On Your Own Property. - Page 3

Sportsterguy · October 27th, 2009, 09:24 PM

I prefer to keep a low profile. When I'm at my cabin in Ohio in the summer in the sticks I open carry as my nearest neighbor is 3 miles away.

When I'm in the suburbs of NC I CC as I don't want to advertise I have a gun/guns in the house and don't want to worry about the word getting to the wrong people, though they will have to get past an alarm system, 2 large dogs, a safe and me to steal them.

tex45acp · October 28th, 2009, 04:43 PM

And all this is exactly why I still choose to conceal my firearm. I do not open carry and if Texas goes to OC only will probably end up going to jail for breaking the law. I do not want anyone to know I am carrying unless I want them to.

nn · October 28th, 2009, 06:19 PM

Quote:

Originally Posted by kspilot536

Here in Wichita they have an ordinance that there will be NO open carry,the state though allows OC.
But what im getting at is the ordinance I think says that there shall be no OC in public ..my land is NOT public..is it?

If it is in the city limits, I suggest talking to the police chief, there was that Wis guy that got arrested for what you propose. I think he won; but, probably paid a lawyer a bundle.

Vtxdpm · October 28th, 2009, 09:03 PM

Reminds me of this case not too long ago:

(clipped from: Boots and Sabers - The blogging will continue until morale improves... )

On August 22, Brad Krause was planting trees in his yard, at least until police stormed his residence and arrested him. It turns out they received a call from a man who said he didn’t appreciate that Brad carried a gun, and wanted something done about it.

The West Allis police department sent two squads to investigate, and found Brad in his yard, minding his own business planting trees. From behind him, police rushed him, yelling, “Don’t move!” while bearing down on him with their weapons drawn.

They shortly discovered Brad had no criminal record and was lawfully openly carrying on his own property, but instead of releasing him and returning his weapon, they tried to figure out how to arrest him. A call to the supervising lieutenant provided the answer: claim his action of carrying a weapon is disorderly conduct, and haul him down to the station. His firearm was taken away from him without a receipt, and it has not been returned. The police have effectively banned his exercise of his right by disarming him.

The fact is that Wis. Stat. § 941.23 does not ban or prohibit the lawful carrying of firearms by citizens. By enacting the law, the legislature intended to force citizens to openly carry their firearms while in public, which is what Mr. Krause was lawfully doing (additionally, he was on his own property).

Mr. Krause is self employed as a property manager and this action by the City of West Allis has cost him long term business relationships. The police had him standing in handcuffs on his own property for 45 minutes with squad cars parked in front of his residence while they tried to figure out a way to arrest him. Fortunately, Mr. Krause had taken a friends advice and he had a voice recorder with him and the entire incident was recorded and it has been transcribed.

Eagleks · October 29th, 2009, 01:08 AM

Quote:

Originally Posted by kspilot536

Does OC pertain to carrying on you're own property,like going to the mailbox..playing with the dog in the backyard,mowing the grass?
In other words is it legal to carry on you're own property outside NO matter what.
Im refering to OC carry on the hip.

YES, from a fellow Kansan. It's legal in Kansas anyway, as long as you are on your own property. Watch out , the mail box might not be considered on your property if it's adjacent to the roadway. If you are in Wichita, plan on the Police being called anyway.... and you may want to have a copy of the law allowing it in your pocket.

Eagleks · October 29th, 2009, 01:13 AM

Quote:

Originally Posted by kspilot536

Here in Wichita they have an ordinance that there will be NO open carry,the state though allows OC.
But what im getting at is the ordinance I think says that there shall be no OC in public ..my land is NOT public..is it?

Do you have a CC license ? If so, you might want to reread the Wichita laws, and the changes they made to comply with the conceal carry laws ..... you are referring to the 'old' laws. Also, reread the section on Ks State conceal carry laws, they added a clause in HB2528 , so that a CC person could not be arrested for open carry... IF they were taking their gun out to put it in their car, while in their car, etc. ..... in other words, while they are disarming or rearming .... because they may be going into an establishment with an AG approved sign for Not Allowing CC . It does not allow "open carry" in general though.

Go to www.KSCCW.com and ask your question, you will instantly get the exact laws, new wording, with links and all.

rmodel65 · October 29th, 2009, 02:30 AM

While Kansas is an open carry state, they have incomplete preemption on open carry. This means that there are some local ordinances that could constitute a nightmare for the law abiding citizen, except for concealed handgun permit holders when inside vehicles.

so you just need to check your cities codes for OC legalities...

coffeecup · October 29th, 2009, 10:24 AM

Move to Ky. Open carry is legal anywhere conceled carry is permissable.

kspilot536 · October 29th, 2009, 02:51 PM

You can carry your weapon on your own property. Any discharges of the weapon would be in violation of City Ordinances but you can carry a weapon on your own property.
Chief Bill Edwards
any questions feel free to call
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X
This is an email from our Chief about open carry in my town.
So my question has been answered..thanks to all that commented!

futinshool · October 29th, 2009, 04:44 PM

Open carry is legal in Utah, whether you are on your own property or not. Even so, that doesn't stop LEOs from hassling people, but I haven't heard of arrests like the person planting trees on his own property.

I have occasionally OCed on my property, and even shot, but prefer to CC.

October 27th, 2009, 09:24 PM	#21
Sportsterguy Senior Member Join Date: May 2007 Location: On the River Posts: 980	I prefer to keep a low profile. When I'm at my cabin in Ohio in the summer in the sticks I open carry as my nearest neighbor is 3 miles away. When I'm in the suburbs of NC I CC as I don't want to advertise I have a gun/guns in the house and don't want to worry about the word getting to the wrong people, though they will have to get past an alarm system, 2 large dogs, a safe and me to steal them. __________________ Sportsterguy Molon Labe! Join the NRA today, or don't complain when your guns are taken away!

October 28th, 2009, 04:43 PM	#22
tex45acp Senior Member Join Date: Dec 2004 Location: The Great State of Texas Posts: 626	And all this is exactly why I still choose to conceal my firearm. I do not open carry and if Texas goes to OC only will probably end up going to jail for breaking the law. I do not want anyone to know I am carrying unless I want them to. __________________ The only thing needed for evil to exist is for good men to stand by and do nothing!!!

October 29th, 2009, 02:30 AM	#27
rmodel65 Member Join Date: May 2008 Location: brunswick Posts: 477	While Kansas is an open carry state, they have incomplete preemption on open carry. This means that there are some local ordinances that could constitute a nightmare for the law abiding citizen, except for concealed handgun permit holders when inside vehicles. so you just need to check your cities codes for OC legalities... __________________ S&W M&P40 Kel-tec p11 CZ-52 www.georgiacarry.org member

October 29th, 2009, 02:51 PM	#29
kspilot536 Member Join Date: Aug 2009 Location: Wichita,Kansas Posts: 71	I got an answer. You can carry your weapon on your own property. Any discharges of the weapon would be in violation of City Ordinances but you can carry a weapon on your own property. Chief Bill Edwards any questions feel free to call XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X This is an email from our Chief about open carry in my town. So my question has been answered..thanks to all that commented!

October 29th, 2009, 04:44 PM	#30
futinshool Member Join Date: Feb 2009 Location: Utah Posts: 82	Open carry is legal in Utah, whether you are on your own property or not. Even so, that doesn't stop LEOs from hassling people, but I haven't heard of arrests like the person planting trees on his own property. I have occasionally OCed on my property, and even shot, but prefer to CC. __________________ I'll give up my handgun when I can shoot laser beams from my eyes. Attn: Obama - America does not need to be remade! The Marine Corps – When It Absolutely, Positively Has To Be Destroyed Overnight

October 28th, 2009, 09:03 PM	#24
Vtxdpm Member Join Date: May 2007 Location: SC Posts: 109	Reminds me of this case not too long ago: (clipped from: Boots and Sabers - The blogging will continue until morale improves... ) On August 22, Brad Krause was planting trees in his yard, at least until police stormed his residence and arrested him. It turns out they received a call from a man who said he didn’t appreciate that Brad carried a gun, and wanted something done about it. The West Allis police department sent two squads to investigate, and found Brad in his yard, minding his own business planting trees. From behind him, police rushed him, yelling, “Don’t move!” while bearing down on him with their weapons drawn. They shortly discovered Brad had no criminal record and was lawfully openly carrying on his own property, but instead of releasing him and returning his weapon, they tried to figure out how to arrest him. A call to the supervising lieutenant provided the answer: claim his action of carrying a weapon is disorderly conduct, and haul him down to the station. His firearm was taken away from him without a receipt, and it has not been returned. The police have effectively banned his exercise of his right by disarming him. The fact is that Wis. Stat. § 941.23 does not ban or prohibit the lawful carrying of firearms by citizens. By enacting the law, the legislature intended to force citizens to openly carry their firearms while in public, which is what Mr. Krause was lawfully doing (additionally, he was on his own property). Mr. Krause is self employed as a property manager and this action by the City of West Allis has cost him long term business relationships. The police had him standing in handcuffs on his own property for 45 minutes with squad cars parked in front of his residence while they tried to figure out a way to arrest him. Fortunately, Mr. Krause had taken a friends advice and he had a voice recorder with him and the entire incident was recorded and it has been transcribed.

October 29th, 2009, 10:24 AM	#28
coffeecup Senior Member Join Date: Sep 2007 Location: Cadiz,Ky Posts: 780	Move to Ky. Open carry is legal anywhere conceled carry is permissable.

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