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Kansas City, KS / Wyandotte County - Not Open Carry - infringement

marine0300

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Nov 14, 2008
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Topeka, Kansas, USA
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Kansas City / Wyandotte County http://library6.municode.com/default-now/home.htm?infobase=13488&doc_action=whatsnew



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 lock-blade 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 3 1/2 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 fist 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.

(b)Subsections (a)(1)--(a)(4), (a)(8), (a)(9), (a)(12), and (a)(13) 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 parttime 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.

(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)(11) 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.

(f)Subsection (a)(13) 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.

(g)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. 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 police department.

(h)It shall be a defense that the defendant is within an exemption.

(i)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)

State law references: Similar provisions, K.S.A. 21-4201.


Sec. 19-108. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Chief of police means the chief of police of the city or the designated representative of the chief of police.

Firearm means:

(1)A pistol or revolver which is designed to be fired by the use of a single hand and which is designed to fire or is capable of firing fixed cartridges; or

(2)Any other weapon which will or is designed to expel a projectile by the action of any explosive and which is designed to be fired by the use of a single hand.

Firearm permit means a limited permit for the authority to carry a firearm by a private security officer while actually engaged in the performance of the duties of his employment and while on the premises of his employer or while traveling between the security officer's residence and the specific place of employment.

Law enforcement officer means a law enforcement officer as defined by K.S.A. 21-3110.

Offense of moral turpitude means those crimes involving prostitution, pimping, lewd and lascivious behavior, indecent exposure, illegal use, possession or sale of narcotics, marijuana, and any and all "controlled substances" as that term is defined at K.S.A. 65-4101 et seq., incest, gambling, the offenses listed in chapter 22, article VI of this Code and similar violations in other jurisdictions and forfeiture of bond to appear in court to answer charges for any of these crimes.

Permit means the permit to act as a private security officer, issued by the chief of police to the individuals employed by a security agency or business as private watchmen, private security officers, or private security guards.

Police department means the city police department.

Private detective means any person who engages in detective business as defined by K.S.A. 75-7b01.

Private security business means the business of furnishing private watchmen, officers, guards, or other persons to protect persons or property or to prevent the theft and unlawful taking, loss, embezzlement, misappropriation or concealment of any goods, wares, merchandise, money, bonds, stocks, notes, documents, papers or property of any kind. This term shall not include a business that furnishes state licensed private investigative services, as defined in K.S.A. 75-7b01. This term shall not include a business that employs private security officers to patrol only the premises of that business.

Private security officer means an individual who agrees to perform services as a watchman, guard, officer, or patrolman to protect persons or property or to prevent the theft, unlawful taking, loss, embezzlement, misappropriation or concealment of any goods, wares, merchandise, money, bonds, stocks, notes, documents, papers or property of any kind.

(Code 1988, § 19-206; Ord. No. 65892, § 1, 4-7-1994)

Cross references: Definitions generally, § 1-2.


Sec. 25-50. Animals, hunting and firearms.

(a)No person shall hunt, molest, harm, frighten, kill, trap, chase, tease, shoot, throw missiles at or give toxic substances to any animal, reptile or bird. No person shall remove or have in his possession the young of any wild animal or the eggs, nests or the young of any reptile or bird.

(b)No person shall use, carry or possess firearms of any description, air rifles, spring guns, bows and arrows, slings, any other forms potentially inimical to wildlife and dangerous to human safety, any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device.

(Code 1964, §§ 25-43(3), 25-46(4); Code 1988, § 25-70; Ord. No. 61265, §§ 3, 6, 4-15-1980)
 

aadvark

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Aug 25, 2009
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These Ordinances violate Kansas Law, in respect to those who are Licensed by ThePersonaland Family Protection Act, and, as such, areunenforceable in the respect to Open Carry of a Firearm.
 
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