Session of 2000
HOUSE BILL No. 2623
By Representative Huff
1-12
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.
12
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;
2
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
3
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.