Tony Rizzo in the KC Star, December 21:
Lawsuits were filed Friday against two Johnson County cities and the Unified Government of Wyandotte County and Kansas City, Kan., alleging they are violating citizens’ constitutional rights by banning the open carry of firearms.
The Libertarian Party of Kansas filed suits against Prairie Village, Leawood and the Unified Government, seeking injunctions to prevent them from enforcing their bans.
“The denial of inherent truth will not stand!” party officials said in a written statement Friday. “Our efforts will continue until all law-abiding citizens in Kansas have freedom from persecution to exercise their Second Amendment rights to bear arms by open carry.”
Only four local governments in Kansas ban the open carry of firearms in public, according to Libertarian Party officials.
The party said it did not sue the fourth city, Lenexa, because city officials recently notified them that they would “like to discuss a path toward compromise,” according to a written statement. Lenexa city officials were not available for comment Friday afternoon.
Read more here.
I don’t have to imagine, I went to high school in New York during the 1980s 😀
P18, yes, imagine a public orgy outside a school with bureaucrats with mops standing by at the ready.
Government employees? Seems fitting 😛
13 sc, yes, I love your honesty and consistency. If public consentual sex is a right, then public machine gun toting probably is, too.
And, yes, abolition of public property WOULD solve a lot problems pertaining to these sorts of complex property rights questions.
My assessment is that publicly advocating the right to engage in public sex acts is a sure way to insure non-election and generalized alienation/revulsion by the general public. Practical people might ask: who will clean up the fluids left behind? 😉
See Starchild above.
P 12, yes, the KS constitution may well allow toting anywhere in KS by KSans, as I read you cite. I was referring only to 2A, which doesn’t.
Have you a different interpretation?
“No Difference” @9 – I hear you saying that you should not be subject to gun-toting government agents using their weapons against you for any reason at all.
In a statist society like the one we live in, that is a very refreshing sentiment which I strongly appreciate, even if I think there are a few circumstances under which such use might be acceptable (scenarios in which were committing or had committed aggression yourself).
Robert @11 – The main purpose of having “public” land, or commons, is so that people can have a place where they are guaranteed to be able to exercise basic civil rights such as free speech and the right to keep and bear arms without being subject to the whims of property owners.
If the public commons were to become just another place subject to the whims of its owners — i.e. the voters, and the politicians through whom their desires are very imperfectly filtered — then they would cease to serve much purpose and might as well be eliminated in favor of just making everything into private property.
In other words, no, “the public” doesn’t have the right to tell you that you can’t carry a gun, peacefully practice your religion, say hateful and annoying things, go nude, do drugs, or have consensual sex in public. Et cetera. To the extent a community wants to discourage such behaviors, it needs to find less violent and aggressive means than the law of accomplishing this.
@9 Fifth Amendment of the US Constitution …nor be deprived of life, liberty, or property, without due process of law… It’s a basic element of common law, libertarian philosophy and pretty much any state or national system of jurisprudence.
@11 see @2 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.
DT 7, OK, thanks. The words “right,” “arms” and “bear” are not as clear as you suggest.
For ex., do you maintain that you have a “right” to go on someone ELSE’s property toting? Do you have a right, for instance, to open carry a machine gun onto your neighbor’s property if your neighbor has forbade you from doing so?
Most Ls I know would say “No, you don’t.” If that’s the case, then, it then become a question of what the public agrees is carry-able on ITS property.
I think the party as an entity might have a standing issue here.
I will support the right to carry arms, knives, nunchucks, hand grenades, and even fully automatic weapons if … if …
you will support my right to not have them used against me for any reason at all. Since I do not carry, I should not be subject to the actions of those who do.
I don’t see that right enumerated anywhere, or at least I have never heard anyone or any court utter that right.
Seems like it should be an open and shut case.
Robert Capozzi (1)
> Where does the Constitution say there’s a > right to open carry on public property?
The Constitution CLEARLY says: A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, SHALL NOT BE INFRINGED.
Where does it say “on private property”? Where does it say “except on public property”? Where does it say, “except on Sunday”?
It says “shall not be infringed” PERIOD!
What is it about this sentence that you DON’T,
or refuse, to understand?
Please answer my question without deflecting!!!
The press release indicates it is an official state party action.
I imagine one could find out by contacting the attorney who filed the suit.
http://www.yellowpages.com/topeka-ks/attorneys-lucas-thompson
State party, as I understand it.
This one seems pretty straightforward from the legal perspective, but is the plaintiff the LPKS or members of it?
Looking forward to seeing them prevail.
Here’s the press release:
FOR IMMEDIATE RELEASE
DECEMBER 21, 2012
REF: OPEN CARRY LAWSUITS PETITIONS FILED AGAINST UNIFIED GOVERNMENT OF KCK, LEAWOOD, and PRAIRIE VILLAGE.
In February, 2012, the Libertarian Party of Kansas began publicly challenging the unconstitutional bans of the open-carry of firearms in Overland Park, KCK, and other municipalities in Kansas. Some communities, like Overland Park, Gardner, and Wichita have already acted by amending their ordinances to comply with state and federal law. Some communities, like KCK, Leawood, and Prairie Village have indicated they have no intention of complying with the law unless they are forced to do so by the Courts.
Therefore, the LPKS has taken the step of requesting the Johnson and Wyandotte County Courts to review the ordinances, find them illegal and violative of fundamental constitutional rights, and force these communities to comply with state and federal law.
The LPKS has prepared a Petition against Lenexa, KS, as well, but has decided to hold off legal action because Lenexa has recently notified the LPKS that they would like to discuss a path toward compromise.
We believe our Petitions lay out our positions very well and we believe we have a compelling case, which will be successful in preventing governing bodies from illegally restricting fundamental liberties.
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.
This denial of inherent truth will not stand! Our efforts will continue until all law abiding citizens in Kansas have freedom from persecution to exercise their 2nd Amendment rights to bear arms 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 paramount.
CONTACTS:
Al Terwelp
State Chairman
[email protected]
785-665-7581
Earl McIntosh
Second Amendment Chair
[email protected]
785-213-1715
Where does the Constitution say there’s a right to open carry on public property? Where does it say that KS can’t regulate what’s carried where on its property?
(Please answer the questions without deflecting.)