State Codes and Statutes

Statutes > Kansas > Chapter21 > Article42 > Statutes_12069

21-4217

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

      21-4217.   Criminal discharge of a firearm.(a) Criminal discharge of a firearm is the discharge of anyfirearm:

      (1)   Upon any land or nonnavigable body of water of another,without having obtained permission of the owner or person in possession of suchland; or

      (2)   upon or from any public road, public road right-of-way orrailroadright-of-way that adjoins land of another without having first obtainedpermission of the owner or person in possession of such land.

      (b)   This section shall not apply to any 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 engagedin assisting such officer;

      (2)   wardens, superintendents, directors,security personnel and keepers of prisons, penitentiaries, jails andother institutions for the detention of persons accused or convicted ofcrime, while acting within the scope of their authority;

      (3)   membersof the armed services or reserve forces of the United States or the nationalguard while in the performance of their official duty;

      (4)   watchmen, while actually engaged in the performance ofthe duties of their employment;

      (5)   private detectives licensedby the state to carry the firearm involved, while actually engaged in theduties of their employment;

      (6)   detectives or specialagents regularly employed by railroad companies or other corporations toperform full-time security or investigative service, while actually engagedin the duties of their employment;

      (7)   the state fire marshal, the state fire marshal's deputies or anymember of a fire department authorized to carry a firearm pursuant to K.S.A.31-157 and amendments thereto, while engaged in an investigation in which suchfiremarshal, deputy or member is authorized to carry a firearm pursuant toK.S.A. 31-157 and amendments thereto; or

      (8)   the United States attorney for the district of Kansas,the attorney general, orany districtattorney or county attorney, while actually engaged in the duties of theiremployment or any activities incidental to such duties; any assistant UnitedStates attorneyif authorized by the UnitedStates attorney for the district of Kansas and while actually engaged in theduties of their employment or any activities incidental to such duties;any assistant attorney general ifauthorized by the attorney general and while actually engaged in the duties oftheir employment or any activities incidental to such duties;or any assistant district attorney or assistantcounty attorney if authorized by the district attorney or county attorney bywhom such assistant is employed and while actually engaged in the duties oftheir employment or any activities incidental to such duties. The provisions ofthis paragraph shall not apply to anyperson not in compliance with K.S.A. 2009 Supp. 75-7c19, and amendmentsthereto.

      (c)   Criminal discharge of a firearm is a class C misdemeanor.

      History:   L. 1986, ch. 126, § 2;L. 1992, ch. 298, § 73;L. 2009, ch. 92, § 2; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter21 > Article42 > Statutes_12069

21-4217

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

      21-4217.   Criminal discharge of a firearm.(a) Criminal discharge of a firearm is the discharge of anyfirearm:

      (1)   Upon any land or nonnavigable body of water of another,without having obtained permission of the owner or person in possession of suchland; or

      (2)   upon or from any public road, public road right-of-way orrailroadright-of-way that adjoins land of another without having first obtainedpermission of the owner or person in possession of such land.

      (b)   This section shall not apply to any 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 engagedin assisting such officer;

      (2)   wardens, superintendents, directors,security personnel and keepers of prisons, penitentiaries, jails andother institutions for the detention of persons accused or convicted ofcrime, while acting within the scope of their authority;

      (3)   membersof the armed services or reserve forces of the United States or the nationalguard while in the performance of their official duty;

      (4)   watchmen, while actually engaged in the performance ofthe duties of their employment;

      (5)   private detectives licensedby the state to carry the firearm involved, while actually engaged in theduties of their employment;

      (6)   detectives or specialagents regularly employed by railroad companies or other corporations toperform full-time security or investigative service, while actually engagedin the duties of their employment;

      (7)   the state fire marshal, the state fire marshal's deputies or anymember of a fire department authorized to carry a firearm pursuant to K.S.A.31-157 and amendments thereto, while engaged in an investigation in which suchfiremarshal, deputy or member is authorized to carry a firearm pursuant toK.S.A. 31-157 and amendments thereto; or

      (8)   the United States attorney for the district of Kansas,the attorney general, orany districtattorney or county attorney, while actually engaged in the duties of theiremployment or any activities incidental to such duties; any assistant UnitedStates attorneyif authorized by the UnitedStates attorney for the district of Kansas and while actually engaged in theduties of their employment or any activities incidental to such duties;any assistant attorney general ifauthorized by the attorney general and while actually engaged in the duties oftheir employment or any activities incidental to such duties;or any assistant district attorney or assistantcounty attorney if authorized by the district attorney or county attorney bywhom such assistant is employed and while actually engaged in the duties oftheir employment or any activities incidental to such duties. The provisions ofthis paragraph shall not apply to anyperson not in compliance with K.S.A. 2009 Supp. 75-7c19, and amendmentsthereto.

      (c)   Criminal discharge of a firearm is a class C misdemeanor.

      History:   L. 1986, ch. 126, § 2;L. 1992, ch. 298, § 73;L. 2009, ch. 92, § 2; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter21 > Article42 > Statutes_12069

21-4217

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

      21-4217.   Criminal discharge of a firearm.(a) Criminal discharge of a firearm is the discharge of anyfirearm:

      (1)   Upon any land or nonnavigable body of water of another,without having obtained permission of the owner or person in possession of suchland; or

      (2)   upon or from any public road, public road right-of-way orrailroadright-of-way that adjoins land of another without having first obtainedpermission of the owner or person in possession of such land.

      (b)   This section shall not apply to any 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 engagedin assisting such officer;

      (2)   wardens, superintendents, directors,security personnel and keepers of prisons, penitentiaries, jails andother institutions for the detention of persons accused or convicted ofcrime, while acting within the scope of their authority;

      (3)   membersof the armed services or reserve forces of the United States or the nationalguard while in the performance of their official duty;

      (4)   watchmen, while actually engaged in the performance ofthe duties of their employment;

      (5)   private detectives licensedby the state to carry the firearm involved, while actually engaged in theduties of their employment;

      (6)   detectives or specialagents regularly employed by railroad companies or other corporations toperform full-time security or investigative service, while actually engagedin the duties of their employment;

      (7)   the state fire marshal, the state fire marshal's deputies or anymember of a fire department authorized to carry a firearm pursuant to K.S.A.31-157 and amendments thereto, while engaged in an investigation in which suchfiremarshal, deputy or member is authorized to carry a firearm pursuant toK.S.A. 31-157 and amendments thereto; or

      (8)   the United States attorney for the district of Kansas,the attorney general, orany districtattorney or county attorney, while actually engaged in the duties of theiremployment or any activities incidental to such duties; any assistant UnitedStates attorneyif authorized by the UnitedStates attorney for the district of Kansas and while actually engaged in theduties of their employment or any activities incidental to such duties;any assistant attorney general ifauthorized by the attorney general and while actually engaged in the duties oftheir employment or any activities incidental to such duties;or any assistant district attorney or assistantcounty attorney if authorized by the district attorney or county attorney bywhom such assistant is employed and while actually engaged in the duties oftheir employment or any activities incidental to such duties. The provisions ofthis paragraph shall not apply to anyperson not in compliance with K.S.A. 2009 Supp. 75-7c19, and amendmentsthereto.

      (c)   Criminal discharge of a firearm is a class C misdemeanor.

      History:   L. 1986, ch. 126, § 2;L. 1992, ch. 298, § 73;L. 2009, ch. 92, § 2; July 1.