Criminal use of weapons is knowingly:
(a) 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;
(b) 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;
(c) 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;
(d) 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;
(e) Setting a spring gun;
(f) Possessing any device or attachment of any kind designed, used or intended for use in silencing the report of any firearm;
(g) Selling, manufacturing, purchasing, possessing or carrying a shotgun with a barrel less than 18 inches in length or any other firearm designed to discharge or capable of discharging automatically more than once by a single function of the trigger; or
(h) Carrying any dagger, dirk, billy, blackjack, slung shot, dangerous knife, straight-edged razor, stiletto, pistol, revolver or other firearm, or any other dangerous or deadly weapon or instrument on one’s person or in one’s vehicle while in possession of or under the influence of any barbiturate, amphetamine, hallucinogenic drug, Cannabis Sativa (marijuana) or other controlled substance as defined by K.S.A. § 65-4150 or;
(i) Carrying any dagger, dirk, billy, blackjack, slung shot, dangerous knife, straight-edged razor, stiletto, pistol, revolver or other firearm, or any other dangerous or deadly weapon or instrument on one’s person or in one’s vehicle while under the influence of any inhalant as defined in Section 11-206 of this code;
(j) Carrying any dagger, dirk, billy, blackjack, slung shot, dangerous knife, straight-edged razor, stiletto, pistol, revolver or other firearm, or any other dangerous or deadly weapon or instrument on one’s person or in one’s vehicle under the influence of alcohol as defined in K.S.A. § 8-1567
(k) Possessing, manufacturing, causing to be manufactured, selling, offering for sale, lending, purchasing or giving away any cartridge which can be fired by a handgun and which has a plastic-coated bullet that has a core of less than 60% lead by weight.
(Ord. 491, Sec. 2; Code 2001)
Sections 11-1001(a), (b), (c), (d) and (g) shall not apply to or affect any of the following:
(a) 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;
(b) 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;
(c) 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
(d) Manufacture of, transportation to, or sale of weapons to a person authorized under subsections 11-1002(a), (b) and (c) to possess such weapons.
(Ord. 491, Sec. 3; Code 2001)
Section 11-1001(d) shall not apply to or affect the following:
(a) Watchmen, while actually engaged in the performance of the duties of their employment;
(b) Licensed hunters or fishermen, while engaged in hunting or fishing;
(c) Private detectives licensed by the state to carry the firearm involved, while actually engaged in the duties of their employment;
(d) 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;
(e) 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 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; or
(f) Special deputy sheriffs described in K.S.A. § 19-827 who have satisfactorily completed the basic course of instruction required for permanent appointment as a part-time law enforcement officer under K.S.A. § 74-5607 a and amendments thereto.
(Ord. 491, Sec. 4; Code 2001)
Sections 11-1001 (a), (f) and (g) 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.
(Code 2001)
Section 11-1001 (k) shall not apply to a governmental laboratory or solid plastic bullets.
(Code 2001)
It shall be a defense to any charge under Section 11-901 that the defendant is within an exemption.
(Ord. 491, Sec. 5; Code 2001)
Violation of Section 11-1001 is punishable by a fine of not more than Two Thousand Five Hundred Dollars ($2,500.00) or imprisonment for not more than One (1) Year, or both such fine and imprisonment.
(Code 2001)