10-10570 Criminal Use of Weapons(Published in the Salina Journal on October 2010.)
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ORDINANCE NUMBER 10-10570
AN ORDINANCE AMENDING CHAPTER 25, ARTICLE IN, SECTION 25-151 OF THE
SALINA CODE PERTAINING TO CRIMINAL USE OF WEAPONS.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section I. That Section 25-151 of Chapter 25, Article IX of the Salina Code is hereby amended
9 as follows:
a "Sec. 25-151. 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. This subsection shall not prohibit an ordinary pocket knife which has
a spring, detent or other device which creates a bias towards closure of the blade and
which requires hand pressure applied to such spring, dctent or device through the blade of
the knife to overcome the bias towards closure to assist in the opening of the knife;
(2) Carrying concealed on one's person, or possessing with intent to use the same unlawfully
against another, a dagger, dirk, billy, blackjack, slingshot, 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; or
(5)
Setting a spring gun.
(b) Subsections (a)(]), (2), (3) and (4) 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 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 sate of weapons to a person authorized under
subsections (b)(1), (2) and (3) to possess such weapons.
(c) Subsection (a)(4) shall not apply to or 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. 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 described in K.S.A. 19-827 and amendments thereto 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; 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 an
assistant is employed. The provisions of this paragraph shall not apply to any person not
in compliance the K.S.A. 2009 Supp. 75-7c19 and amendments thereto.
z (d) Subsection (a)(1) shall not apply to any person who sells, purchases, possesses or carries a
w firearm, device or attachment which has been rendered unserviceable by a 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.
' o 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. 2009 Supp. 75-7c01 through 75-7c17 and amendments thereto.
(f) It shall be a defense that the defendant is within an exemption.
(g) A violation of this section is a class A misdemeanor.
(h) As used in this section, "throwing star" means any instrument, without handles, consisting of
a metal plate having three or more radiating points with one or more sharp edges and
designed in the shape of a polygon, trefoil, cross, star, diamond or other geometric shape,
manufactured for use as a weapon for throwing."
Section 2. That existing Section 25-151 is hereby added.
Section 3. That this ordinance shall be in full force and effect from and after its adoption and
publication once in the official city newspaper.
Introduced: September 27, 2010
Passe�l� October 4, 2010
Aaro/{{JJ�a�� G. Peck,
—Mayor
[SEAL]
Lieu Ann Elsey, CMC, Ci