06-10356 Unlawful Use of Weapons(Published in the Salina Journal on September C� 2006.)
ORDINANCE NUMBER 06-10356
AN ORDINANCE AMENDING CHAPTER 25, ARTICLE IX, SECTION 25-151 OF
THE SALINA CODE PERTAINING TO UNLAWFUL USE OF WEAPONS AND
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REPEALING EXISTING SECTION 25-151.
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BE ORDAINED by the Governing Body of Salina, Kansas:
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Section 1. That Chapter 25, Article IX, Section 25-151 of the Salina Code is hereby
amended to read as follows:
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"Sec. 25-151. Unlawful use of weapons.
(a) Criminal use of weapons is knowingly:
(1) Selling, manufacturing, purchasing, possession 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 then 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, slin; 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) Subsection (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;
W (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
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(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; or
(5) The state fire marshal, the state fire marshal's deputies or any member of the
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.
(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 sections 1 through 17, and amendments thereto as provided in Chapter
32 of the 2006 Session Laws of Kansas.
(f) It shall be a defense that the defendant is within an exemption.
Violation of this section is a Class A violation."
Section 2. That the existing Section 25-151 is hereby repealed.
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.
[SEAL]
ATTEST:
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Lieu Ann Elsey, CMC it
Clerk
Introduced: August 28, 2006
010'1v�Passed: August 28, 2006
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Alan E. Jilk Vice- yor