LPKS Challenges Open Carry Firearm Ban


February 13,2012


The Libertarian Party of Kansas will immediately challenge the unconstitutional ban on
the open carry of firearms in all counties and cities in Kansas that completely ban the
practice by law-abiding citizens on property open to the public. This challenge has begun
with Wyandotte County Unified Government, Kansas City and Overland Park, Kansas.

With the passage of the constitutional amendment to the Kansas Bill of Rights in 2010,
every person who is a resident of Kansas has an unquestionable right to bear arms. The
Kansas constitution states – ‘A person has the right to keep and bear arms for the
defense of self, family, home and state, for lawful hunting and recreational use, and
for any other lawful purpose’.
In addition to the amendment, Kansas open carry law 12-
16, 124 is clear that counties and cities may regulate open carry but not institute a
complete ban.

In support of this position, Johnson County Sheriff Frank Denning has recently made
public that he will not enforce the open carry bans in Johnson County as Overland Park
has, but would take each situation on a case-by-case bases until the laws are updated. In
December 2011 , Kansas Attorney General Derek Schmidt gave an opinion (201 1-024) on
the city of Wichita’s weapons ordinance. In Attorney General Schmidt’s opinion, “A city
may not completely prohibit the open carry of a loaded firearm on one’s person,
or in the immediate control of a person, while on property open to the public.”

It is inherently clear that Kansas is an open carry state and those counties and cities
cannot completely ban the open carry of firearms and that all law abiding citizens in
Kansas have the right to bear anns by open carry.

The Libertarian Party openly and activity fights daily for individual rights/liberties of the
citizens of Kansas. The legal right to personal security of life and property at all times are

Al Terwelp
State Chairman
785-665-7 58t

Earl Mclntosh
Second Amendment Coordinator

The Libertarian Party of Kansas
Individual Liberty, Personal Responsibility
P.O. Box 2456
Wichita, KS 67201
l -800-33 5-177 6

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