Session of 2000
By Representative Huff

  9             AN  ACT concerning crimes and punishment; relating to the criminal use
10             of weapons; amending K.S.A. 1999 Supp. 21-4201 and repealing the
11             existing section.
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 1999 Supp. 21-4201 is hereby amended to read as
15       follows: 21-4201. (a) Criminal use of weapons is knowingly:
16             (1) Selling, manufacturing, purchasing, possessing or carrying any
17       bludgeon, sandclub, metal knuckles or throwing star, or any knife, com-
18       monly referred to as a switch-blade, which has a blade that opens auto-
19       matically by hand pressure applied to a button, spring or other device in
20       the handle of the knife, or any knife having a blade that opens or falls or
21       is ejected into position by the force of gravity or by an outward, downward
22       or centrifugal thrust or movement;
23             (2) carrying concealed on one's person, or possessing with intent to
24       use the same unlawfully against another, a dagger, dirk, billy, blackjack,
25       slung shot, dangerous knife, straight-edged razor, stiletto or any other
26       dangerous or deadly weapon or instrument of like character, except that
27       an ordinary pocket knife with no blade more than four inches in length
28       shall not be construed to be a dangerous knife, or a dangerous or deadly
29       weapon or instrument;
30             (3) carrying on one's person or in any land, water or air vehicle, with
31       intent to use the same unlawfully, a tear gas or smoke bomb or projector
32       or any object containing a noxious liquid, gas or substance;
33             (4)  (A) carrying any pistol, revolver or other firearm concealed on
34       one's person except when on the person's land or in the person's abode
35       or fixed place of business; or
36             (B) carrying any pistol, revolver or other firearm in any vehicle upon
37       a highway or street unless such pistol, revolver or firearm is in the locked
38       rear trunk or rear compartment, or any locked outside compartment or
39       container which is not accessible to any person in the vehicle while the
40       vehicle is in motion;
41             (5) setting a spring gun;
42             (6) possessing any device or attachment of any kind designed, used
43       or intended for use in silencing the report of any firearm;


  1             (7) selling, manufacturing, purchasing, possessing or carrying a shot-
  2       gun with a barrel less than 18 inches in length or any other firearm de-
  3       signed to discharge or capable of discharging automatically more than
  4       once by a single function of the trigger; or
  5             (8) possessing, manufacturing, causing to be manufactured, selling,
  6       offering for sale, lending, purchasing or giving away any cartridge which
  7       can be fired by a handgun and which has a plastic-coated bullet that has
  8       a core of less than 60% lead by weight.
  9             (b) Subsections (a)(1), (2), (3), (4) and (7) shall not apply to or affect
10       any of the following:
11             (1) Law enforcement officers, or any person summoned by any such
12       officers to assist in making arrests or preserving the peace while actually
13       engaged in assisting such officer;
14             (2) wardens, superintendents, directors, security personnel and keep-
15       ers of prisons, penitentiaries, jails and other institutions for the detention
16       of persons accused or convicted of crime, while acting within the scope
17       of their authority;
18             (3) members of the armed services or reserve forces of the United
19       States or the Kansas national guard while in the performance of their
20       official duty; or
21             (4) manufacture of, transportation to, or sale of weapons to a person
22       authorized under subsections (b)(1), (2) and (3) to possess such weapons.
23             (c) Subsection (a)(4) shall not apply to or affect the following:
24             (1) Watchmen, while actually engaged in the performance of the du-
25       ties of their employment;
26             (2) licensed hunters or fishermen, while engaged in hunting or
27       fishing;
28             (3) private detectives licensed by the state to carry the firearm in-
29       volved, while actually engaged in the duties of their employment;
30             (4) detectives or special agents regularly employed by railroad com-
31       panies or other corporations to perform full-time security or investigative
32       service, while actually engaged in the duties of their employment;
33             (5) the state fire marshal, the state fire marshal's deputies or any
34       member of a fire department authorized to carry a firearm pursuant to
35       K.S.A. 31-157 and amendments thereto, while engaged in an investigation
36       in which such fire marshal, deputy or member is authorized to carry a
37       firearm pursuant to K.S.A. 31-157 and amendments thereto; or
38             (6) special deputy sheriffs described in K.S.A. 1999 Supp. 19-827 who
39       have satisfactorily completed the basic course of instruction required for
40       permanent appointment as a part-time law enforcement officer under
41       K.S.A. 74-5607a and amendments thereto.
42             (d) Subsections (a)(1), (6) and (7) shall not apply to any person who
43       sells, purchases, possesses or carries a firearm, device or attachment


  1       which has been rendered unserviceable by steel weld in the chamber and
  2       marriage weld of the barrel to the receiver and which has been registered
  3       in the national firearms registration and transfer record in compliance
  4       with 26 U.S.C. 5841 et seq. in the name of such person and, if such person
  5       transfers such firearm, device or attachment to another person, has been
  6       so registered in the transferee's name by the transferor.
  7             (e) Subsection (a)(8) shall not apply to a governmental laboratory or
  8       solid plastic bullets.
  9             (f) It shall be a defense that the defendant is within an exemption.
10             (g) Violation of subsections (a)(1) through (a)(5) is a class A nonper-
11       son misdemeanor. Violation of subsection (a)(6), (a)(7) or (a)(8) is a se-
12       verity level 9, nonperson felony.
13             (h) As used in this section, "throwing star" means any instrument,
14       without handles, consisting of a metal plate having three or more radiating
15       points with one or more sharp edges and designed in the shape of a
16       polygon, trefoil, cross, star, diamond or other geometric shape, manufac-
17       tured for use as a weapon for throwing. 
18       Sec.  2. K.S.A. 1999 Supp. 21-4201 is hereby repealed.
19        Sec.  3. This act shall take effect and be in force from and after its
20       publication in the statute book.