Dodge City - Open Carry

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Dodge City: http://www.dodgecity.org/DocumentView.aspx?DID=554



ARTICLE 10. OFFENSES AGAINST PUBLIC SAFETY

10.1 CRIMINAL USE OF WEAPONS.

(a) Criminal use of weapons is knowingly:

(1) Selling, manufacturing, purchasing,

possessing or carrying any bludgeon,

sandclub, metal knuckles or throwing

star, or any knife, commonly referred

to as a switch-blade, 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;

(2) Carrying concealed on one’s person,

or possessing with intent to use the

same unlawfully against another, a

dagger, dirk, billy, blackjack, slung shot,

dangerous knife, straight-edged razor

stiletto or any other dangerous or

deadly weapon or instrument of like

character, except that an ordinary

pocket knife with no blade more than

four inches in length shall not be

construed to be a dangerous knife, or

a dangerous or deadly weapon or

instrument;

(3) Carrying 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 any pistol, revolver or other

firearm concealed on one’s person

except when on the person’s land or in

the person’s abode or fixed place of

business;

(5) Transporting any firearm in an occupied

motor vehicle, unless such firearm is

unloaded and encased in a container

which completely encloses the firearm;

or

(6) Setting a spring gun.



(b) Subsections (a)(1), (2), (3), (4), and (5) shall

not apply to nor 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 officer;

(2) Wardens, superintendents, directors,

security personnel and keepers of

prisons, penitentiaries, jails and other

institutions for the detention of persons

accused or convicted of crime, while

acting within the scope of their

authority;

(3) Members of the armed services or

reserve forces of the United States or

the Kansas national guard while in the

performance of their official duty; or

(4) Manufacture of, transportation to, or

sale of weapons to a person authorized

under subsections (b)(1) through (b)(3)

of this section to possess such

weapons.

(c) Subsections (a)(4) and (a)(5) shall not apply

to nor affect the following:

(1) Watchmen, while actually engaged in

the performance of the duties of their

employment;

(2) Licensed hunters or fishermen, while

engaged in hunting or fishing;

(3) Private detectives licensed by the state

to carry the firearm involved, while

actually engaged in the duties of their

employment;

(4) Detectives or special agents regularly

employed by railroad companies or

other corporations to perform full-time

security or investigative service, while

actually engaged in the duties of their

employment;

(5) 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. Supp. 31-

157 and amendments thereto, 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 and amendments

thereto;

(6) Special deputy sheriffs in counties over

100,000 population who have

satisfactorily completed the basic

course of instruction required for

permanent appointment as a part-time

law enforcement officer; or

(7) The United States attorney for the

District of Kansas, the attorney general,

any district attorney or county attorney,

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 or assistant

county attorney if authorized by the

district attorney or county attorney 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.

(d) Subsection (a)(1) 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 U.S.C. 5841 et

seq. in the name of such person and, if such

person transfers such firearm, device or

attachment to another person, 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 weapon as authorized

by K.S.A. Supp. 75-7c01 through 75-7c17.

(f) It shall be a defense that the defendant is within

an exemption. (K.S.A. 12-16,124; K.S.A.

21-4201, as amended)

Violation of this section is a Class A violation.



10.2 DRAWING A WEAPON UPON ANOTHER.

(a) Drawing a weapon upon another person is the

drawing of a pistol, revolver, knife or other

deadly weapon upon another person by a

person not an officer of the law in execution of

his or her duty.



10.3 CRIMINAL DISPOSAL OF FIREARMS. Criminal

disposal of firearms is knowingly:

(a) Selling, giving or otherwise transferring any

firearm with a barrel less than 12 inches long

to any person under 18 years of age;

(b) Selling, giving or otherwise transferring any

firearms to any person who is both addicted to

and an unlawful user of a controlled substance;

(c) Selling, giving or otherwise transferring any

firearm to any person who, within the preceding

five years, has been convicted of a felony, other

than those specified in subsection (f), under

the laws of this or any other jurisdiction or has

been released from imprisonment for a felony

and was found not to have been in possession

of a firearm at the time of the commission of

the offense;

(d) Selling, giving or otherwise transferring any

firearm to any person who, within the preceding

10 years, has been convicted of a felony to

which this subsection applies, that was not

found to have been in the possession of a

firearm at the time of the commission of the

offense, or has been released from

imprisonment for such a crime, and has not

had the conviction of such crime expunged or

been pardoned for such crime; or

(e) Selling, giving or otherwise transferring any

firearm to any person who has been convicted

of a felony under the laws of this or any other

jurisdiction and was found to have been in

possession of a firearm at the time of the

commission of the offense.

(f) Subsection (d) shall apply to a felony under

K.S.A. 21-3401, 21-3402, 21-3403, 21-3404,

21-3410, 21-3411, 21-3414, 21-3415, 21-3419,

21-3420, 21-3421, 21-3427, 21-3442, 21-3502,

21-3506, 21-3518, 21-3716, or Chapter 32 of

the 2009 Session Laws of Kansas, Sections 5

or 6, and amendments thereto, or a crime

under a law of another jurisdiction which is

substantially the same as such felony. (K.S.A.

21-4203, as amended)

Criminal disposal of firearms is a Class A violation.



10.3.1 CRIMINAL POSSESSION OF A FIREARM.

(a) Criminal possession of a firearm is:

(1) Possession of any firearm by a person

who is both addicted to and an unlawful

user of a controlled substance;

(2) Possession of any firearm by any

person, other than a law enforcement

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; or

(3) Refusal to surrender or immediately

remove from school property or

grounds or at any regularly scheduled

school sponsored activity or event any

firearm in the possession of any person,

other than a law enforcement officer,

when so requested or directed by any

duly authorized school employee or any

law enforcement officer.

(b) Subsection (a)(2) 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;

(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;

(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.

(K.S.A. 21-4204)

Violation of subsection (a)(1) or (a)(2) is a

Class B violation. Violation of subsection (a)(3) is

a Class A violation.



10.4 CONFISCATION, DISPOSITION OF WEAPONS.

(a) Upon conviction of a violation of Sections 10.1

or 10.2 of this article, any weapon seized in

connection therewith shall remain in the

custody of the trial court.

(b) Any stolen weapon so seized and detained,

when no longer needed for evidentiary

purposes, shall be returned to the person

entitled to possession, if known. All other

confiscated weapons when no longer needed

for evidentiary purposes, shall in the discretion

of the trial court be:

(1) Destroyed;

(2) Forfeited to the law enforcement

agency seizing the weapon for use

within such agency, for sale to a

properly licensed federal firearms

dealer, for trading to a properly licensed

federal firearms dealer for other new or

used firearms or accessories for use

within such agency or for trading to

another law enforcement agency for

that agency’s use; or (3) Forfeited to the Kansas bureau of

investigation for law enforcement,

testing, comparison, or destruction by

the Kansas bureau of investigation

forensic laboratory.

(c) If weapons are sold as authorized by

subsection (b), the proceeds of the sale shall

be credited to the asset seizure and forfeiture

fund of the seizing agency. (K.S.A. 21-4206)



10.5 UNLAWFUL DISCHARGE OF FIREARMS.

Unlawful discharge of firearms is the discharging or firing

of any gun, rifle, pistol, revolver or other firearm within

the city. This section shall not be construed to apply:

(a) To the discharge of firearms by any duly

authorized law enforcement officer when

necessary in the discharge of his or her official

duties;

(b) To the discharge of firearms in any licensed

shooting gallery;

(c) To firing squads for ceremonials; nor

(d) To a legitimate gunsmith in pursuit of his or

her trade.

It shall be a defense that the defendant was acting

within the scope of K.S.A. 21-3211, K.S.A. 21-3212,

K.S.A. 21-3213, K.S.A. 21-3215 or K.S.A. 21-3216.

Unlawful discharge of firearms is a Class B violation.



10.6 AIR GUN, AIR RIFLE, BOW AND ARROW,

SLINGSHOT, BB GUN OR PAINT BALL GUN. The

unlawful operation of an air gun, air rifle, bow and arrow,

slingshot, BB gun or paint ball gun is the shooting,

discharging or operating of any air gun, air rifle, bow

and arrow, slingshot, BB gun or paint ball gun, within

the city, except within the confines of a building or other

structure from which the projectiles cannot escape.

Unlawful operation of an air gun, air rifle, bow and

arrow, slingshot, BB gun or paint ball gun is a Class C

violation.



10.7 SEIZURE OF WEAPON. The chief of police of the

city or his or her duly authorized representative is hereby

empowered to seize and hold any air gun, air rifle, bow

and arrow, slingshot or BB gun used in violation of

section 10.6 of this article, and is further empowered to

seize and hold as evidence pending a hearing before a

court of competent jurisdiction any air gun, air rifle, bow

and arrow, slingshot or BB gun used in violation of

Section 10.6.



10.8 UNLAWFUL AIDING, ABETTING. It shall be

unlawful for any person to conspire to or aid and abet in

the operation or discharging or causing to be operated

or discharged any air gun, air rifle, bow and arrow, BB

gun or slingshot except as provided in Section 10.6

within the city, whether individually or in connection with

one or more persons or as principal, agent or accessory,

and it is further unlawful for every parent or guardian of

a minor child who willfully or knowingly permits or directs

the operation or discharge of any air gun, air rifle, bow

and arrow, BB gun or slingshot by such minor child within

the city except as provided in Section 10.6 of this article.

Violation of this section is a Class C violation.