14-10743 Amended sections for firearms and knives(Published on the City of Salina's website from July 22 to August 5, 2014.)
ORDINANCE NUMBER 14-10743
AN ORDINANCE AMENDING SECTIONS 25-151 AND 25-153, WHICH
PERTAIN TO FIREARMS AND KNIVES, IN ORDER TO CLARIFY THE
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CITY'S AUTHORITY AFTER THE ENACTMENT OF CHAPTER 97 OF THE
2014 KANSAS SESSION LAWS.
WHEREAS, the Kansas legislature enacted House Bill No. 2578, located in
1 chapter 97 of the 2014 Kansas session laws ("H.B. 2578"), which speaks to local
regulation of firearms and knives;
WHEREAS. section 7 of H.B. 2578 generally prohibits a "city' from enforcing
"any ordinance, resolution or regulation... governing the purchase, transfer, ownership,
storage, carrying or transporting of firearms or ammunition. or any component or
combination thereof." except that, among other things, cities may regulate firearms to
the extent permissible under the Personal and Family Protection Act;
WHEREAS, section 7 of H.B. 2578 also renders any ordinance, resolution or
regulation prohibited by section 7 that was adopted prior to July 1, 2014 null and void;
WHEREAS, section 8 of H.B. 2578 prohibits a "municipality" from enforcing
"any ordinance, resolution, regulation or tax relating to the transportation, possession,
carrying, sale, transfer, purchase, gift, devise, licensing, registration, or use of a knife or
knife making components";
WHEREAS, section 8 of H.B. 2578 also renders any ordinance, resolution or
regulation prohibited by section 8 that was adopted prior to July 1, 2014 null and void;
II WHEREAS. section 13 of H.B. 2578 limits courts' authority to order the
' disposal and destruction of weapons seized pursuant to criminal investigations; and
WHEREAS, the Governing Body wishes to amend provisions of the Salina
Code that are contrary to sections 7, 8, and 13 of H.B. 2578 to clarify the citys legal
authority, as dictated by the Kansas legislature, with regard to firearms and knives. SO
NOW THEREFORE,
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. Section 25-151 of the Salina Code is hereby amended to read as follows:
Sec. 25-151. Criminal use of weapons.
(a) Criminal use of weapons is knowingly:
(1) Selling, manufacturing, purchasing, possessing or taming any bludgeon,
sandclub, metal knuckles or throwing star;
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(2) Carrying concealed on one's person, or possessing with intent to use the same
unlawfully against another, a billy, blackjack, slingshot, or any other
dangerous or deadly weapon or instrument of like character:
(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
w object containing a noxious liquid; gas or substance; or
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y (4) Setting a spring gun.
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' o (b) Subsections (a)(1), (2), and (3) shall not apply to or affect any of the following:
(1) Law enforcement officers, or any person summoned by any such officers to
U 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), (2) and (3) to possess such weapons.
(c) In accordance with K.S.A. 12-16,124, and amendments thereto, this section
shall not apply to the purchase, transfer, ownership, storage, carrying;
transporting, or sale of firearms or ammunition, or any component or
combination thereof.
(d) In accordance with K.S.A. 12-16,134; and amendments thereto, this section
shall not apply to the transportation, possession, carrying, sale, transfer,
purchase, gift; devise, licensing, registration, use or manufacture of a knife or
knife making components.
' (e) It shall be a defense that the defendant is within an exemption under subsections
(b), (c), or (d).
(f) A violation of this section is a class A misdemeanor.
(g) 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. Section 25-153 of the Salina Code is hereby amended to read as follows:
Sec. 25-153. Confiscation, disposition of weapons.
(a) Upon conviction of a violation of sections 25-151 or 25-152 of this article, any
weapon seized in connection therewith shall remain in the custody of the
municipal 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
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known. All other confiscated .weapons when no longer needed for evidentiary
purposes. shall in the discretion of the municipal court, be destroyed, preserved
as city property or forfeited to the law enforcement agency seizing the weapon.
All weapons forfeited to any law enforcement agency may be donated to the
department of wildlife and parks or to the Kansas Bureau of Investigation for
w law enforcement; testing, comparison or destruction by the Kansas Bureau of
Investigation Forensic Laboratory.
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(c) The above subsections (a) and (b) notwithstanding, nothing in this section shall
1 o be construed to provide any authority to the municipal court that is contrary to
K.S.A. 22-2512. and amendments thereto.
Section 3. Summary of ordinance for publication. This ordinance shall be published
by the following summary:
Ordinance No. 14-10743 Summary
On July 21, 2014, the City of Salina. Kansas; passed Ordinance No. 14-10743.
The ordinance amends sections 25-151 and 25-153 of the Salina Code. The
amendment of sections 25-151 and 25-153 relates to local regulation of firearms and
knives. A complete copy of the ordinance is available -at N««v.salina-ks.gov or in the
office of the city clerk_. 300 W. Ash Street, free of charge. This summary is certified by
the city attorney.
Section 5. Effective date. This ordinance shall be in full force and effect from and
after its adoption and publication by summary once in the official city newspaper.
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Sha di Wicks. CMC, City Clerk
Ce ' ication of Publication Summary:
r g . Be gtson, City Attomey
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Introduced: Ji.2014
Adopted: ,'Tq21, 2014
K. Householter. Mayor