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Kansas override Governor's veto
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APD
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Post subject: Kansas override Governor's veto Posted: Thu Mar 23, 2006 1:55 pm |
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Journeyman Member |
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Joined: Sat Nov 19, 2005 3:31 pm Posts: 73 Location: Minnetrista
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OVERLAND PARK, March 23 — Kansas lawmakers Thursday overrode a veto by Gov. Kathleen Sebelius, making Kansas the 47th U.S. state to allow people to carry concealed handguns in public. The Republican-controlled state House voted 91 to 33 to enact the law, which Sebelius, a Democrat, said would make Kansas businesses less safe and hinder crime-prevention efforts. She said he had issued her veto at the urging of law enforcement.
The state Senate, also under Republican control, earlier voted 30-10 to override the veto.
The law allows Kansas residents over 21 years old to carry hidden guns into a variety of public places, although concealed weapons would be banned in schools, bars, courtrooms, churches and some other locations. To receive a permit, gun owners would have to pass a background check and receive weapons training.
Forty-six other states, including neighboring Missouri, also allow people to carry concealed guns. Nebraska, Wisconsin and Illinois do not, according to the National Rifle Association.
NRA chief lobbyist Chris Cox applauded the move in Kansas, saying the NRA had been pushing for the law there for at least a decade. He said Kansans would now be safer because they could defend themselves against criminals.
''When a crime occurs the only people there are the victim and the perpetrator,'' Cox said. ''The states that have passed right-to-carry laws have lower crime rates than the states that do not.''
Copyright 2006 Reuters Limited. All rights reserved. Republication or redistribution of Reuters content is expressly prohibited without the prior written consent of Reuters.
_________________ It's not the size of the dog in the fight, it's the size of the fight in the dog. --- Mark Twain
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matt160
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Post subject: Posted: Thu Mar 23, 2006 2:03 pm |
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Longtime Regular |
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Joined: Sun Aug 07, 2005 8:18 am Posts: 1086 Location: Anoka, MN
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Good work Kansas!
_________________ "Criminals thrive on the indulgence of society's understanding."
"A fear of weapons is a sign of retarded sexual and emotional maturity." - Sigmund Freud
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Andrew Rothman
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Post subject: Posted: Thu Mar 23, 2006 3:27 pm |
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Longtime Regular |
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Joined: Sun Aug 07, 2005 10:24 am Posts: 6767 Location: Twin Cities
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And here are the highlights:
http://www.kslegislature.org/legsrv-bil ... o?id=66279
Quote: ...valid throughout the state for a period of four years from the date of issuance.
A valid license, issued by any other state or the District of Columbia, to carry concealed weapons shall be recognized as valid in this state, but only while the holder is not a resident of Kansas, if the attorney general determines that standards for issuance of such license or permit by such state or district are equal to or greater than the standards imposed by this act. The attorney general shall maintain and publish a list of such states and district which the attorney general determines have standards equal to or greater than the standards imposed by this act.
The provisions of this subsection shall take effect and be in force from and after January 1, 2007.
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The attorney general shall adopt rules and regulations estab- lishing procedures and standards as authorized by this act for an eight- hour weapons safety and training course required by this section. Such standards shall include: (A) A requirement that trainees receive training in the safe storage of weapons, actual firing of weapons and instruction in the laws of this state governing the carrying of a concealed weapon and the use of deadly force; (B) general guidelines for courses which are compatible with the industry standard for basic firearms training for ci- vilians; (C) qualifications of instructors; and (D) a requirement that the course be: (i) A weapons course certified or sponsored by the attorney general; or (ii) a weapons course certified or sponsored by the national rifle association or by a law enforcement agency, college, private or public institution or organization or weapons training school, if the attorney gen- eral determines that such course meets or exceeds the standards required by rules and regulations adopted by the attorney general and is taught by instructors certified by the attorney general or by the national rifle asso- ciation, if the attorney general determines that the requirements for cer- tification of instructors by such association meet or exceed the standards required by rules and regulations adopted by the attorney general.
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except as provided by subsection (f), a nonrefundable license fee not to exceed $150,
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a full frontal view photograph of the applicant taken within the preceding 30 days.
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...the full set of fingerprints of the applicant to be taken and forwarded to the attorney general for purposes of a criminal history records check as provided by subsection
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Within 180 days after the date of receipt of the items listed in subsection (b), for applications received before July 1, 2007, and within 90 days after the date of receipt of the items listed in subsection (b), for applications received on or after July 1, 2007, the attorney general shall: (1) Issue the license; or deny the application based solely on: (A) The report submitted by the sheriff under subsection (c)(2) for good cause shown therein; or (B) the ground that the applicant fails to qualify under the criteria listed in section 4...
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The licensee shall renew the license on or before the expiration date... ...full frontal view photograph of the applicant taken within the preceding 30 days and a nonrefundable license renewal fee not to exceed $100.
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(a) No license issued pursuant to this act shall authorize the licensee to carry a concealed weapon into:
(1) Any place where an activity declared a common nuisance by K.S.A. 22-3901, and amendments thereto, is maintained; (2) any police, sheriff or highway patrol station; (3) any detention facility, prison or jail; (4) any courthouse; (5) any courtroom, except that nothing in this section would preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in the judge’s courtroom; (6) any polling place on the day an election is held; (7) any meeting of the governing body of a county, city or other po- litical or taxing subdivision of the state, or any committee or subcommit- tee thereof; (8) on the state fairgrounds; (9) or any state office building; (10) any athletic event not related to or involving firearms which is sponsored by a private or public elementary or secondary school or any private or public institution of postsecondary education; (11) any professional athletic event not related to or involving firearms; (12) any portion of a drinking establishment as defined by K.S.A. 41- 2601, and amendments thereto, except that this provision shall not apply to a restaurant as defined by K.S.A. 41-2601, and amendments thereto; (13) any elementary or secondary school building or structure used for student instruction or attendance; (14) any community college, college or university facility; (15) any place where the carrying of firearms is prohibited by federal or state law; (16) any child exchange and visitation center provided for in K.S.A. 75-720, and amendments thereto; (17) any community mental health center organized pursuant to K.S.A. 19-4001 et seq., and amendments thereto; mental health clinic organized pursuant to K.S.A. 65-211 et seq., and amendments thereto; psychiatric hospital licensed under K.S.A. 75-3307b, and amendments thereto; or state psychiatric hospital, as follows: Larned state hospital, Osawatomie state hospital or Rainbow mental health facility; or (18) any city hall; (19) any public library operated by the state or by a political subdivision of the state; (20) any day care home or group day care home, as defined in Kansas administrative regulation 28-4-113, or any preschool or childcare center, as defined in Kansas administrative regulation 28-4-420; or (21) any church or temple.
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any entity owning or operating business premises open to the public from restricting or prohibiting in any manner persons licensed under this act from carrying a concealed weapon while on such premises, provided that the premises are posted, in a manner reasonably likely to come to the attention of persons entering the premises, as premises where carrying a concealed weapon is prohibited; or (3) a property owner from restricting or prohibiting in any manner persons licensed under this act from carrying a concealed weapon while on such property, provided that the premises are posted, in a manner reasonably likely to come to the attention of persons entering the property where carrying a concealed weapon is prohibited. (b) Violation of this section Carrying a concealed weapon on premises in violation of any restriction or prohibition allowed by subsection (a), or in violation of any restriction or prohibition al- lowed by subsection (b) or (c) if the premises are posted as required by such subsection, is a class B misdemeanor.
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It is a class A nonperson misdemeanor for a person licensed pursuant to this act to carry a concealed weapon while under the influence of alcohol or drugs, or both
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The legislature finds as a matter of public policy and fact that it is necessary to provide statewide uniform standards for issuing licenses to carry concealed weapons for self-defense and finds it necessary to occupy the field of regulation of the bearing of concealed weapons for self-defense to ensure that no honest, law-abiding person who qualifies under the provisions of this act is subjectively or arbitrarily denied the person’s rights. Any city ordinance or county resolution that regulates, restricts or prohibits the carrying of concealed weapons shall not be applicable to any person licensed in accordance with the provisions of this act. (b) The legislature does not delegate to the attorney general the au- thority to regulate or restrict the issuing of licenses provided for in this act, beyond those provisions of this act pertaining to licensing and train- ing. Subjective or arbitrary actions or rules and regulations which encum- ber the issuing process by placing burdens on the applicant beyond those sworn statements and specified documents detailed in this act or which create restrictions beyond those specified in this act are in conflict with the intent of this act and are prohibited.
(c) This act shall be liberally construed. This act is supplemental and additional to existing constitutional rights to bear arms and nothing in this act shall impair or diminish such rights.
New Sec. 18. If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect with- out the invalid provision or application. To this end the provisions of this act are severable.
_________________ * NRA, UT, MADFI certified Minnesota Permit to Carry instructor, and one of 66,513 law-abiding permit holders. Read my blog.
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DeanC
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Post subject: Posted: Thu Mar 23, 2006 3:38 pm |
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Longtime Regular |
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Joined: Thu Mar 09, 2006 9:54 am Posts: 5270 Location: Minneapolis
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Whew. Glad I don't have to remember a list like that of places where I'm not allowed to defend myself.
Major irony that you can't carry your personal protection with you when you go to exercise your right to vote.
Of course, we can't do that here when we vote on school referenda on off-year ballots.
_________________ I am defending myself... in favor of that!
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AGoodDay
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Post subject: Posted: Thu Mar 23, 2006 4:00 pm |
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Joined: Fri Dec 30, 2005 1:06 pm Posts: 666 Location: St Cloud
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Wow. The list of where you CAN carry would have been a lot easier to write.
Oh well. It's something.
_________________ Try not. Do or do not, but do not try. - Yoda
Never give up. Never, never, never. - Churchill
Stand on the shoulders of your giant.
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Andrew Rothman
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Post subject: Posted: Thu Mar 23, 2006 4:58 pm |
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Longtime Regular |
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Joined: Sun Aug 07, 2005 10:24 am Posts: 6767 Location: Twin Cities
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AGoodDay wrote: Wow. The list of where you CAN carry would have been a lot easier to write.
Oh well. It's something.
It's expensive, onerous, bureuocratized, arbitrary and limited -- and WAY better than what they had before.
When I think about it, I am amazed that our law was so damn good the first time.
Thanks, Joe.
_________________ * NRA, UT, MADFI certified Minnesota Permit to Carry instructor, and one of 66,513 law-abiding permit holders. Read my blog.
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jdege
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Post subject: Posted: Thu Mar 23, 2006 5:24 pm |
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Longtime Regular |
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Joined: Thu Aug 25, 2005 7:23 pm Posts: 1419 Location: SE MPLS
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Srigs
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Post subject: Posted: Thu Mar 23, 2006 7:33 pm |
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Longtime Regular |
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Joined: Fri Aug 26, 2005 5:40 am Posts: 3752 Location: East Suburbs
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My wife and I can now go armed to the World Paint Horse Congress from now on in Wichita!!!
_________________ Srigs
Side Guard Holsters
"If everyone is thinking alike, then somebody isn't thinking" - George S. Patton
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mostlylurkin
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Post subject: Posted: Thu Mar 23, 2006 9:31 pm |
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Joined: Mon Aug 08, 2005 10:54 pm Posts: 86
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Is there anything about non-resident permits?
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jdege
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Post subject: Posted: Thu Mar 23, 2006 10:46 pm |
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Longtime Regular |
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Joined: Thu Aug 25, 2005 7:23 pm Posts: 1419 Location: SE MPLS
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I just did a quick browse, and I didn't see anything.
There is language about recognizing out-state permits - the AG will publish a list of states that have permitting systems that are as or more strict.
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bab
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Post subject: Posted: Fri Mar 24, 2006 12:08 pm |
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Joined: Tue Aug 09, 2005 4:48 pm Posts: 358
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BTK... meet CCW....BANG
Way to go Kansas.
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Andrew Rothman
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Post subject: Posted: Fri Mar 24, 2006 3:45 pm |
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Longtime Regular |
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Joined: Sun Aug 07, 2005 10:24 am Posts: 6767 Location: Twin Cities
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jdege wrote: I just did a quick browse, and I didn't see anything.
There is language about recognizing out-state permits - the AG will publish a list of states that have permitting systems that are as or more strict. Nope. Quote: the attorney general shall issue a license pursuant to this act if the applicant: (1) Is a resident of the county where application for licensure is made and has been a resident of the state for six months or more immediately preceding the filing of the application;
_________________ * NRA, UT, MADFI certified Minnesota Permit to Carry instructor, and one of 66,513 law-abiding permit holders. Read my blog.
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jdege
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Post subject: Posted: Fri Mar 24, 2006 5:11 pm |
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Longtime Regular |
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Joined: Thu Aug 25, 2005 7:23 pm Posts: 1419 Location: SE MPLS
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Andrew Rothman wrote: Nope. Quote: the attorney general shall issue a license pursuant to this act if the applicant: (1) Is a resident of the county where application for licensure is made and has been a resident of the state for six months or more immediately preceding the filing of the application;
I saw that. But given the bent way legislation is written, there could have been another provision, somewhere else, that created an exception to that for non-residents.
I did a quick browse looking for such an exception and didn't find one. I was not willing, though, to absolutely guarantee its lack. I've missed things on a first read on several occassions.
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[ 13 posts ] |
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