[As Amended by Senate Committee of the
Whole]
Session of 1998
SENATE BILL No. 607
By Committee on Judiciary
2-9
10
AN ACT concerning crimes and punishment; relating to
criminal use of
11 [explosives and
criminal use of] weapons; certain explosive mate-
12 rials; amending
[K.S.A. 21-3731 and] K.S.A. 1997 Supp. 21-4201
and
13 repealing the existing
section [sections].
14
15 Be it enacted by the Legislature of the
State of Kansas:
16 [Section 1. K.S.A.
21-3731 is hereby amended to read as fol-
17 lows: 21-3731. (a) Criminal use of
explosives is the possession, man-
18 ufacture or transportation of
commercial explosives; chemical com-
19 pounds that form explosives;
incendiary or explosive material,
20 liquid or solid; detonators; blasting
caps; military explosive fuse
21 assemblies; squibs; or electric match
or functional improvised fuse
22 assemblies; or any
completed explosive devices commonly known as pipe
23 bombs or molotov cocktails.
For purposes of this section, explosives
24 shall not include class ``c''
fireworks, legally obtained and trans-
25 ferred commercial explosives by
licensed individuals and ammuni-
26 tion and commercially available
loading powders and products
27 used as ammunition.
28 [(b) (1) Criminal
use of explosives as defined in subsection (a)
29 is a severity level 8, person
felony.
30 [(2) Criminal use
of explosives as defined in subsection (a) if:
31 (A) The possession, manufacture or
transportation is intended to be
32 used to commit a crime or is
delivered to another with knowledge
33 that such other intends to use such
substance to commit a crime;
34 (B) a public safety officer is placed
at risk to defuse such explosive;
35 or (C) the explosive is introduced
into a building in which there is
36 another human being, is a severity
level 6, person felony.]
37
Section 1 [Sec. 2]. K.S.A.
1997 Supp. 21-4201 is hereby amended
38 to read as follows: 21-4201. (a) Criminal
use of weapons is knowingly:
39 (1) Selling,
manufacturing, purchasing, possessing or carrying any
40 bludgeon, sandclub, metal knuckles or
throwing star, or any knife, com-
41 monly referred to as a switch-blade, which
has a blade that opens auto-
42 matically by hand pressure applied to a
button, spring or other device in
43 the handle of the knife, or any knife
having a blade that opens or falls or
SB 607--Am. by SCW
2
1 is ejected into position by the force
of gravity or by an outward, downward
2 or centrifugal thrust or
movement;
3 (2) carrying
concealed on one's person, or possessing with intent to
4 use the same unlawfully against
another, a dagger, dirk, billy, blackjack,
5 slung shot, dangerous knife,
straight-edged razor, stiletto or any other
6 dangerous or deadly weapon or
instrument of like character, except that
7 an ordinary pocket knife with no
blade more than four inches in length
8 shall not be construed to be a
dangerous knife, or a dangerous or deadly
9 weapon or instrument;
10 (3) carrying on one's
person or in any land, water or air vehicle, with
11 intent to use the same unlawfully, a tear
gas or smoke bomb or projector
12 or any object containing a noxious liquid,
gas or substance;
13 (4) carrying any pistol,
revolver or other firearm concealed on one's
14 person except when on the person's land or
in the person's abode or fixed
15 place of business;
16 (5) setting a spring
gun;
17 (6) possessing any
device or attachment of any kind designed, used
18 or intended for use in silencing the report
of any firearm;
19 (7) selling,
manufacturing, purchasing, possessing or carrying a shot-
20 gun with a barrel less than 18 inches in
length or any other firearm de-
21 signed to discharge or capable of
discharging automatically more than
22 once by a single function of the trigger;
or
23 (8) possessing,
manufacturing, causing to be manufactured, selling,
24 offering for sale, lending, purchasing or
giving away any cartridge which
25 can be fired by a handgun and which has a
plastic-coated bullet that has
26 a core of less than 60% lead by
weight; or.
27 (9) possessing
or transporting any incendiary or explosive material,
28 liquid, solid or mixture, equipped
with a fuse, wick or any other detonat-
29 ing device, commonly known as a
molotov cocktail or a pipe bomb.
30 (b) Subsections (a)(1),
(2), (3), (4) and (7) shall not apply to or affect
31 any of the following:
32 (1) Law enforcement
officers, or any person summoned by any such
33 officers to assist in making arrests or
preserving the peace while actually
34 engaged in assisting such officer;
35 (2) wardens,
superintendents, directors, security personnel and keep-
36 ers of prisons, penitentiaries, jails and
other institutions for the detention
37 of persons accused or convicted of crime,
while acting within the scope
38 of their authority;
39 (3) members of the armed
services or reserve forces of the United
40 States or the Kansas national guard while
in the performance of their
41 official duty; or
42 (4) manufacture of,
transportation to, or sale of weapons to a person
43 authorized under subsections (b)(1), (2)
and (3) to possess such weapons.
SB 607--Am. by SCW
3
1 (c) Subsection
(a)(4) shall not apply to or affect the following:
2 (1) Watchmen,
while actually engaged in the performance of the du-
3 ties of their employment;
4 (2) licensed
hunters or fishermen, while engaged in hunting or fish-
5 ing;
6 (3) private
detectives licensed by the state to carry the firearm in-
7 volved, while actually engaged in the
duties of their employment;
8 (4) detectives or
special agents regularly employed by railroad com-
9 panies or other corporations to
perform full-time security or investigative
10 service, while actually engaged in the
duties of their employment;
11 (5) the state fire
marshal, the state fire marshal's deputies or any
12 member of a fire department authorized to
carry a firearm pursuant to
13 K.S.A. 31-157 and amendments thereto, while
engaged in an investigation
14 in which such fire marshal, deputy or
member is authorized to carry a
15 firearm pursuant to K.S.A. 31-157 and
amendments thereto; or
16 (6) special deputy
sheriffs described in K.S.A. 1997 Supp. 19-827 who
17 have satisfactorily completed the basic
course of instruction required for
18 permanent appointment as a part-time law
enforcement officer under
19 K.S.A. 74-5607a and amendments thereto.
20 (d) Subsections (a)(1),
(6) and (7) shall not apply to any person who
21 sells, purchases, possesses or carries a
firearm, device or attachment
22 which has been rendered unserviceable by
steel weld in the chamber and
23 marriage weld of the barrel to the receiver
and which has been registered
24 in the national firearms registration and
transfer record in compliance
25 with 26 U.S.C. 5841 et seq. in the
name of such person and, if such person
26 transfers such firearm, device or
attachment to another person, has been
27 so registered in the transferee's name by
the transferor.
28 (e) Subsection (a)(8)
shall not apply to a governmental laboratory or
29 solid plastic bullets.
30 (f) It shall be a
defense that the defendant is within an exemption.
31 (g) Violation of
subsections (a)(1) through (a)(5) or subsection
(a)(9)
32 is a class A nonperson misdemeanor.
Violation of subsection (a)(6), (a)(7)
33 or (a)(8) is a severity level 9, nonperson
felony.
34 (h) As used in this
section, ``throwing star'' means any instrument,
35 without handles, consisting of a metal
plate having three or more radiating
36 points with one or more sharp edges and
designed in the shape of a
37 polygon, trefoil, cross, star, diamond or
other geometric shape, manufac-
38 tured for use as a weapon for throwing.
39 Sec. 2.
[3. K.S.A. 21-3731 and] K.S.A. 1997 Supp.
21-4201 is [are]
40 hereby repealed.
41 Sec. 3
[4]. This act shall take effect and be in force
from and after
42 its publication in the statute book.
43
44