Archive for Tuesday, January 16, 2018

Wichita State gun case shows loophole in concealed carry law

January 16, 2018

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— The case of a former Wichita State University student who was arrested for carrying a loaded gun on campus points to what could be an unintended loophole allowing criminals who are barred from carrying a gun to get away with it.

Under the current law, police can't question someone carrying a firearm unless they suspect that person has committed another crime. This means police can't check whether a person is actually armed or has a past conviction making it illegal to carry, the Wichita Eagle reported .

The Wichita State case began after a student reported that classmate John W. Bannon frequently carried a gun, claimed to be with Homeland Security, interrogated other students and used drugs, according to court documents. University officers confronted Bannon in 2013. He denied he was armed, but a search found he was carrying a handgun with 15 rounds of ammunition, court documents show.

The former student was later jailed for the gun charge and for making a criminal threat against an officer about a year later. Bannon's lawyer tried to reduce his sentence in 2015 after the state passed a law making it legal for gun owners to carry concealed weapons without a permit. The lawyer's request was rejected.

Bannon would have probably violated the current concealed-carry law when he was arrested because he had a misdemeanor conviction for domestic battery, said Democratic Rep. John Carmichael of Wichita, a lawyer and opponent of campus carry. But under current law, police wouldn't have been allowed to investigate whether Bannon had a weapon in the first place unless they had reason to suspect him of another crime.

"Whether it's at our universities, or whether it's anywhere else in public on the streets or otherwise, law enforcement officers have no way to know whether someone carrying a firearm, concealed or unconcealed, is in fact someone (who's) disqualified from carrying a firearm because of prior convictions," Carmichael said. "At some point, we are going to have a tragedy arise because of that."

Republican Rep. John Whitmer, who supports campus carry, said he'd be willing to help change the law to separate law-abiding gun owners from illegal gun carriers.

Comments

Dorothy Hoyt-Reed 4 months, 1 week ago

Ohh, NRA is going to come after Whitmer now.

Bob Smith 4 months, 1 week ago

The NRA is not in favor of people illegally owning/carrying firearms. Go peddle your papers elsewhere.

Dorothy Hoyt-Reed 4 months, 1 week ago

But then why did our NRA friendly legislators write this law? "Under the current law, police can't question someone carrying a firearm unless they suspect that person has committed another crime."

P Allen Macfarlane 4 months, 1 week ago

Require every gun owner to have a permit. Those without a permit are breaking the law.

Bob Summers 4 months, 1 week ago

Ban all people testing positive for the Liberal gene from purchasing firearms.

Save the lives of the children.

Pete Kennamore 4 months, 1 week ago

Right you are and make sure anyone exercising free speech has a permit and those wishing to vote have their permits. We've got to permit all those pesky Bill of Rights.

David Reber 4 months, 1 week ago

Darn pesky loophole, hiding itself under the pseudonym of "4th amendment". Just think how many drunk driving deaths we could prevent if police didn't need a reason to pull drivers over and check for sobriety.....

Brock Masters 4 months, 1 week ago

I was going to reply but read yours and you nailed it. Nothing more to say.

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