Guns 101 council presentation 2013

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.


• 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


• 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


• 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 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


• 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

Documents

Guns 101 council presentation 2013