Kansas CCW Legal Opinion

[Robert J McElwain]

The following is part of the Kansas Bill of Rights. Could someone with a legal mind tell me if item #4 doesn't give Kansans the right to carry concealed without further legal changes? It looks to me that, at this point, we have the same rights as citizens in the State of Vermont.

Am I missing something?


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CONSTITUTION OF THE STATE OF KANSAS
(as amended to 1975)

PREAMBLE

We, the people of Kansas, grateful to Almighty God for our
civil and religious privileges, in order to insure the full
enjoyment of our rights as American citizens, do ordain and
establish this constitution of the state of Kansas, with the
following boundaries, to wit: Beginning at a point on the
western boundary of the state of Missouri, where the thirty-
seventh parallel of north latitude crosses the same; thence
running west on said parallel to the twenty-fifth meridian
of longitude west from Washington; thence north on said meridian to the fortieth parallel of north latitude; thence east on said parallel to the western boundary of the state of Missouri; thence south with the western boundary of said state to the place of beginning.

BILL OF RIGHTS

Sec. 1. All men are possessed of equal and inalienable natural rights, among which are life, liberty, and the pursuit of happiness.

Sec. 2. All political power is inherent in the people, and all free governments are founded on their authority, and are instituted for their equal protection and benefit. No special privileges or immunities shall ever be granted by the legislature, which may not be altered, revoked or repealed by the same body; and this power shall be exercised by no other tribunal or agency.

Sec. 3. The people have the right to assemble, in a peaceable manner, to consult for their common good, to instruct their representatives, and to petition the government, or any department thereof, for the redress of grievances.

Sec. 4. The people have the right to bear arms for their defense and security; but standing armies, in time of peace, are dangerous to liberty, and shall not be tolerated, and the military shall be in strict subordination to the civil power.
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Bob
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Robert J. McElwain

 

[mvpel]

You're missing the fact that the police will often do what they want, regardless of the law or constitution, and that judges will bend like willows to interpret the law and constitution to fit their personal points of view.

The general gist of concealed carry bans is based on the prevailing cultural attitudes of 100 years ago, where concealing a firearm was considered the hallmark of a criminal or thug.

Theoretically open carry is legal based on Packing.org's information, and you have preemption as of a few months ago, so perhaps it's time for Kansans to take a visible stand for the right to armed self-defense like they did in Ohio.