Contact: Patricia Stoneking

February 24, 2012                                                                                                                 913-608-1910


(Bonner Springs, KS) – The Libertarian Party of Kansas recently issued a challenge to “the unconstitutional ban on the open carry of firearms in all cities and counties in Kansas”. A more specific challenge was issued to the Wyandotte County Unified Government, Kansas City and Overland Park, Kansas. The Kansas State Rifle Association supports and applauds this challenge.

This action comes on the heels of two opinions regarding open carry of firearms issued by Attorney General Derek Schmidt as well as the passage of an amendment to Article IV of the Kansas Constitution. We believe that the opinions issued by Attorney General Derek Schmidt clearly give the implication that cities and counties cannot regulate unloaded firearms in any way and that these individual municipalities may not prohibit open carry. Refer to Attorney General Opinion numbers 2011-024 and 2011-006.

Further, Kansas State law does not prohibit the open carry of firearms. We believe under Kansas Statute K.S.A. 12-16,124 that the only decision left to individual jurisdictions is the regulation of openly carrying a loaded firearm on one’s person and that additionally any home rule ordinance regarding this does not apply to anyone with a concealed carry license.

Article 4 of the Kansas Constitution reads, “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.” An overwhelming 89% of the voters in Kansas saw to the passage of this language, showing that the citizens of Kansas insist that their inalienable, natural, constitutional rights be supported at all levels of government.

The Kansas State Rifle Association stands in strong support of the effort to inform and challenge all municipalities who have ordinances violating the rights of its members, as well as all citizens of Kansas, and ask that all jurisdictions review and correct their ordinances accordingly.

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