050013
(First Published in The
ORDINANCE NO. 47-505
AN ORDINANCE AMENDING SECTION 5.88.010 OF THE CODE OF THE
UNLAWFUL USE OF WEAPONS AND REPEAL OF THE ORIGINAL
SECTION 5.88.010
BE IT ORDAINED BY THE
GOVERNING BODY OF THE CITY OF
Section 1. 5.88.010 of the Code of the City of Wichita, Kansas, shall read as follows:
(1) Unlawful use of a weapon is knowingly:
(a) Selling, manufacturing, purchasing, possessing or carrying any bludgeon, sandclub,
metal knuckles or throwing star, or any knife, commonly referred to as a switch-blade, which,
having the appearance of a pocket knife, also has a blade that opens automatically by hand
pressure applied to a button, spring or other device in the handle of the knife, or by other
mechanical contrivance, or any knife having a blade that opens or falls or is ejected into position
by the force of gravity or by an outward, downward or centrifugal thrust or movement;
(b) Carrying concealed on one's person, or possessing with intent to use the same unlawfully
against another, a dagger, dirk, billy, blackjack, slingshot, nightstick, nun-chucks, sap gloves,
tomahawk, dangerous knife, straight-edged razor, stiletto or any other dangerous or deadly
instrument of like character, except that an ordinary pocket knife with no blade more than four
inches in length shall not be construed to be a dangerous knife or a dangerous or deadly weapon
or instrument;
(c) Carrying unconcealed on one's person or in any vehicle under one's immediate control,
with intent to use the same unlawfully against another, a dagger, dirk, billy, blackjack, slingshot,
nightstick, nunchucks, sap gloves, tomahawk, dangerous knife, straight-edged razor, stiletto or
any other dangerous or deadly instrument of like character, except that an ordinary pocket knife
with no blade more than four inches in length shall not be construed to be a dangerous knife or a
dangerous or deadly weapon or instrument;
(d) Carrying any pistol, revolver or
other firearm concealed on one's person, while on
property open to the public, except when on one's land
or in one's abode or fixed place of
business;
(e) Carrying on
one's person any unconcealed, loaded firearm, while on property open to the
public, except when on one's land or in one's
abode or fixed place of business;
(f) Carrying in any vehicle
under one's immediate control, while on property open to the
public, any loaded firearm, except when on
one's land or in one's abode or fixed place of
business;
(g) Carrying in any air, land or water vehicle an
unloaded firearm that is not encased in a
container which completely encloses the firearm;
(h) Carrying a loaded or unloaded firearm in a courtroom or within City Hall;
(i) Drawing a pistol, revolver, knife or any other deadly weapon upon any person.
(j) 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.
(2) Subsections (1)(a), (b), (c), (d), (e), (f) and (g), (h), and (i) of this subsection shall not
apply to or affect any of the following:
(a) 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;
(b) Wardens, superintendents, directors, security personnel and keepers of prisons,
penitentiaries, jails and other institutions for the detention of persons accused or convicted of a
crime, while acting within the scope of their authority;
(c) Members of the
armed services or reserve forces of the
National Guard while in the performance of their official duty; or
(d) Manufacture of, transportation to, or sale of weapons to a person authorized under (a)
through (c) of this subsection to possess such weapons.
(e) Qualified law enforcement officers or qualified retired law enforcement officers pursuant
to the Law Enforcement Officers Safety Act of 2004, 18 U.S.C. 926B and 18 U.S.C. 926C and
amendments thereto.
(3) Subsection (1)(d), (e) and (f) of this section shall not apply to or affect the following:
(a) Watchmen, while actually engaged in the performance of the duties of their employment;
(b) Private detectives licensed by the state to carry the firearm involved while actually
engaged in the duties of their employment;
(c) Detectives or special agents regularly employed by railroad companies or other
corporations to perform full-time security or investigative service, while actually engaged in the
duties of their employment; or
(d) The State Fire Marshal, the State Fire Marshal's deputies or any member 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 such fire marshal, deputy or member is authorized to
carry a firearm pursuant to K.S.A. 31-157 and amendments thereto.
(e) Special deputy sheriffs described in K.S.A. 2001 Supp. 19-827, and amendments thereto,
who have satisfactorily completed the basic course of instruction required for permanent
appointment as a part-time law enforcement officer under K.S.A. 74-5607a and amendments
thereto.
(4) Subsection (1)(i) of this section shall not apply to or affect historical reenactors and
actors when engaged in performances and demonstrations. Provided, however, this subsection
shall only apply to those performances and demonstrations which have been approved in
advance in writing by the city manager or his designee.
(5) Subsection (1) (d), (e), (f), and (g) shall not apply to any person who sells, purchases,
possesses or carries a firearm, device or attachment which has been rendered unserviceable by
steel weld in the chamber and marriage weld of the barrel to the receiver and which has been
registered in the national firearms registration and transfer record in compliance with 26 U.S.C.
5841 et seq. in the name of such person and, if such person transfers such firearm, device or
attachment to another person, has been so registered in the transferee's name by the transferor.
(6) Subsections 1(d), 1(e), 1 (f), and 1 (g) shall not
apply to any person authorized to carry
a concealed firearm pursuant to the
Personal and Family Protection Act, K.S.A. 75-
7c01 through K.S.A. 75-7c18, and amendments thereto.
(7) Subsection 1 (d) shall not apply to licensed hunters or fishermen, while
engaged in hunting or fishing;
(8) It shall be a defense that the defendant is within an exemption.
(9) Any person who violates any of the provisions of this section within the corporate limits
of the city shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by
a fine not to exceed two thousand five hundred dollars or by imprisonment for not more than
one year, or by both such fine and imprisonment.
(10) In addition to the penalty for violation of any of the provisions of this section, it shall be
the duty of the municipal court judge:
(a) To order any weapon seized in connection with such violation which is not a firearm to
be forfeited to the city and the same shall be destroyed or caused to be destroyed by the chief of
police whenever the weapon is no longer needed for evidence;
(b) To order any weapon seized in connection with such violation when no longer needed for
evidentiary purposes, shall, in the discretion of the trial court, be:
(i) Destroyed:
(ii) Forfeited to the Wichita Police Department for use within the police department, for sale
to a properly licensed federal firearms dealer or for trading to a properly licensed federal
firearms dealer by the police department for other new or used firearms or accessories for the
Police Department’s use; or
(iii) Forfeited to the Kansas Bureau of Investigation for law enforcement, testing, comparison
or destruction by the Kansas Bureau of Investigation forensic laboratory.
If weapons are sold as authorized above, the proceeds from any such sale shall be
credited to the asset seizure and forfeiture fund of the Wichita Police Department. All
transactions involving weapons disposed of under this subsection must have the prior approval of
the city manager. All sales of weapons are subject to review by the city council;
(c) Any stolen weapon confiscated in connection with any violation of this section other than
subdivision (a) of this subsection shall be returned to the person entitled to possession, if known,
when the same is no longer needed for evidence. All other weapons shall be disposed of as
provided in subsection (9)(a) and (b) of this section.
Section 2. The original of Section 5.88.010 of the Code of the City of Wichita, Kansas, is
hereby repealed.
Section 3. This ordinance shall be included in the Code of the City of Wichita, Kansas, and shall
be effective upon its passage and publication once in the official city paper.
PASSED by the governing body of the City of Wichita, Kansas, this 26 day of June, 2007.
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Carl Brewer, Mayor
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Gary E. Rebenstorf
Director of Law and City Attorney