal charges will result. Pointing a gun at someone crosses the line, and you better leave the safety off, because the mere act of pointing implies the intent to fire.

2

Fossick 8 months, 3 weeks ago

What does the right to legally carry have to do with the crime of armed robbery?

0

uncleandyt 8 months, 3 weeks ago

Both bad ideas involve guns.

1

BlackVelvet 8 months, 3 weeks ago

Well golly, all the liquor store owner has to do is post one of those nifty "no guns" signs in the window and all will be well. I mean, it works at schools and other places doesn't it?

0

jocknavals 8 months, 3 weeks ago

look no further than the Republican National Convention a few weeks back, at which firearms were prohibited. how's that again? So, Matt Dillon was infringing on the constitutional rights of all those bad dude cowboys when he made them check their guns at the city limits?

2

snap_pop_no_crackle 8 months, 3 weeks ago

Of course, you have to also consider that the Democrats were demanding to see a photo id for everyone that entered their convention......

3

chootspa 8 months, 3 weeks ago

My office also demands I have a photo ID. What does that have to do with open carry at a convention?

1

kernal 8 months, 3 weeks ago

If we allow guns in government buildings then we also have to allow them in court rooms. That requires no further explanation.

0

bliddel 8 months, 3 weeks ago

My revolver has no "safety". I can leave it so that a single pull of the trigger will drop the hammer on an empty chamber, but there is no lever to prevent the firing pin from reaching the primer. Will my revolver be excluded on this basis?

0

time2kill 8 months, 3 weeks ago

I wondered the same thing. The wording of the statute has either been incompletely reported, or fails to take into account the configuration of a majority of the firearms being carried for self-defense today. Modern semi-automatic pistols typically have multiple safeties, but often none which can be manually engaged. Revolvers have inherent safety built into the design, but again, no manually engaged safety. Now, whether the legislators or the reporters, or both, are demonstrating their lack of understanding of firearms... time will tell, I suppose.

0

jackpot 8 months, 3 weeks ago

If it has a safety it has to be on.

0

Did_I_say_that 8 months, 3 weeks ago

"Subject to the provisions of Overland Park Municipal Code Section 11.28.061, carrying on one’s person any unconcealed loaded handgun as that term is defined in K.S.A. 2011 Supp. 75-7c02 and amendments thereto, while on property open to the public, except when on one's land or one's abode or fixed place of business, unless the handgun is carried in a holster with its safety on (if so equipped) and such weapon remains within the immediate control of the person at all times; or..."

http://apps.opkansas.org/City-Government/Agendas-and-Minutes/City-Council/Agendas/2012/2012-09-24/PSR-C1.pdf

0

jocknavals 8 months, 1 week ago

i wondered about this...i don't think any smith & wesson magnum revolver, for example, has a safety.

0

FlintlockRifle 8 months, 3 weeks ago

You must have an old Ruger, before they put in the "transfer bar", great pistols----

1

gccs14r 8 months, 3 weeks ago

I have my dad's old Blackhawk in .30 Carbine. Ruger will never get their hands on it to butcher the trigger group.

0

time2kill 8 months, 3 weeks ago

Does anyone know more about the details of this law than is reported in the article? My primary question is whether or not the transfer bar on a revolver or the trigger safety on a Glock or similar gun, or any other passive safety mechanism, meets the requirement for an "engaged safety" under the law. Or is this an anti-polymer-frame conspiracy to restrict open carry in Overland Park to 1911s?

0

Fossick 8 months, 3 weeks ago

Such a question will probably end up decided by the courts no matter how the rule is written. Remember, the ordinance was passed in response to a state law and based on the opinion of the AG. That means there is likely a lot of 'wiggle room' in it until there is some case law behind it.

1

paul85 8 months, 3 weeks ago

With the glock, the trigger safety is always on unless depressed, therefore, according to the wording as described above, open carry would be ok since the safety is on as long as its in the holster and you don't have your finger on the trigger.

0

RETICENT_IRREVERENT 8 months, 3 weeks ago

Lawrence has always allowed open carry .

3

chootspa 8 months, 3 weeks ago

Because we're far more conservative than Johnson County.

0

time2kill 8 months, 3 weeks ago

I think some people misunderstand this event. Overland Park is not granting anyone a new right. They are RESTRICTING the existing right to openly carry in Kansas, by requiring that the gun be in a holster and have a safety engaged. In most places in Kansas (including most of Lawrence), you can openly carry a gun, without the requirements of a holster or safety.

0

paul85 8 months, 3 weeks ago

Adding to your post, have you ever noticed that at the firing range building downtown, there are stickers on the door prohibiting guns, yet you have to have your weapon to go downstairs to fire it. Technically if its in your carry bag unloaded then its fine, but still, it can be daunting to some people.

0

oldbaldguy 8 months, 3 weeks ago

why would you want to? concealed carry makes more sense. i prefer a small revolver in .38 special. it has no safety except the transfer bar.

0

Fossick 8 months, 3 weeks ago

Yes, criminals are always looking for openly armed people to rob. They make such easy targets compared to the guys who carry all their money in "Gun Free is Worry Free" fanny packs.

0

DoubtingThomas 8 months, 3 weeks ago

Open carry makes more sense.Criminals are already carrying concealed. An openly displayed firearm would hopefully deter a would-be criminal, knowing they are not the only armed individual in the area. The sight of a firearm, legal or not, does tend to bother most people. I want the robber to know I am carrying. Keeping it concealed is like setting up an ambush you hope never has to happen.

0

purpletentacle 8 months, 3 weeks ago

It makes more sense if you are not an obese or otherwise impaired individual. If you obviously can't run fast, you become a perfect target for someone wanting to steal a gun.

2

DoubtingThomas 8 months, 3 weeks ago

There is no way to cover every situation. Choose what is best for you. I will choose what is best for me. I can choose either or not to carry at all, same as you.

0

Fossick 8 months, 3 weeks ago

" If you obviously can't run fast, you become a perfect target for someone wanting to steal a gun."

Thus the national epidemic of police guns being stolen in donut shops.

1

SouthWestKs 8 months, 3 weeks ago

For KansasLiberal, Carrying a gun either openly or concealed is a lot easier than carrying a cop.. If you have a Glock with there safe-fire system or a revolver that has a transfer-bar they are on safe until you pull the trigger.. The old Rugers & some old S & W's with the hammer that has a point have no safety, should be carried with the hammer over a empty chamber.. Also the judges now can carry in there court rooms.. If you have a unloaded gun in a zip-lock ( closed container ) bag you can take it any where you want to in Kansas..

0

jhawkinsf 8 months, 3 weeks ago

I'd give our founding fathers an A-. 90%. Of the Ten Amendments in the Bill of Rights, they messed up with #2. The other nine, I'm fine with.

1

Peacemaker452 8 months, 3 weeks ago

How do you consider it "messed up"?

0

Mike_Gerhardt 8 months, 3 weeks ago

Because he is in San Francisco! Says it all!

0

snap_pop_no_crackle 8 months, 3 weeks ago

I prefer to let the bad guys guess if I'm packing heat or not.

1

uncleandyt 8 months, 3 weeks ago

So business owners will be free to opt out of allowing gun enjoyers the freedom to freely display their freedom props in the shops. The radical Left is coming to take our guns and gun rights away. It all makes sense.

1

Klumma 8 months, 3 weeks ago

Not sure why this is big news. It has never been against the law, as far as I know, to have an open/carry firearm. City ordinances are one thing, but they are not laws. Ergo, very easily challenged and beaten by state or federal law.

Remember the days when you would see a truck with a gun rack sometime holding up to three shotguns/rifles hanging from the back window from inside the truck? It wasn't laws or city ordinances that prevented you from seeing this today. It was theft. Thanks, Topeka.

0

Did_I_say_that 8 months, 3 weeks ago

"Business owners will be able to post signs refusing to allow guns in their businesses."

For such businesses, I have a business card:

No Right to Protect = No Sale (Front)

No Right to Protect = No Sale (Front) by DIST

No Right to Protect = No Sale (Back)

No Right to Protect = No Sale (Back) by DIST

3

acornwebworks 8 months, 3 weeks ago

The idea of shopping only where you can carry is...IMHO...silly. But, hey, it's your choice. You want to make yourself shop somewhere else that might not have what you want or might be more expensive is your choice. Go for it. Personally, I prefer the glove compartment over shooting myself in the foot.

The fact is, though, that...like it or not...your business card doesn't mean businesses actually know a darned thing more about you than they know about any other customer. After all, anyone can make business cards on their home computer. And those business cards can say any darned thing you want them to say.

2

Did_I_say_that 8 months, 3 weeks ago

  1. There are businesses that do not prohibit legal carry of a self-defense weapon; they are just as competitive as businesses that prohibit legally carried weapons.
  2. "I prefer the glove compartment over shooting myself in the foot." If your weapon skills are so poor that you feel you would shoot yourself in the foot, please do not carry. However, be more responsible than to store your weapon in the glove compartment. Use a tethered car safe or store it in a safe at home.
  3. The card does speak the truth about those who have taken the time to obtain a CCH license. A CCH licensee would be the only one to directly benefit from the removal of the prohibition signage as the law only applies to a CCH. A non-CCH carrier would be violating the law either way - and with less penalties than a CCH violating the posted prohibition.
3

DillonBarnes 8 months, 3 weeks ago

I gave up 23rd St Brewery because of their concealed carry sign, that wasn't easy. I respect a business's right to choose how to operate, but I will also try to explain why CCers are not dangerous and that they are loosing business by posting those signs. That card is one way to inform them they are loosing business. I've contacted businesses that don't allow concealed carry to tell them they've lost my business and try to educate them on concealed carry. Everything on that business card is true, and the owner is welcome to look it up if he/she wants.

0

Did_I_say_that 8 months, 3 weeks ago

Some businesses will listen. A convenience store that I now frequent did prohibit CC. I talked with a manager; he promised to pass the card along to the district manager. A month later the sign was removed. The store now grosses around $500 a month from me in gas, grocery, etc.

0

Commenting has been disabled for this item.