§ 22-177. Unlawful use of weapons.

(a)

Unlawful use of weapons is knowingly:

(1)

Selling, manufacturing, purchasing, carrying or possessing any bludgeon, sandclub, metal knuckles or throwing star;

(2)

Carrying or possessing with the intent to use the same unlawfully against another, a dagger, dirk, billy, blackjack, slungshot, or any other dangerous or deadly weapon or instrument of like character;

(3)

Carrying or possessing on one's person or in any land, water or air vehicle, with intent to use the same unlawfully, a tear gas or smoke bomb or projector or any object containing a noxious liquid, gas or substance;

(4)

Setting a spring gun;

(5)

Discharging or firing any air rifle, pellet gun or BB gun within the city limits while on the streets, alleys or public places;

(6)

Discharging any gun, revolver, pistol, or firearm of any description within the city;

(7)

Selling, giving or otherwise transferring any firearm with a barrel less than 12 inches long to any person under 18 years of age whether the person knows or has reason to know the length of the barrel;

(8)

Selling, giving or otherwise transferring any firearms to any person who is both addicted to and an unlawful user of a controlled substance;

(9)

Selling, giving or otherwise transferring any firearm to any person who is or has been a mentally ill person subject to involuntary commitment for care and treatment, as defined in K.S.A. 59-2946, and amendments thereto, or a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment as defined in K.S.A. 59-29b46, and amendments thereto;

(10)

Possessing any firearm by a person who is both addicted to and an unlawful user of a controlled substance;

(11)

Possessing any firearm by any person, other than a law enforcement officer in or on any school property or grounds upon which is located a building or structure used by a unified school district or an accredited nonpublic school for student instruction or attendance or extracurricular activities of pupils enrolled in kindergarten or any of the grades 1 through 12 or at any regularly scheduled school sponsored activity or event whether the person knows or has reason to know that such person was in or on any such property or grounds;

(12)

Refusing to surrender or immediately remove from school property or grounds or at any regularly scheduled school sponsored activity or event any firearm in the possession of any person, other than a law enforcement officer, when so requested or directed by any duly authorized school employee or any law enforcement officer;

(13)

Possession of any pistol, revolver or other firearm concealed on one's person if such person is under 21 years of age, except when on such person's land or in such person's abode or fixed place of business.

(b)

Subsections (a)(1) and (a)(2) of this section shall not apply to or affect any of the following:

(1)

Law enforcement officers or any person summoned by any such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officers;

(2)

Wardens, superintendents, directors, security personnel and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crimes, while acting within the scope of their authority;

(3)

Members of the armed services or reserve forces of the United States or the state national guard while in the performance of their official duty;

(4)

Manufacture of, transportation to, or sale of weapons to persons authorized under subsections (b)(1)—(b)(3) of this section to possess such weapons;

(c)

Subsection (a)(5) and (a)(6) of this section shall not apply to the discharge of firearms in any licensed shooting gallery, by a gunsmith in carrying on his trade, or by any officer of the law in the discharge of his official duties.

(d)

Subsection (a)(11) of this section shall not apply to:

(1)

Possession of any firearm in connection with a firearms safety course of instruction or firearms education course approved and authorized by the school;

(2)

Possession of any firearm specifically authorized in writing by the superintendent of any unified school district or the chief administrator of any accredited nonpublic school;

(3)

Possession of a firearm secured in a motor vehicle by a parent, guardian, custodian or someone authorized to act in such person's behalf who is delivering or collecting a student;

(4)

Possession of a firearm secured in a motor vehicle by a registered voter who is on the school grounds, which contain a polling place for the purpose of voting during polling hours on an election day; or

(5)

Possession of a concealed handgun by an individual who is not prohibited from possessing a firearm under either federal or state law.

(e)

Subsection (a)(9) shall not apply to a person who has received a certificate of restoration pursuant to K.S.A. Supp. 75-7c26, and amendments thereto.

(f)

Unlawful use of weapons is a class A violation.

(Code 1964, § 39-3; Code 1988, § 22-106; Ord. No. 64772, §§ 1—6, 12-27-1984; Ord. No. 65357, § 1, 10-6-1988; Ord. No. 65498, § 41, 1-4-1990; Ord. No. 65883, § 17, 3-10-1994; Ord. No. 65924, § 1, 7-21-1994; Ord. No. 66173, § 8, 11-7-1996; Ord. No. O-51-04, § 1, 7-8-2004; Ord. No. O-90-05, § 1, 12-1-2005; Ord. No. O-87-09, § 7, 11-5-2009; Ord. No. O-62-10, § 2, 11-4-2010; Ord. No. O-48-15 , § 2, 8-13-2015)

State law reference

Similar provisions, K.S.A. 21-4201.