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21-4201. Criminal use of weapons.

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21-4201Chapter 21.--CRIMES AND PUNISHMENTS PART II.--PROHIBITED CONDUCT Article 42.--CRIMES AGAINST THE PUBLIC SAFETY21-4201. 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 toas a switch-blade, which has a blade that opens automatically by hand pressureapplied to a button, spring or other device in the handle of the knife, or anyknife having a blade that opens or falls or is ejected into position by theforce 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 thesame unlawfully against another, a dagger, dirk, billy, blackjack, slungshot,dangerous knife, straight-edged razor, stiletto or any other dangerous ordeadly weapon or instrument of like character, except that an ordinary pocketknife with no blade more than four inches in length shall not be construed tobe 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, withintent to use the same unlawfully, a tear gas or smoke bomb or projector or anyobject containing a noxious liquid, gas or substance; (4) carrying any pistol, revolver or other firearm concealed on one'sperson except when on the person's land or in the person's abode or fixedplace of business; (5) setting a spring gun; (6) possessing any device or attachment of any kind designed, used orintended for use in suppressing the report of any firearm; (7) selling, manufacturing, purchasing, possessing or carrying a shotgun witha barrel less than 18 inches in length or any other firearm designed todischarge or capable of discharging automatically more than once by a singlefunction of the trigger; or (8) possessing, manufacturing, causing to be manufactured, selling, offeringfor sale, lending, purchasing or giving away any cartridge which can be firedby a handgun and which has a plastic-coated bullet that has a core of less than60% lead by weight. (b) Subsections (a)(1), (2), (3), (4) and (7) shall not apply to or affectany of the following: (1) Law enforcement officers, or any person summoned by any such officers toassist in making arrests or preserving the peace while actually engaged inassisting such officer; (2) wardens, superintendents, directors, security personnel and keepers ofprisons, penitentiaries, jails and other institutions for the detention ofpersons accused or convicted of crime, while acting within the scope of theirauthority; (3) members of the armed services or reserve forces of the United States orthe Kansas national guard while in the performance of their official duty; or (4) manufacture of, transportation to, or sale of weapons to a personauthorized 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 oftheir 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 orother 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 memberof a fire department authorized to carry a firearm pursuant to K.S.A. 31-157and amendments thereto, while engaged in an investigation in which such firemarshal, 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, andamendments thereto, who have satisfactorily completed the basic course ofinstruction required for permanent appointment as a part-time law enforcementofficer under K.S.A. 74-5607a and amendments thereto; or (7) the United States attorney for the district of Kansas,the attorney general,any districtattorney or county attorney, any assistant United States attorney if authorizedby the United States attorney for the district of Kansas,any assistant attorneygeneral if authorized by the attorney general,or any assistantdistrict attorney or assistant county attorney if authorized by the districtattorney or county attorney by whom such assistant is employed. The provisionsof this paragraph shall not apply to any person not in compliance with K.S.A.2009 Supp. 75-7c19, and amendments thereto. (d) Subsections (a)(1), (6) and (7) shall not apply to any person who sells,purchases, possesses or carries a firearm, device or attachment which has beenrendered unserviceable by steel weld in the chamber and marriage weld of thebarrel to the receiver and which has been registered in the national firearmsregistration and transfer record in compliance with 26 U.S.C. 5841 et seq. inthe name of such person and, if such person transfers such firearm, device orattachment to another person, has been so registered in the transferee's nameby the transferor. (e) Subsection (a)(8) shall not apply to a governmental laboratory or solidplastic bullets. (f) Subsection (a)(6) shall not apply to a law enforcement officer who is: (1) Assigned by the head of such officer's law enforcement agency to atactical unit which receives specialized, regular training; (2) designated by the head of such officer's law enforcement agency topossess devices described in subsection (a)(6); and (3) in possession of commercially manufactured devices which are: (A) Ownedby the law enforcement agency; (B) in such officer's possession only duringspecific operations; and (C) approved by the bureau of alcohol, tobacco,firearms and explosives of the United States department of justice. (g) Subsections (a)(6), (7) and (8) shall not apply to any person employedby a laboratory which is certified by the United States department of justice,national institute of justice, while actually engaged in the duties of theiremployment and on the premises of such certified laboratory. Subsections(a)(6), (7) and (8) shall not affect the manufacture of, transportation to orsale of weapons to such certified laboratory. (h) Subsection (a)(4) shall not apply to any person carrying a concealedweapon as authorized by K.S.A. 2009 Supp. 75-7c01 through 75-7c17, andamendments thereto. (i) Subsections (a)(6) and (7) shall not apply to or affect any person orentity in compliance with the national firearms act, 26 U.S.C. 5801 et seq. (j) It shall be a defense that the defendant is within anexemption. (k) Violation of subsections (a)(1) through (a)(5) is aclass A nonperson misdemeanor. Violation of subsection (a)(6), (a)(7) or (a)(8)is a severity level 9, nonperson felony. (l) As used in this section, "throwing star" means anyinstrument, without handles, consisting of a metal plate having three or moreradiating points with one or more sharp edges and designed in the shape of apolygon, trefoil, cross, star, diamond or other geometric shape, manufacturedfor use as a weapon for throwing. History: L. 1969, ch. 180, § 21-4201;L. 1978, ch. 365, § 1;L. 1981, ch. 145, § 1;L. 1982, ch. 135, § 2;L. 1982, ch. 136, § 1;L. 1986, ch. 126, § 1;L. 1992, ch. 298, § 67;L. 1993, ch. 291, § 146;L. 1996, ch. 149, § 4;L. 1999, ch. 164, § 12;L. 2002, ch. 123, § 3;L. 2004, ch. 83, § 1;L. 2006, ch. 32, § 20;L. 2008, ch. 103, § 2;L. 2009, ch. 92, § 1; July 1.
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  • 21-4201

    Chapter 21.--CRIMES AND PUNISHMENTS
    PART II.--PROHIBITED CONDUCT
    Article 42.--CRIMES AGAINST THE PUBLIC SAFETY

          21-4201.   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 toas a switch-blade, which has a blade that opens automatically by hand pressureapplied to a button, spring or other device in the handle of the knife, or anyknife having a blade that opens or falls or is ejected into position by theforce 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 thesame unlawfully against another, a dagger, dirk, billy, blackjack, slungshot,dangerous knife, straight-edged razor, stiletto or any other dangerous ordeadly weapon or instrument of like character, except that an ordinary pocketknife with no blade more than four inches in length shall not be construed tobe 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, withintent to use the same unlawfully, a tear gas or smoke bomb or projector or anyobject containing a noxious liquid, gas or substance;

          (4)   carrying any pistol, revolver or other firearm concealed on one'sperson except when on the person's land or in the person's abode or fixedplace of business;

          (5)   setting a spring gun;

          (6)   possessing any device or attachment of any kind designed, used orintended for use in suppressing the report of any firearm;

          (7)   selling, manufacturing, purchasing, possessing or carrying a shotgun witha barrel less than 18 inches in length or any other firearm designed todischarge or capable of discharging automatically more than once by a singlefunction of the trigger; or

          (8)   possessing, manufacturing, causing to be manufactured, selling, offeringfor sale, lending, purchasing or giving away any cartridge which can be firedby a handgun and which has a plastic-coated bullet that has a core of less than60% lead by weight.

          (b)   Subsections (a)(1), (2), (3), (4) and (7) shall not apply to or affectany of the following:

          (1)   Law enforcement officers, or any person summoned by any such officers toassist in making arrests or preserving the peace while actually engaged inassisting such officer;

          (2)   wardens, superintendents, directors, security personnel and keepers ofprisons, penitentiaries, jails and other institutions for the detention ofpersons accused or convicted of crime, while acting within the scope of theirauthority;

          (3)   members of the armed services or reserve forces of the United States orthe Kansas national guard while in the performance of their official duty; or

          (4)   manufacture of, transportation to, or sale of weapons to a personauthorized 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 oftheir 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 orother 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 memberof a fire department authorized to carry a firearm pursuant to K.S.A. 31-157and amendments thereto, while engaged in an investigation in which such firemarshal, 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, andamendments thereto, who have satisfactorily completed the basic course ofinstruction required for permanent appointment as a part-time law enforcementofficer under K.S.A. 74-5607a and amendments thereto; or

          (7)   the United States attorney for the district of Kansas,the attorney general,any districtattorney or county attorney, any assistant United States attorney if authorizedby the United States attorney for the district of Kansas,any assistant attorneygeneral if authorized by the attorney general,or any assistantdistrict attorney or assistant county attorney if authorized by the districtattorney or county attorney by whom such assistant is employed. The provisionsof this paragraph shall not apply to any person not in compliance with K.S.A.2009 Supp. 75-7c19, and amendments thereto.

          (d)   Subsections (a)(1), (6) and (7) shall not apply to any person who sells,purchases, possesses or carries a firearm, device or attachment which has beenrendered unserviceable by steel weld in the chamber and marriage weld of thebarrel to the receiver and which has been registered in the national firearmsregistration and transfer record in compliance with 26 U.S.C. 5841 et seq. inthe name of such person and, if such person transfers such firearm, device orattachment to another person, has been so registered in the transferee's nameby the transferor.

          (e)   Subsection (a)(8) shall not apply to a governmental laboratory or solidplastic bullets.

          (f)   Subsection (a)(6) shall not apply to a law enforcement officer who is:

          (1)   Assigned by the head of such officer's law enforcement agency to atactical unit which receives specialized, regular training;

          (2)   designated by the head of such officer's law enforcement agency topossess devices described in subsection (a)(6); and

          (3)   in possession of commercially manufactured devices which are: (A) Ownedby the law enforcement agency; (B) in such officer's possession only duringspecific operations; and (C) approved by the bureau of alcohol, tobacco,firearms and explosives of the United States department of justice.

          (g)   Subsections (a)(6), (7) and (8) shall not apply to any person employedby a laboratory which is certified by the United States department of justice,national institute of justice, while actually engaged in the duties of theiremployment and on the premises of such certified laboratory. Subsections(a)(6), (7) and (8) shall not affect the manufacture of, transportation to orsale of weapons to such certified laboratory.

          (h)   Subsection (a)(4) shall not apply to any person carrying a concealedweapon as authorized by K.S.A. 2009 Supp. 75-7c01 through 75-7c17, andamendments thereto.

          (i)   Subsections (a)(6) and (7) shall not apply to or affect any person orentity in compliance with the national firearms act, 26 U.S.C. 5801 et seq.

          (j)   It shall be a defense that the defendant is within anexemption.

          (k)   Violation of subsections (a)(1) through (a)(5) is aclass A nonperson misdemeanor. Violation of subsection (a)(6), (a)(7) or (a)(8)is a severity level 9, nonperson felony.

          (l)   As used in this section, "throwing star" means anyinstrument, without handles, consisting of a metal plate having three or moreradiating points with one or more sharp edges and designed in the shape of apolygon, trefoil, cross, star, diamond or other geometric shape, manufacturedfor use as a weapon for throwing.

          History:   L. 1969, ch. 180, § 21-4201;L. 1978, ch. 365, § 1;L. 1981, ch. 145, § 1;L. 1982, ch. 135, § 2;L. 1982, ch. 136, § 1;L. 1986, ch. 126, § 1;L. 1992, ch. 298, § 67;L. 1993, ch. 291, § 146;L. 1996, ch. 149, § 4;L. 1999, ch. 164, § 12;L. 2002, ch. 123, § 3;L. 2004, ch. 83, § 1;L. 2006, ch. 32, § 20;L. 2008, ch. 103, § 2;L. 2009, ch. 92, § 1; July 1.

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