ORDINANCE NUMBER 14-10743
AN ORDINANCE AMENDING SECTIONS 25-151 AND 25-153, WHICH PERTAIN TO FIREARMS AND KNIVES, IN ORDER TO CLARIFY THE CITY’S AUTHORITY AFTER THE ENACTMENT OF CHAPTER 97 OF THE 2014 KANSAS SESSION LAWS.
WHEREAS, the Kansas legislature enacted House Bill No. 2578, located in chapter 97 of the 2014 Kansas session laws (“H.B. 2578”), which speaks to local regulation of firearms and knives;
WHEREAS, section 7 of H.B. 2578 generally prohibits a “city” from enforcing “any ordinance, resolution or regulation… governing the purchase, transfer, ownership, storage, carrying or transporting of firearms or ammunition, or any component or combination thereof,” except that, among other things, cities may regulate firearms to the extent permissible under the Personal and Family Protection Act;
WHEREAS, section 7 of H.B. 2578 also renders any ordinance, resolution or regulation prohibited by section 7 that was adopted prior to July 1, 2014 null and void;
WHEREAS, section 8 of H.B. 2578 prohibits a “municipality” from enforcing “any ordinance, resolution, regulation or tax relating to the transportation, possession, carrying, sale, transfer, purchase, gift, devise, licensing, registration, or use of a knife or knife making components”;
WHEREAS, section 8 of H.B. 2578 also renders any ordinance, resolution or regulation prohibited by section 8 that was adopted prior to July 1, 2014 null and void;
WHEREAS, section 13 of H.B. 2578 limits courts’ authority to order the disposal and destruction of weapons seized pursuant to criminal investigations; and
WHEREAS, the Governing Body wishes to amend provisions of the Salina Code that are contrary to sections 7, 8, and 13 of H.B. 2578 to clarify the city’s legal authority, as dictated by the Kansas legislature, with regard to firearms and knives. SO NOW THEREFORE,
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. Section 25-151 of the Salina Code is hereby amended to read as follows:
Sec. 25-151. 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;
(2) Carrying concealed on one’s person, or possessing with intent to use the same unlawfully against another, a billy, blackjack, slingshot, or any other dangerous or deadly weapon or instrument of like character;
(3) Carrying 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; or
(4) Setting a spring gun.
(b) Subsections (a)(1), (2), and (3) 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 officer;
(2) Wardens, superintendents, directors, security personnel and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime, while acting within the scope of their authority;
(3) Members of the armed services or reserve forces of the United States or the Kansas national guard while in the performance of their official duty; or
(4) Manufacture of, transportation to, or sale of weapons to a person authorized under subsections (b)(1), (2) and (3) to possess such weapons.
(c) In accordance with K.S.A. 12-16,124, and amendments thereto, this section shall not apply to the purchase, transfer, ownership, storage, carrying, transporting, or sale of firearms or ammunition, or any component or combination thereof.
(d) In accordance with K.S.A. 12-16,134, and amendments thereto, this section shall not apply to the transportation, possession, carrying, sale, transfer, purchase, gift, devise, licensing, registration, use or manufacture of a knife or knife making components.
(e) It shall be a defense that the defendant is within an exemption under subsections (b), (c), or (d).
(f) A violation of this section is a class A misdemeanor.
(g) As used in this section, “throwing star” means any instrument, without handles, consisting of a metal plate having three or more radiating points with one or more sharp edges and designed in the shape of a polygon, trefoil, cross, star, diamond or other geometric shape, manufactured for use as a weapon for throwing.
Section 2. Section 25-153 of the Salina Code is hereby amended to read as follows:
Sec. 25-153. Confiscation, disposition of weapons.
(a) Upon conviction of a violation of sections 25-151 or 25-152 of this article, any weapon seized in connection therewith shall remain in the custody of the municipal court.
(b) Any stolen weapon so seized and detained, when no longer needed for evidentiary purposes, shall be returned to the person entitled to possession, if known. All other confiscated weapons when no longer needed for evidentiary purposes, shall in the discretion of the municipal court, be destroyed, preserved as city property or forfeited to the law enforcement agency seizing the weapon. All weapons forfeited to any law enforcement agency may be donated to the department of wildlife and parks or to the Kansas Bureau of Investigation for law enforcement, testing, comparison or destruction by the Kansas Bureau of Investigation Forensic Laboratory.
(c) The above subsections (a) and (b) notwithstanding, nothing in this section shall be construed to provide any authority to the municipal court that is contrary to K.S.A. 22-2512, and amendments thereto.
Section 3. Summary of ordinance for publication. This ordinance shall be published by the following summary:
Ordinance No. 14-10743 Summary
On July 21, 2014, the City of Salina, Kansas, passed Ordinance No. 14-10743. The ordinance amends sections 25-151 and 25-153 of the Salina Code. The amendment of sections 25-151 and 25-153 relates to local regulation of firearms and knives. A complete copy of the ordinance is available at www.salina-ks.gov or in the office of the city clerk, 300 W. Ash Street, free of charge. This summary is certified by the city attorney.
Section 5. Effective date. This ordinance shall be in full force and effect from and after its adoption and publication by summary once in the official city newspaper.
Introduced: July 21, 2014
Adopted: July 21, 2014
Aaron K. Householter, Mayor
Shandi Wicks, CMC, City Clerk
Certification of Publication Summary:
Greg A. Bengtson, City Attorney