Wyandotte county ordinance on open carry
Sec. 22-177 - Unlawful use of weapons.
(a)
Unlawful use of weapons is knowingly:
(1)
Selling, manufacturing, purchasing, carrying or possessing any bludgeon, sword, cane, loaded cane, sandclub, metal knuckles, any knife, commonly referred to as a switchblade, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife or any knife having a blade that opens or falls or is ejected into position by the force of gravity or by an outward, downward or centrifugal thrust or movement, a mailed fist, spiked knuckles, metal fist covers or any leather apparatus or device worn on the arms, legs, hands, feet and that contain metal spikes, studs or other metal attachments, sap gloves containing granulated metal or other ingredients designed to add weight to the gloves, or other dangerous or deadly weapon or instrument of like character.
(2)
Carrying or possessing on one's person or in any land, water or air vehicle a sword, dagger, dirk, billy, blackjack, slingshot, dangerous knife, straight-edge razor, a lockblade knife, belt or pocket pistol, fountain pistol or pen-like tear gas or powder charge projection weapon, stiletto or any other dangerous or deadly weapon or instrument of like character; provided, an ordinary pocket knife with a blade less than 3½ inches in length shall not be construed to be a dangerous knife or a deadly weapon or instrument.
(3)
Carrying or possessing on one's person or in any land, water or air vehicle, with intent to use the same unlawfully, a tear gas or smoke bomb or projector or any object containing a noxious liquid, gas or substance.
(4)
Carrying or possessing any pistol, revolver, shotgun, rifle or other firearm on the person except when on the person's land or in the person's own abode or fixed place of business or office.
(5)
Transporting any pistol, revolver, or other firearm which is not unloaded and encased in a container which completely enclosed the firearm.
(6)
Setting a spring gun.
(7)
Possessing or transporting any incendiary or explosive material, liquid, solid or mixture, equipped with a fuse, wick or any other detonating device, commonly known as a Molotov cocktail or a pipe bomb.
(8)
Carrying on one's person or in any land, air or water vehicle any martial arts weapon, including, but not limited to, a shuriken or throwing star, as defined in K.S.A. 21-4202 and amendments thereto, karate sticks, nunchaku, Chinese fighting sticks, throwing spikes, metal coverings for first or foot, or any other dangerous weapon or instrument of like character, except a student currently enrolled in a formal martial arts class or formal instructor of martial arts employed in a licensed martial arts studio or business while carrying with them their training uniform while going to or from their place of formal training.
(9)
Drawing, using, demonstrating, or threatening to draw, use or demonstrate any object in a hostile manner.
(10)
Carrying any object in any manner with the intent to go armed, except when on the person's own land or in the person's own abode, fixed place of business or office.
(11)
Discharging or firing any air rifle, pellet gun or BB gun within the city limits while on the streets, alleys or public places.
(12)
Discharging any gun, revolver, pistol, or firearm of any description within the city.
(13)
Possessing any firearm by a person who is both addicted to and an unlawful user of a controlled substance.
(14)
Possessing any firearm by any person, other than a law enforcement officer or clearly authorized security officer, in or on any school property or grounds upon which is located a building or structure used by a unified school district or an accredited nonpublic school for student instruction or attendance or extracurricular activities of pupils enrolled in kindergarten or any of the grades 1 through 12 or at any regularly scheduled school sponsored activity or event.
(b)
Subsections (a)(1)—(a)(4), (a)(8), (a)(9), and (a)(12) of this section shall not apply to or affect any of the following:
(1)
Law enforcement officers or any person summoned by any such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officers.
(2)
Wardens, superintendents, directors, security personnel and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crimes.
(3)
Members of the armed services or reserve forces of the United States or the state national guard while in the performance of their official duty.
(4)
Manufacture of, transportation to, or sale of weapons to persons authorized under subsections (b)(1)—(b)(3) of this section to possess such weapons.
(5)
Special deputy sheriffs, as described in K.S.A. 19-805a et seq., who have satisfactorily completed the basic course of instruction required for permanent appointment as a part-time law enforcement officer under K.S.A. 74-5607a and amendments thereto.
(6)
Unified government animal control officers while in the performance of their duties using tranquilizer dart guns on animals.
(7)
The United States attorney for the District of Kansas, the attorney general, any district attorney, county attorney, chief counsel of the unified government, any assistant United States attorney if authorized by the United States attorney for the District of Kansas, any assistant attorney general if authorized by the attorney general, or any assistant district attorney, assistant county attorney, or assistant unified government counsel if authorized by the district attorney, county attorney, or chief counsel of the unified government by whom such assistant is employed. The provisions of this paragraph shall not apply to any person not in compliance with K.S.A. 75-7c01: 7c17.
(c)
Subsections (a)(4) and (a)(9) of this section shall not apply to or affect the following:
(1)
Licensed hunters or fishermen while engaged in hunting or fishing and traveling to and from places to hunt and fish, those engaged in camping, scouting, trap, skeet or target shooting and instruction and training in safety and skillful use of weapons, including traveling to and from places to engage in such activities.
(2)
Persons licensed as private detectives by the state and detectives or special agents regularly employed by railroad companies or other corporations to perform fulltime security or investigative service.
(3)
The state fire marshal, the state fire marshal's deputies or any member of a fire department authorized to carry a firearm pursuant to K.S.A. 31-157, while engaged in an investigation in which such fire marshal, deputy or member is authorized to carry a firearm pursuant to K.S.A. 31-157
(d)
Subsection (a)(1) of this section shall not apply to any person who sells, purchases, possesses or carries a firearm, device or attachment which has been rendered unserviceable by steel weld in the chamber and marriage weld of the barrel to the receiver and which has been registered in the national firearms registration and transfer record in compliance with 26 USC 5841 et seq., in the name of such person, and, if such person transfers such firearm, device or attachment to another person, it has been so registered in the transferee's name by the transferor.
(e)
Subsection (a)(4) shall not apply to any person carrying a concealed handgun as authorized by K.S.A. Supp. 75-7c01, et seq., and amendments thereto. It shall not be a violation of this section if a person violates the provisions of K.S.A. 75-7c03, and amendments thereto, but has an otherwise valid license to carry a concealed handgun which is issued or recognized by this state.
(f)
Subsection (a)(11) and (a)(12) of this section shall not apply to the discharge of firearms in any licensed shooting gallery, by a gunsmith in carrying on his trade, or by any officer of the law in the discharge of his official duties.
(g)
Subsection (a)(14) of this section shall not apply to:
(1)
Possession of any firearm in connection with a firearms safety course of instruction or firearms education course approved and authorized by the school; or
(2)
Any possession of any firearm specifically authorized in writing by the superintendent of any unified school district or the chief administrator of any accredited nonpublic school; or
(3)
Possession of a firearm secured in a motor vehicle by a parent, guardian, custodian or someone authorized to act in such person's behalf who is delivering or collecting a student; or
(4)
Possession of a firearm secured in a motor vehicle by a registered voter who is on the school grounds, which contain a polling place for the purpose of voting during polling hours on an election day; or
(5)
Possession of a handgun by an individual who is licensed by the attorney general to carry a concealed handgun under K.S.A. 75-7c01 et seq., and amendments thereto.
(h)
The holder of a private security officer firearm permit shall carry a firearm while actually engaged in the performance of transporting an employer or their agent directly to and from a financial institute or as allowed by section 19-118 of this Code. The holder of a private security officer permit shall be allowed to carry only those intermediate weapons approved for use by law enforcement officers with the city police department.
(i)
It shall be a defense that the defendant is within an exemption.
(j)
No person shall unlawfully use weapons as defined herein. Any person unlawfully using weapons, as defined herein, shall, upon conviction thereof, be deemed guilty of a class A violation. In addition to the penalty for the violation of this section, it shall be the duty of the municipal judge to order such weapon to be forfeited to the unified government. The same shall be destroyed, retained for use by the police department or sold by the chief of police whenever the weapon is no longer needed for evidence.
(Code 1964, § 39-3; Code 1988, § 22-106; Ord. No. 64772, §§ 1—6, 12-27-1984; Ord. No. 65357, § 1, 10-6-1988; Ord. No. 65498, § 41, 1-4-1990; Ord. No. 65883, § 17, 3-10-1994; Ord. No. 65924, § 1, 7-21-1994; Ord. No. 66173, § 8, 11-7-1996; Ord. No. O-51-04, § 1, 7-8-2004; Ord. No. O-90-05, § 1, 12-1-2005; Ord. No. O-87-09, § 7, 11-5-2009; Ord. No. O-62-10, § 2, 11-4-2010)
State law reference— Similar provisions, K.S.A. 21-4201.