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GUNS 101

OVERVIEW OF THE WEAPONS ON
OUR CITY STREETS AND THE LAWS
     THAT GOVERN THEM
FEDERAL GUN LAW
•   FEDERAL LAW
•   The Gun Control Act of 1968, 18 U.S.C.
•   Chapter 44, provides in pertinent part as
•   follows:
     (1) It shall be unlawful for a person to sell,
•   deliver, or otherwise transfer to a person who the
•   transferor knows or has reasonable cause to believe is
•   a juvenile—
•   (A) a handgun; or
•   (B) ammunition that is suitable for use only in
•   a handgun.
STATE GUN LAW
•   21-6301. Criminal use of weapons. (a) Criminal use of weapons is knowingly:
•   (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;
•   (11) possession of 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;
PV Municipal Code Prohibits
       carrying of a Firearm when
•   (4) Carrying any pistol, revolver or other
•   firearm concealed on one’s person or exposed
•   except when on the person’s land or in
•   the person’s abode or fixed place of
•   business; Ord. 10.1.1- 10.1.4
•   (5) Transporting any firearm in an occupied
•   motor vehicle, unless such firearm is
•   unloaded and encased in a container
•   which completely encloses the firearm;
KANSAS CONCEALED CARRY LAW
• Concealed Carry
• In 2006 the Kansas Legislature passed the
  Personal and Family Protection Act. Since July
  2006, more than 55,000 Kansans have applied
  for concealed carry licenses. The first licenses
  were issued on January 3, 2007.
Conceal Carry Process
• Procedures to acquire a Conceal Carry License

• Attend a 8 hr handgun course sponsored by a
  certified instructor.
• Complete four page application for a
  Concealed Carry license.
Conceal Carry Process
• Submit the following to the County Sheriff
  where you reside - course certificate,
  application & two separate fees of $40
  (Sheriffs Adm Fee) & $110.00 (Attorney
  General processing fee)
• A photo taken within the preceding 30 days
Conceal Carry Process
• The Sheriffs office will take your fingerprints
  and application packet and forward it to the
  Attorney General office for a background
  check
• Within 180 days you will either receive your
  Conceal Carry License or a Denial letter
Conceal Carry Process
• The Sheriff or Chief Law Enforcement Officer
  in the jurisdiction in which you reside can
  deny the application for a conceal carry
  license for good cause
Concealed Carry Ks. Cont’d
CONCEALED CARRY RECIPROCITY
• (c) A valid license, issued by any other state or
  the District of Columbia, to carry a firearm
  shall be recognized as valid in
• this state, but only while the holder is not a
  resident of Kansas, if the attorney general
  determines that standards for issuance
• of such license or permit by such state or
  district are reasonably similar to or greater
  than the standards imposed by this act.
CONCEAL CARRY CONT’D

• A non-resident concealed carry licensee from
  a state recognized by the state of Kansas must
  1. be a resident of the state where the license
  was issued. 2. be able to show proof of
  licensure and residency from the state of
  issuance 3. abide by the Kansas concealed
  carry laws while in this state.
WHO’S PROHIBITED FROM
  OBTAINING A CONEALED CARRY
• Federal law will look to state law to
  determine if the individual has a qualifying
  felony “conviction” for that disqualification.
Concealed or Otherwise
• State law in Kansas prohibits individuals from
  possessing firearms for either 5 or 10 years (or
  forever) depending on the felony conviction
  and whether a firearm was possessed at the
  time (not necessarily used) of the felony.
Conceal Carry


• Federal law also prohibits individuals with
  misdemeanor crimes of domestic violence
  from possessing a firearm.
Conceal Carry
• Federal law, 18 USC 922(g) & (n) prohibits
  firearm possession or individuals with the
  following circumstances:
PROHIBITION CONT’D
•   Under indictment for/charged with a “crime punishable by a
•   term of imprisonment for more than 12 months;
•    Individuals who renounce their US citizenship;
•    Individuals who are unlawfully in the US;
•    Individuals who are not: (a) a US citizen; (b) a permanent
•   resident alien; or (c) a qualifying nonimmigrant alien;
•    Individuals who have been dishonorably discharged from the
•   US armed forces;
•    Individuals with qualifying protection orders against them;
•    Individuals who have been adjudicated as a mental defective
•   or been committed to a mental institution;
•    Individuals who are fugitives from justice; and
•    Individuals who are addicted to or unlawful users of
•   controlled substances.
Q&A
• Can a city, county or political subdivision post
  signs restricting the concealed?
• Answer: Yes. However, cities, counties and
  other political subdivisions may only post their
  BUILDINGS (Emphasis added)..
• Parks, parking lots, and other open public
  property is no longer able to be restricted
  through signage (conceal carry licensees)
Q&A
• Can I, as a Licensee, store a loaded handgun
  in my vehicle should I need to enter a
  property that is posted with the “no
  concealed carry” sign?

• Answer: Yes. There is no state law against
  having loaded firearms in an unoccupied
  vehicle
• In 2007 the “firearm transportation law”
  (K.S.A. 12-16,124) was amended so that the
  local ordinances and resolutions regarding
  transportation of firearms do not apply to
  concealed carry Licensees.
Q&A
• Can I, as a Licensee, remove my loaded
  handgun from its concealed position if I am
  traveling in my vehicle and not be subject to
  criminal violations?

• Answer: Yes. Again, the changes to the
  transportation law allow a Licensee to remove
  the handgun from a concealed position while
  they are traveling
Guns On School Property
• I’ve heard that there is a law requiring me to
  keep any firearm outside of 1,000 feet of a
  school…as a licensee of Kansas, is this true?

• Answer: No, Kansas licensees have a built in
  exception to the general rule…licensees from
  other states, however, do not have this same
  exception while traveling in Kansas.
Guns On School Property
• Schools can obtain signage from the Attorney
  General Office to place on its buildings
  prohibiting all guns in the school.
• This signage does not apply to the parking lot
  of the school if a person has a Ks. Conceal
  Carry License.
PURCHASING A GUN IN KS.

• BUYER MUST MEET REQ OF STATE LAWS
  GOVERNING OWNERSHIP OF A WEAPON
• HAVE A VALID STATE ID CARD
• FILL OUT AN APPLICATION TO PURCHASE A
  FIREARM THAT IS COMPLETED ONLINE IN
  PLACES LIKE CABELAS AND BASS PRO
• FORM IS RECEIVED BY THE ATF VIA
  COMPUTER AND APPROVED OR DENIED
PURCHASING A GUN CONT’D
• ONCE APPROVED BUYER PICKS THE GUN THEY
  WANT AND PURCHASES THE WEAPON. BUYER
  MAY BUY AMMUNITION AND TAKE THE
  WEAPON HOME THAT DAY.
• BUYER MAY TRANSPORT GUN HOME OR TO
  GUN RANGE SO LONG AS IT IS SECURED IN A
  CASE AND NOT LOADED.
PURCHASING A GUN CONT’D
• PURCHASING A GUN AT A GUN SHOW OR
  GUN SHOP WORKS THE SAME IN THE STATE
  OF KANSAS.
• OUT OF STATE RESIDENTS (INCLUDING MO.)
  MUST COMPLETE THE SAME PAPERWORK.
• OUT OF STATE RES. MUST ALSO SECURE A
  CLASS 3 DEALER TO ACCEPT THE TRANSFER OF
  THE WEAPON TO THAT STATE TO PURCHASE IT
PURCHASING A GUN CONT’D
• ONCE THE TRANSFER IS MADE, THE OUT OF
  STATE RESIDENT GOES TO THE DEALER OR
  STORE WHERE THE WEAPON IS AND
  PRESENTS A VALID STATE ID AND PICKS THE
  GUN UP.
• KANSAS RESIDENTS BUYING WEAPONS IN MO.
  MUST GO THROUGH THE SAME PROCESS
WEAPON TYPES
• REVOLVER
• ALSO KNOWN AS A WHEEL GUN OR NON
  SEMI-AUTO GUN
• USUALLY CAPABLE OF FIRING FROM 2-7
  SINGLE AMMUNITION CARTRIDGES
• COMMON CALIBERS ARE .22, .25, 38,44, 357
REVOLVER
REVOLVER
SEMI AUTO PISTOL
• CAPABLE OF HOLDING MULTIPLE CARTRIDGES
  FROM 4-20
• EXPENDS A USED CARTRIDGE AND
  AUTOMATICALLY LOADS THE NEXT INTO THE
  CHAMBER TO BE FIRED
• USUALLY FIRES FASTER THAN REVOLVERS
COLT .45 SEMI-AUTO PISTOL
SEMI-AUTO PISTOL CUTOUT
SHOTGUNS
• USUALLY MANUAL PUMP ACTION TO FIRE BUT
  CAN BE SEMI-AUTO AS WELL
• CARTRIDGES THAT FIRE PELLETS OF SINGLE TO
  MULTIPLE PROJECTILES
12 GUAGE PUMP SHOTGUN
12 GUAGE PUMP SHOTGUN
HUNTING RIFLES
• VARIOUS CALIBERS INTENDED TO KILL
  VARIOUS TYPES OF ANIMALS
• MANUAL ACTION FIRING ONE CARTRIDGE AT
  A TIME
• USUALLY HOLDS LESS THAN 10 CARTRIGES AT
  A TIME
.308 HUNTING RIFLES
ASSAULT RIFLES
• USE A MAGAZINE WHICH HOLDS MULTIPLE
  ROUNDS
• ABLE TO FIRE ACCURATELY IN QUICK SUCCESION
  WITH THE PULL OF A TRIGGER
• NOT TYPICALLY USED TO HUNT ANIMALS BUT
  HAVE BECOME MORE COMMON IN RECENT
  YEARS
• ROUNDS ARE DESIGNED TO INFLICT DEBILITATING
  DAMAGE TO HUMANS ON THE BATTLE FIELD
AK-47 ASSAULT RIFLE
RUSSIAN SKS ASSAULT RIFLE
BUSHMASTER .223 ASSAULT RIFLE
PVPD ARMORMANT
COLT M-4 .223 RIFLE
M&P 40 CAL. SEMI-AUTO PISTOL
REMINGTON 870 SHOTGUN/LESS
         LETHAL

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Guns 101 council presentation 2013

  • 1. GUNS 101 OVERVIEW OF THE WEAPONS ON OUR CITY STREETS AND THE LAWS THAT GOVERN THEM
  • 2. FEDERAL GUN LAW • FEDERAL LAW • The Gun Control Act of 1968, 18 U.S.C. • Chapter 44, provides in pertinent part as • follows: (1) It shall be unlawful for a person to sell, • deliver, or otherwise transfer to a person who the • transferor knows or has reasonable cause to believe is • a juvenile— • (A) a handgun; or • (B) ammunition that is suitable for use only in • a handgun.
  • 3. STATE GUN LAW • 21-6301. Criminal use of weapons. (a) Criminal use of weapons is knowingly: • (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; • (11) possession of 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;
  • 4. PV Municipal Code Prohibits carrying of a Firearm when • (4) Carrying any pistol, revolver or other • firearm concealed on one’s person or exposed • except when on the person’s land or in • the person’s abode or fixed place of • business; Ord. 10.1.1- 10.1.4 • (5) Transporting any firearm in an occupied • motor vehicle, unless such firearm is • unloaded and encased in a container • which completely encloses the firearm;
  • 5. KANSAS CONCEALED CARRY LAW • Concealed Carry • In 2006 the Kansas Legislature passed the Personal and Family Protection Act. Since July 2006, more than 55,000 Kansans have applied for concealed carry licenses. The first licenses were issued on January 3, 2007.
  • 6. Conceal Carry Process • Procedures to acquire a Conceal Carry License • Attend a 8 hr handgun course sponsored by a certified instructor. • Complete four page application for a Concealed Carry license.
  • 7. Conceal Carry Process • Submit the following to the County Sheriff where you reside - course certificate, application & two separate fees of $40 (Sheriffs Adm Fee) & $110.00 (Attorney General processing fee) • A photo taken within the preceding 30 days
  • 8. Conceal Carry Process • The Sheriffs office will take your fingerprints and application packet and forward it to the Attorney General office for a background check • Within 180 days you will either receive your Conceal Carry License or a Denial letter
  • 9. Conceal Carry Process • The Sheriff or Chief Law Enforcement Officer in the jurisdiction in which you reside can deny the application for a conceal carry license for good cause
  • 11. CONCEALED CARRY RECIPROCITY • (c) A valid license, issued by any other state or the District of Columbia, to carry a firearm shall be recognized as valid in • this state, but only while the holder is not a resident of Kansas, if the attorney general determines that standards for issuance • of such license or permit by such state or district are reasonably similar to or greater than the standards imposed by this act.
  • 12. CONCEAL CARRY CONT’D • A non-resident concealed carry licensee from a state recognized by the state of Kansas must 1. be a resident of the state where the license was issued. 2. be able to show proof of licensure and residency from the state of issuance 3. abide by the Kansas concealed carry laws while in this state.
  • 13. WHO’S PROHIBITED FROM OBTAINING A CONEALED CARRY • Federal law will look to state law to determine if the individual has a qualifying felony “conviction” for that disqualification.
  • 14. Concealed or Otherwise • State law in Kansas prohibits individuals from possessing firearms for either 5 or 10 years (or forever) depending on the felony conviction and whether a firearm was possessed at the time (not necessarily used) of the felony.
  • 15. Conceal Carry • Federal law also prohibits individuals with misdemeanor crimes of domestic violence from possessing a firearm.
  • 16. Conceal Carry • Federal law, 18 USC 922(g) & (n) prohibits firearm possession or individuals with the following circumstances:
  • 17. PROHIBITION CONT’D • Under indictment for/charged with a “crime punishable by a • term of imprisonment for more than 12 months; • Individuals who renounce their US citizenship; • Individuals who are unlawfully in the US; • Individuals who are not: (a) a US citizen; (b) a permanent • resident alien; or (c) a qualifying nonimmigrant alien; • Individuals who have been dishonorably discharged from the • US armed forces; • Individuals with qualifying protection orders against them; • Individuals who have been adjudicated as a mental defective • or been committed to a mental institution; • Individuals who are fugitives from justice; and • Individuals who are addicted to or unlawful users of • controlled substances.
  • 18. Q&A • Can a city, county or political subdivision post signs restricting the concealed? • Answer: Yes. However, cities, counties and other political subdivisions may only post their BUILDINGS (Emphasis added).. • Parks, parking lots, and other open public property is no longer able to be restricted through signage (conceal carry licensees)
  • 19. Q&A • Can I, as a Licensee, store a loaded handgun in my vehicle should I need to enter a property that is posted with the “no concealed carry” sign? • Answer: Yes. There is no state law against having loaded firearms in an unoccupied vehicle • In 2007 the “firearm transportation law” (K.S.A. 12-16,124) was amended so that the local ordinances and resolutions regarding transportation of firearms do not apply to concealed carry Licensees.
  • 20. Q&A • Can I, as a Licensee, remove my loaded handgun from its concealed position if I am traveling in my vehicle and not be subject to criminal violations? • Answer: Yes. Again, the changes to the transportation law allow a Licensee to remove the handgun from a concealed position while they are traveling
  • 21. Guns On School Property • I’ve heard that there is a law requiring me to keep any firearm outside of 1,000 feet of a school…as a licensee of Kansas, is this true? • Answer: No, Kansas licensees have a built in exception to the general rule…licensees from other states, however, do not have this same exception while traveling in Kansas.
  • 22. Guns On School Property • Schools can obtain signage from the Attorney General Office to place on its buildings prohibiting all guns in the school. • This signage does not apply to the parking lot of the school if a person has a Ks. Conceal Carry License.
  • 23. PURCHASING A GUN IN KS. • BUYER MUST MEET REQ OF STATE LAWS GOVERNING OWNERSHIP OF A WEAPON • HAVE A VALID STATE ID CARD • FILL OUT AN APPLICATION TO PURCHASE A FIREARM THAT IS COMPLETED ONLINE IN PLACES LIKE CABELAS AND BASS PRO • FORM IS RECEIVED BY THE ATF VIA COMPUTER AND APPROVED OR DENIED
  • 24. PURCHASING A GUN CONT’D • ONCE APPROVED BUYER PICKS THE GUN THEY WANT AND PURCHASES THE WEAPON. BUYER MAY BUY AMMUNITION AND TAKE THE WEAPON HOME THAT DAY. • BUYER MAY TRANSPORT GUN HOME OR TO GUN RANGE SO LONG AS IT IS SECURED IN A CASE AND NOT LOADED.
  • 25. PURCHASING A GUN CONT’D • PURCHASING A GUN AT A GUN SHOW OR GUN SHOP WORKS THE SAME IN THE STATE OF KANSAS. • OUT OF STATE RESIDENTS (INCLUDING MO.) MUST COMPLETE THE SAME PAPERWORK. • OUT OF STATE RES. MUST ALSO SECURE A CLASS 3 DEALER TO ACCEPT THE TRANSFER OF THE WEAPON TO THAT STATE TO PURCHASE IT
  • 26. PURCHASING A GUN CONT’D • ONCE THE TRANSFER IS MADE, THE OUT OF STATE RESIDENT GOES TO THE DEALER OR STORE WHERE THE WEAPON IS AND PRESENTS A VALID STATE ID AND PICKS THE GUN UP. • KANSAS RESIDENTS BUYING WEAPONS IN MO. MUST GO THROUGH THE SAME PROCESS
  • 27. WEAPON TYPES • REVOLVER • ALSO KNOWN AS A WHEEL GUN OR NON SEMI-AUTO GUN • USUALLY CAPABLE OF FIRING FROM 2-7 SINGLE AMMUNITION CARTRIDGES • COMMON CALIBERS ARE .22, .25, 38,44, 357
  • 30. SEMI AUTO PISTOL • CAPABLE OF HOLDING MULTIPLE CARTRIDGES FROM 4-20 • EXPENDS A USED CARTRIDGE AND AUTOMATICALLY LOADS THE NEXT INTO THE CHAMBER TO BE FIRED • USUALLY FIRES FASTER THAN REVOLVERS
  • 33. SHOTGUNS • USUALLY MANUAL PUMP ACTION TO FIRE BUT CAN BE SEMI-AUTO AS WELL • CARTRIDGES THAT FIRE PELLETS OF SINGLE TO MULTIPLE PROJECTILES
  • 34. 12 GUAGE PUMP SHOTGUN
  • 35. 12 GUAGE PUMP SHOTGUN
  • 36. HUNTING RIFLES • VARIOUS CALIBERS INTENDED TO KILL VARIOUS TYPES OF ANIMALS • MANUAL ACTION FIRING ONE CARTRIDGE AT A TIME • USUALLY HOLDS LESS THAN 10 CARTRIGES AT A TIME
  • 38. ASSAULT RIFLES • USE A MAGAZINE WHICH HOLDS MULTIPLE ROUNDS • ABLE TO FIRE ACCURATELY IN QUICK SUCCESION WITH THE PULL OF A TRIGGER • NOT TYPICALLY USED TO HUNT ANIMALS BUT HAVE BECOME MORE COMMON IN RECENT YEARS • ROUNDS ARE DESIGNED TO INFLICT DEBILITATING DAMAGE TO HUMANS ON THE BATTLE FIELD
  • 43. COLT M-4 .223 RIFLE
  • 44. M&P 40 CAL. SEMI-AUTO PISTOL