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Thread: Junction City - Unloaded Open Carry

  1. #1
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    Junction City: http://www.jcks.com/ordinance/full.html



    ARTICLE IX. OFFENSES AGAINST THE PUBLIC SAFETY]

    SECTION 220.745: UNLAWFUL USE OF A WEAPON]

    [size=A. "Unlawful use of a weapon" is knowingly:]

    [size=A.1. Selling, manufacturing, purchasing, possessing or carrying any throwing star, bludgeon, sandclub, metal]

    [size=knuckles or any knife, commonly referred to as a switchblade, which has a blade that opens automatically]

    [size=by hand pressure applied to a button, spring or other device in the handle of the knife or any knife having]

    [size=a blade that opens or falls or is ejected into position by the force of gravity or by an outward, downward]

    [size=or centrifugal thrust or movement;]

    [size=A.2. Carrying concealed on or about one's person or possessing with intent to use the same unlawfully against]

    [size=another a dagger, dirk, billy, blackjack, sling shot, dangerous knife, straight-edged razor, stiletto or any]

    [size=other dangerous or deadly weapon or instrument of like character, except that an ordinary pocket knife]

    [size=with no blade more than four (4) inches in length shall not be construed to be a dangerous knife or a]

    [size=dangerous or deadly weapon or instrument;]

    [size=A.3. Carrying on or about one's person or in any land, water or air vehicle, with intent to use the same]

    [size=unlawfully, a tear gas or smoke bomb or projector or any object containing a noxious liquid, gas or]

    [size=substance;]

    [size=A.4. Carrying any pistol, revolver or other firearm concealed on or about one's person except when on the]

    [size=person's land or in the person's abode or fixed place of business;]

    [size=A.5. Setting a spring gun;]

    [size=A.6. Possessing any device or attachment of any kind designed, used or intended for use in silencing the]

    [size=report of any firearm; or ]

    A.7. Carrying a pistol, revolver or other firearm with ammunition in the chamber or magazine on or about]

    [size=one's person or in a motor vehicle except when on the person's land or in the person's abode or fixed][/b]

    [size=place of business.][/b]
    [/b]
    [size=]

    [size=B. Subsections (A)(1), (2), (3), (4) and (7) shall not apply to or affect any of the following:]

    [size=B.1. Law Enforcement Officers or any person summoned by any such officers to assist in making arrests or]

    [size=preserving the peace while actually engaged in assisting such officer;]

    [size=B.2. Wardens, superintendents, directors, security personnel and keepers of prisons, penitentiaries, jails and]

    [size=other institutions for the detention of persons accused or convicted of a crime while acting within the]

    [size=scope of their authority;]

    [size=B.3. Members of the Armed Services or Reserve Forces of the United States or the Kansas National Guard]

    [size=while in the performance of their official duty; or]

    [size=B.4. Manufacture of, transportation to or sale of weapons to a person authorized under (1) through (3) of this]

    [size=Subsection to possess such weapons.]

    [size=C. Subsections (A)(4) and (7) shall not apply to or affect the following:]

    [size=C.1. Watchmen while actually engaged in the performance of the duties of their employment;]

    [size=C.2. Licensed hunters or fishermen while engaged in hunting or fishing;]

    [size=C.3. Private detectives licensed by the State to carry the firearm involved while actually engaged in the duties]

    [size=of their employment;]

    [size=C.4. Detectives or special agents regularly employed by railroad companies or other corporations to perform]

    [size=full-time security or investigative service while actually engaged in the duties of their employment;]

    [size=C.5. The State Fire Marshal, the State Fire Marshal's Deputies or any member of a Fire Department]

    [size=authorized to carry a firearm pursuant to K.S.A. 1982 Supp. 31-157 while engaged in an investigation in]

    [size=which such Fire Marshal, Deputy or member is authorized to carry a firearm pursuant to K.S.A. 1982]

    [size=Supp. 31-157.]

    [size=D. Subsections (A)(1) and (7) shall not apply to any person who sells, purchases, possesses or carries a firearm,]

    [size=device or attachment which has been rendered unserviceable by steel weld in the chamber and marriage weld]

    [size=of the barrel to the receiver and which has been registered in the national firearms registration and transfer]

    [size=record in compliance with 26 U.S.C. 5841 et seq. in the name of such person and, if such person transfers such]

    [size=firearm, device or attachment to another person, has been so registered in the transferee's name by the]

    [size=transferor.]

    [size=E. Subsection (A)(6) shall not apply to a Law Enforcement Officer who is:]

    [size=E.1. Assigned by the head of such officer's law enforcement agency to a tactical unit which receives]

    [size=specialized, regular training;]

    [size=E.2. Designated by the head of such officer's law enforcement agency to possess devices described in]

    [size=Subsection (A)(6); and]

    [size=E.3. In possession of commercially manufactured devices which are:]

    [size=E.3. a. Owned by the law enforcement agency;]

    [size=E.3.b. In such officer's possession only during specific operations; and]

    [size=E.3.c. Approved by the Bureau of Alcohol, Tobacco, Firearms and Explosives of the United States]

    [size=Department of Justice.]

    [size=F. It shall be a defense that the defendant is within an exemption.]

    [size=G. Violation of Subsections (A)(1) through (7) is a Class B misdemeanor. (CC 1965 §12-901; Ord. No. G-692]

    [size=§1, 2-2-88; Ord. No. G-994 §1, 4-4-06)]

    [size=]

    [size=SECTION 220.750: UNLAWFUL DISPOSAL OF FIREARMS]

    [size=A. Criminal disposal of firearms is knowingly:]

    [size=A.1. Selling, giving, or otherwise transferring any firearm with a barrel less than twelve (12) inches long to]

    [size=any person eighteen (18) years of age;]

    [size=A.2. Selling, giving or otherwise transferring any firearms to any person who is both addicted to and an]

    [size=unlawful user of a controlled substance;]

    [size=A.3. Selling, giving or otherwise transferring any firearm with a barrel less than twelve (12) inches long to]

    [size=any person who, within the preceding five (5) years, has been convicted of a felony under the laws of this]

    [size=or any other jurisdiction or has been released from imprisonment for a felony; or]

    [size=A.4. Selling, giving or otherwise transferring any firearm to any person who, within the preceding ten (10)]

    [size=years, has been convicted of a crime to which this Subsection applies, or has been released from]

    [size=imprisonment for such a crime, and has not had the conviction of such crime expunged or been pardoned]

    [size=for such crime.]

    [size=B. Subsection (A)(4) shall apply to a felony under K.S.A. 21-3401, 21-3402, 21-3403, 21-3404, 21-3410, 21-]

    [size=3411, 21-3414, 21-3415, 21-3419, 21-3420, 21-3421, 21-3427, 21-3502, 21-3506, 21-3518, 21-3716, 65-]

    [size=4127a or 65-4127b, and amendments thereto, or a crime under a law of another jurisdiction which is]

    [size=substantially the same as such felony.]

    [size=C. Criminal disposal of firearms is a class A misdemeanor. (K.S.A. 21-4203)]

    [size=]

    [size=SECTION 220.755: UNLAWFUL POSSESSION OF A FIREARM]

    [size=A. Unlawful possession of a firearm is: Possession of any firearm by any habitual drunkard or a narcotics addict.]

    [size=B. Unlawful possession of a firearm is a Class B misdemeanor.]

    [size=(CC 1965 §12-903; Ord. No. G-496 §2, 10-14-80)]

    [size=]

    [size=SECTION 220.765: UNLAWFUL SHOOTING IN CITY]

    [size=A. It is unlawful for any person to discharge, shoot or otherwise fire any gun, pistol, rifle or any device that]

    [size=launches a projectile with the use of compressed air, CO2 or chemical explosion within the City limits.]

    [size=B. Exceptions. Shooting shall not be unlawful if done:]

    [size=1. By a sworn Law Enforcement Officer in the discharge of the officer's duties.]

    [size=2. By any person otherwise lawfully in possession of a firearm who discharges said firearm in a situation]

    [size=where said person is deemed to be acting in self defense or defense of another as defined by the laws of]

    [size=the State of Kansas.]

    [size=3. By any person utilizing an approved range existing within the City which is in full conformity with all]

    [size=applicable City Codes, to include Zoning, Building, and Fire.]

    [size=4. By any person who is otherwise authorized to do so by the laws of the State of Kansas or of the United]

    [size=States of America.]

    [size=C. Unlawful shooting in the City is a Class B misdemeanor. (CC 1965 §§12-905; Ord. No. G-496 §2, 10-14-80;]

    [size=Ord. No. G-887 §1, 7-20-99)]

    [size=]

    [size=SECTION 220.770: DEFACING IDENTIFICATION MARKS OF A FIREARM]

    [size=A. Defacing identification marks of a firearm is the intentional changing, altering, removing or obliterating the]

    [size=name of the maker, model, manufacturer's number or other mark of identification of any firearm.]

    [size=B. Possession of any firearm upon which any such mark shall have been intentionally changed, altered, removed]

    [size=or obliterated shall be prima facie evidence that the possessor has changed, altered, or obliterated the same.]

    [size=C. Defacing identification marks of a firearm is a Class B misdemeanor.]

    [size=(CC 1965 §12-906; Ord. No. G-496 §2, 10-14-80)]

    [size=]

    [size=SECTION 220.775: CONFISCATION AND DISPOSITION OF WEAPONS]

    [size=A. Upon conviction of violating Sections 220.745 or 220.755 of this Article, any weapon seized in connection]

    [size=therewith shall remain in the custody of the trial court.]

    [size=B. Any stolen weapon so seized and detained, when no longer needed for evidentiary purposes, shall be returned]

    [size=to the person entitled to possession, if known. All other confiscated weapons when no longer needed for]

    [size=evidentiary purposes, shall in the discretion of the trial court, be destroyed, preserved as county property or]

    [size=forfeited to any law enforcement agency seizing the weapon. All weapons forfeited to any law enforcement]

    [size=agency may be donated to the Department of Wildlife and Parks or to the Kansas Bureau of Investigation]

    [size=Forensic Laboratory. (CC 1965 §12-907; Ord. No. G-496 §2, 10-14-80; K.S.A. 21-4206(2))]

    [size=]

    [size=SECTION 220.780: SHOOTING AIRGUNS IN THE CITY]

    [size=A. It shall be unlawful for any person to shoot any BB gun, airgun, CO2 gun or pellet gun along, upon, or across]

    [size=any street, alley, or public ground or along a pond or across the private property of any other person without]

    [size=permission within the City unless the same is otherwise authorized by the applicable public agency or the laws]

    [size=of the State of Kansas.]

    [size=B. Unlawful shooting of airguns in the City as set forth herein is a Class C misdemeanor.]

    [size=(CC 1965 §12-908; Ord. No. G-622 §1, 11-19-85)]

    [size=]

    [size=SECTION 220.785: CARRY CONCEALED WEAPONS][size=PROHIBITED ACTS]

    [size=A. It shall be unlawful for any person licensed or recognized as a valid out of State licensee pursuant to the]

    [size=Personal and Family Protection Act (K.S.A. 75-7c01 et seq.) to carry a concealed weapon, as defined therein,]

    [size=into:]

    [size=A.1. Any place where an activity declared a common nuisance by K.S.A. 22-3901, and amendments thereto,]

    [size=is maintained;]

    [size=A.2. Any Police, Sheriff or Highway Patrol station;]

    [size=A.3. Any detention facility, prison or jail;]

    [size=A.4. Any courthouse;]

    [size=A.5. Any courtroom, except that nothing in this Section would preclude a judge from carrying a concealed]

    [size=weapon or determining who will carry a concealed weapon in the judge's courtroom;]

    [size=A.6. Any polling place on the day an election is held;]

    [size=A.7. Any meeting of the Governing Body of a County, City or other political or taxing subdivision of the]

    [size=State or any committee or subcommittee thereof;]

    [size=A.8. Any State office building;]

    [size=A.9. Any athletic event not related to or involving firearms which is sponsored by a private or public]

    [size=elementary or secondary school or any private or public institution of post secondary education;]

    [size=A.10. Any professional athletic event not related to or involving firearms;]

    [size=A.11. Any portion of a drinking establishment as defined by K.S.A. 41-2601, and amendments thereto, except]

    [size=that this provision shall not apply to a restaurant as defined by K.S.A. 41-2601 and amendments thereto;]

    [size=A.12. Any elementary or secondary school building or structure used for student instruction or attendance;]

    [size=A.13. Any community college, college or university facility;]

    [size=A.14. Any place where the carrying of firearms is prohibited by Federal or State law;]

    [size=A.15. Any child exchange and visitation center provided for in K.S.A. 75-720 and amendments thereto;]

    [size=A.16. Any community health center organized pursuant to K.S.A. 19-4001 et seq. and amendments thereto, or]

    [size=any State psychiatric hospital;]

    [size=A.17. Any City Hall;]

    [size=A.18. Any public library;]

    [size=A.19. Any day care home or group day care home, as defined in K.A.R. 28-4-133 or any preschool or child]

    [size=care center as defined in K.A.R. 28-4-20; or]

    [size=A.20. Any church, temple or other place of worship.]

    [size=B. It shall be unlawful to carry a concealed weapon while under the influence of alcohol or drugs or both.]

    [size=C. It shall be unlawful for any employee of the City of Junction City, with the exception of Law Enforcement]

    [size=Officers, to carry a concealed weapon while on City premises or while engaged in the duties of the person's]

    [size=employment by the City.]

    [size=D. It shall be unlawful for any person licensed or recognized as a valid out of State licensee pursuant to the]

    [size=Personal and Family Protection Act to carry a concealed weapon into any City facility, premises, public park]

    [size=or public grounds, provided that the property is posted in a manner reasonably likely to come to the attention]

    [size=of the persons entering the property where carrying a concealed weapon is prohibited.]

    [size=E. Nothing in the Personal and Family Protection Act or this Section shall be construed to prevent:]

    [size=E.1. Any public or private employer from restricting or prohibiting in any manner persons licensed under the]

    [size=Act from carrying a concealed weapon while on the premises of the employer's business or while]

    [size=engaged in the duties of the person's employment by the employer; or]

    [size=E.2. Any entity owning or operating business premises open to the public from restricting or prohibiting in]

    [size=any manner persons licensed under the Act from carrying a concealed weapon while on such premises,]

    [size=provided that the premises are posted in a manner reasonably likely to come to the attention of persons]

    [size=entering the premises, as premises where carrying a concealed weapon is prohibited; or]

    [size=E.3. A property owner from restricting or prohibiting in any manner persons licensed under the Act from]

    [size=carrying a concealed weapon while on such property, provided that the premises are posted in a manner]

    [size=reasonably likely to come to the attention of persons entering the premises, as premises where carrying a]

    [size=concealed weapon is prohibited.]

    [size=E.4. It shall be unlawful to carry a concealed weapon in violation of any restriction or prohibitions allowed by]

    [size=Subsection (E)(1)]─[size=(4).]

    [size=F. Violation of Subsections (A) or (B) is a Class A misdemeanor.]

    [size=G. Violation of Subsections (C), (D) or (E) is a Class B misdemeanor. (Ord. No. G-1007 §1, 12-19-06)]

  2. #2
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    Link doesn't work.
    Called the JCPD Chief of Police some time ago... I think it was in November, but still have yet to receive an answer. Individual answers from officers varied. Sheriffs Office said it was a local matter and referred me to JCPD.

  3. #3
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    Just got off the phone with a deputy at the Geary County Sheriff's Office... Simply put by the officer, Geary County abides by the State's OC laws, but Junction City and Grandview Plaza ordinances make OC "illegal".

  4. #4
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    Most police officers aren't lawyers so I would get another opinion besides the deputy just to make sure.

    You can view the Junction City weapons ordinance at http://www.jcks.com/ordinance/index.html Then click on Title II. Public health, Safety and Welfare.

    A PDF will pop up with all the city codes 133 page on the PDF so might take awhile. Scroll down to page 65, 66, 67

    I am not a lawyer and don't pretend to be. Looks like unloaded open carry is a possiblity at the very least?

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