Session of 1999
         
HOUSE BILL No. 2202
         
By Committee on Education
         
2-1
         

  9             AN  ACT concerning the weapon-free schools act; revising the definition
10             of weapon; amending K.S.A. 1998 Supp. 72-89a01 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. 1998 Supp. 72-89a01 is hereby amended to read
15       as follows: 72-89a01. As used in this act:
16             (a) "Board of education" means the board of education of a unified
17       school district or the governing authority of an accredited nonpublic
18       school.
19             (b) "School" means a public school or an accredited nonpublic school.
20             (c) "Public school" means a school operated by a unified school dis-
21       trict organized under the laws of this state.
22             (d) "Accredited nonpublic school" means a nonpublic school partic-
23       ipating in the quality performance accreditation system.
24             (e) "Chief administrative officer of a school" means, in the case of a
25       public school, the superintendent of schools and, in the case of an ac-
26       credited nonpublic school, the person designated as chief administrative
27       officer by the governing authority of the school.
28             (f) "Federal law" means the individuals with disabilities education
29       act, section 504 of the rehabilitation act, the gun-free schools act of 1994,
30       and regulations adopted pursuant to such acts.
31             (g) "Secretary of education" means the secretary of the United States
32       department of education.
33             (h) "Weapon" means (1) any weapon which will or is designed to or
34       may readily be converted to expel a projectile by the action of an explo-
35       sive; (2) the frame or receiver of any weapon described in the preceding
36       example; (3) any firearm muffler or firearm silencer; (4) any explosive,
37       incendiary, or poison gas (A) bomb, (B) grenade, (C) rocket having a
38       propellant charge of more than four ounces, (D) missile having an explo-
39       sive or incendiary charge of more than 14 ounce (E) mine, or (F) similar
40       device; (5) any weapon which will, or which may be readily converted to,
41       expel a projectile by the action of an explosive or other propellant, and
42       which has any barrel with a bore of more than 12 inch in diameter; (6)
43       any combination of parts either designed or intended for use in converting
44       any device into any destructive device described in the two immediately
45       preceding examples, and from which a destructive device may be readily
46       assembled; (7) any bludgeon, sandclub, metal knuckles or throwing star;
47       (8) any knife, commonly referred to as a switch-blade, which has a blade
48       that opens automatically by hand pressure applied to a button, spring or
49       other device in the handle of the knife, or any knife having a blade that
50       opens or falls or is ejected into position by the force of gravity or by an
51       outward, downward or centrifugal thrust or movement. The term
52       "weapon" does not include within its meaning (1) an antique firearm; (2)
53       a rifle which the owner intends to use solely for sporting, recreational, or
54       cultural purposes; (3) any device which is neither designed nor redesigned
55       for use as a weapon; (4) (3) any device, although originally designed for
56       use as a weapon, which is redesigned for use as a signaling, pyrotechnic,
57       line throwing, safety, or similar device; (5) (4) surplus ordinance sold,
58       loaned, or given by the secretary of the army pursuant to the provisions
59       of section 4684(2), 4685, or 4686 of title 10 of the United States Code;
60       (6) (5) class C common fireworks. 
61       Sec.  2. K.S.A. 1998 Supp. 72-89a01 is hereby repealed.
62        Sec.  3. This act shall take effect and be in force from and after its
63       publication in the statute book.