[As Amended by Senate Committee of the Whole]

          Session of 1998
By Committee on Judiciary
          10             AN ACT concerning crimes and punishment; relating to criminal use of
11             [explosives and criminal use of] weapons; certain explosive mate-
12             rials; amending [K.S.A. 21-3731 and] K.S.A. 1997 Supp. 21-4201 and
13             repealing the existing section [sections].
15       Be it enacted by the Legislature of the State of Kansas:
16        [Section 1. K.S.A. 21-3731 is hereby amended to read as fol-
17       lows: 21-3731. (a) Criminal use of explosives is the possession, man-
18       ufacture or transportation of commercial explosives; chemical com-
19       pounds that form explosives; incendiary or explosive material,
20       liquid or solid; detonators; blasting caps; military explosive fuse
21       assemblies; squibs; or electric match or functional improvised fuse
22       assemblies; or any completed explosive devices commonly known as pipe
23       bombs or molotov cocktails. For purposes of this section, explosives
24       shall not include class ``c'' fireworks, legally obtained and trans-
25       ferred commercial explosives by licensed individuals and ammuni-
26       tion and commercially available loading powders and products
27       used as ammunition.
28           [(b) (1) Criminal use of explosives as defined in subsection (a)
29       is a severity level 8, person felony.
30           [(2) Criminal use of explosives as defined in subsection (a) if:
31       (A) The possession, manufacture or transportation is intended to be
32       used to commit a crime or is delivered to another with knowledge
33       that such other intends to use such substance to commit a crime;
34       (B) a public safety officer is placed at risk to defuse such explosive;
35       or (C) the explosive is introduced into a building in which there is
36       another human being, is a severity level 6, person felony.]
37           Section 1 [Sec. 2]. K.S.A. 1997 Supp. 21-4201 is hereby amended
38       to read as follows: 21-4201. (a) Criminal use of weapons is knowingly:
39           (1) Selling, manufacturing, purchasing, possessing or carrying any
40       bludgeon, sandclub, metal knuckles or throwing star, or any knife, com-
41       monly referred to as a switch-blade, which has a blade that opens auto-
42       matically by hand pressure applied to a button, spring or other device in
43       the handle of the knife, or any knife having a blade that opens or falls or

SB 607--Am. by SCW


  1       is ejected into position by the force of gravity or by an outward, downward
  2       or centrifugal thrust or movement;
  3           (2) carrying concealed on one's person, or possessing with intent to
  4       use the same unlawfully against another, a dagger, dirk, billy, blackjack,
  5       slung shot, dangerous knife, straight-edged razor, stiletto or any other
  6       dangerous or deadly weapon or instrument of like character, except that
  7       an ordinary pocket knife with no blade more than four inches in length
  8       shall not be construed to be a dangerous knife, or a dangerous or deadly
  9       weapon or instrument;
10           (3) carrying on one's person or in any land, water or air vehicle, with
11       intent to use the same unlawfully, a tear gas or smoke bomb or projector
12       or any object containing a noxious liquid, gas or substance;
13           (4) carrying any pistol, revolver or other firearm concealed on one's
14       person except when on the person's land or in the person's abode or fixed
15       place of business;
16           (5) setting a spring gun;
17           (6) possessing any device or attachment of any kind designed, used
18       or intended for use in silencing the report of any firearm;
19           (7) selling, manufacturing, purchasing, possessing or carrying a shot-
20       gun with a barrel less than 18 inches in length or any other firearm de-
21       signed to discharge or capable of discharging automatically more than
22       once by a single function of the trigger; or
23           (8) possessing, manufacturing, causing to be manufactured, selling,
24       offering for sale, lending, purchasing or giving away any cartridge which
25       can be fired by a handgun and which has a plastic-coated bullet that has
26       a core of less than 60% lead by weight; or.
27           (9) possessing or transporting any incendiary or explosive material,
28       liquid, solid or mixture, equipped with a fuse, wick or any other detonat-
29       ing device, commonly known as a molotov cocktail or a pipe bomb.
30           (b) Subsections (a)(1), (2), (3), (4) and (7) shall not apply to or affect
31       any of the following:
32           (1) Law enforcement officers, or any person summoned by any such
33       officers to assist in making arrests or preserving the peace while actually
34       engaged in assisting such officer;
35           (2) wardens, superintendents, directors, security personnel and keep-
36       ers of prisons, penitentiaries, jails and other institutions for the detention
37       of persons accused or convicted of crime, while acting within the scope
38       of their authority;
39           (3) members of the armed services or reserve forces of the United
40       States or the Kansas national guard while in the performance of their
41       official duty; or
42           (4) manufacture of, transportation to, or sale of weapons to a person
43       authorized under subsections (b)(1), (2) and (3) to possess such weapons.

SB 607--Am. by SCW


  1           (c) Subsection (a)(4) shall not apply to or affect the following:
  2           (1) Watchmen, while actually engaged in the performance of the du-
  3       ties of their employment;
  4           (2) licensed hunters or fishermen, while engaged in hunting or fish-
  5       ing;
  6           (3) private detectives licensed by the state to carry the firearm in-
  7       volved, while actually engaged in the duties of their employment;
  8           (4) detectives or special agents regularly employed by railroad com-
  9       panies or other corporations to perform full-time security or investigative
10       service, while actually engaged in the duties of their employment;
11           (5) the state fire marshal, the state fire marshal's deputies or any
12       member of a fire department authorized to carry a firearm pursuant to
13       K.S.A. 31-157 and amendments thereto, while engaged in an investigation
14       in which such fire marshal, deputy or member is authorized to carry a
15       firearm pursuant to K.S.A. 31-157 and amendments thereto; or
16           (6) special deputy sheriffs described in K.S.A. 1997 Supp. 19-827 who
17       have satisfactorily completed the basic course of instruction required for
18       permanent appointment as a part-time law enforcement officer under
19       K.S.A. 74-5607a and amendments thereto.
20           (d) Subsections (a)(1), (6) and (7) shall not apply to any person who
21       sells, purchases, possesses or carries a firearm, device or attachment
22       which has been rendered unserviceable by steel weld in the chamber and
23       marriage weld of the barrel to the receiver and which has been registered
24       in the national firearms registration and transfer record in compliance
25       with 26 U.S.C. 5841 et seq. in the name of such person and, if such person
26       transfers such firearm, device or attachment to another person, has been
27       so registered in the transferee's name by the transferor.
28           (e) Subsection (a)(8) shall not apply to a governmental laboratory or
29       solid plastic bullets.
30           (f) It shall be a defense that the defendant is within an exemption.
31           (g) Violation of subsections (a)(1) through (a)(5) or subsection (a)(9)
32       is a class A nonperson misdemeanor. Violation of subsection (a)(6), (a)(7)
33       or (a)(8) is a severity level 9, nonperson felony.
34           (h) As used in this section, ``throwing star'' means any instrument,
35       without handles, consisting of a metal plate having three or more radiating
36       points with one or more sharp edges and designed in the shape of a
37       polygon, trefoil, cross, star, diamond or other geometric shape, manufac-
38       tured for use as a weapon for throwing.
39           Sec. 2. [3. K.S.A. 21-3731 and] K.S.A. 1997 Supp. 21-4201 is [are]
40       hereby repealed.
41           Sec. 3 [4]. This act shall take effect and be in force from and after
42       its publication in the statute book.