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  1. #1
    AR15_KS is offline Junior Member
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    Question Understanding Open Carry Kansas

    Hello everyone,

    I have a few questions about open carry that I hope some folks can help me with.

    I am 18 years of age and a avid long rifle shooter, lately I've been looking more and more into handgun shooting. Again I am 18 years old and to my understanding under Kansas Law you have to be 21 or older to get a carry conseal license. I didn't find much on open carry.

    I am wanting to open carry when I am driving but mostly while hunting and the staging area where my rifle may not be close, wild animal attack etc...

    Is there anyone that can help me on this issue, my father has a Sig P229 that he would give me but I am trying to find out further information since I am not 21.

    So bottom line, in Wichita, KS at age 18 can I open carry. and of course follow local handgun laws and forbidden areas.

    Thanks,
    PS: I wasn't sure where to post this, feel free mods or admin to move to another category.

  2. #2
    VAMarine's Avatar
    VAMarine is online now Administrator
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    Kansas Open Carry info at a glance,of particular note is the following:

    Open Car Carry Firearms may be openly carried in cars without any license except where localities have made open carry illegal; however, concealed handgun permits accepted by KS make the holder exempt from all local open carry bans.

  3. #3
    kg333's Avatar
    kg333 is offline Member
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    First off, an internet forum is a poor place to search for legal advice, as almost every poster here will certainly tell you. For legal advice it is always best to contact your local sheriff, the state attorney's office, or a lawyer.

    That said, according to 21-4204a on the Kansas state webpage, you should be in the clear while hunting:
    Criminal possession of firearm by a juvenile. (a) Criminal possession of a firearm by a juvenile is knowingly possessing a firearm with a barrel less than 12 inches long by any person less than 18 years of age.
    (b) Criminal possession of a firearm by a juvenile is a class A nonperson misdemeanor. A second or subsequent violation is a severity level 8, nonperson felony.
    (c) It shall be a defense to a prosecution of criminal possession of a firearm by a juvenile if such person less than 18 years of age was:
    (4) hunting or trapping pursuant to a valid license issued to such person pursuant to article 9 of chapter 32 of the Kansas Statutes Annotated and amendments thereto;
    However, it would appear open carry in your vehicle is not an option in the state of Kansas, regardless of age. The two links below detail the requirements on CCW holders and the consequences you might face if you possess a readily accessible handgun in a vehicle otherwise.

    Laws Concerning Carrying Weapons in Vehicles in Kansas | eHow.com
    Man convicted of gun transport(KS)

    Overall, I think you seriously need to think through whether it's worth the social stigma and hassle of open-carrying. You'll find a few on these boards who are against the idea entirely, and considering you just turned 18, you may be getting into a can of worms here. IMO, I would strongly recommend against having a pistol in your vehicle at your age (other than cased and in the trunk), although carrying a pistol while hunting is probably a solid enough idea...I know hunters in my area who prefer to have one handy for coyotes.

    Trust me, I looked for the loopholes to carry too at 18. In the end, I decided it wasn't worth the trouble to me, and I waited until 21 when I could work on getting my CCW. You may want to consider that, too.

    KG

    EDIT: Beat to it by VAMarine...interestingly, the link up there says open carry in vehicles is ok. Any KS board members who know one way or the other?

  4. #4
    VAMarine's Avatar
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    KG333, please note
    Open Car Carry Firearms may be openly carried in cars without any license except where localities have made open carry illegal; however, concealed handgun permits accepted by KS make the holder exempt from all local open carry bans.
    The man in your article was in Topeka which has different restrictions than other localities which is why he got busted.

  5. #5
    AR15_KS is offline Junior Member
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    Thank you all for the information, I am going to call the local Police Station tomorrow and talk to them about it. If it is to much trouble I will not mess with it.

    It is really not a big deal but would be nice for driving and hunting if allowed.

  6. #6
    kg333's Avatar
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    Quote Originally Posted by VAMarine View Post
    KG333, please note

    The man in your article was in Topeka which has different restrictions than other localities which is why he got busted.
    Ah ok, from the requirement to be "within reach" if carrying concealed, I figured open carry was out, since Ohio has something similar (no open carry in vehicle, concealed has to be on one's person). Good to know.

    KG

  7. #7
    VAMarine's Avatar
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    Quote Originally Posted by AR15_KS View Post
    Thank you all for the information, I am going to call the local Police Station tomorrow and talk to them about it. If it is to much trouble I will not mess with it.

    It is really not a big deal but would be nice for driving and hunting if allowed.
    Don't ask officers specifically about it, you never know which officer knows anything about carry laws. Some know it very well, others not so much and some can just be flat out jerks about carry (most are not). Go into the station or city hall and ask for the most recent copy of local ordinances. Don't mention carry, just get the laws and go, that way you get what the ordinances are, not someones opinion on what the ordinances ares.

  8. #8
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    Best to stick with a local lawyer for legal advice.

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