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Article I. Weapons

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(a) Definitions. As used in this section:

“Replica” or “facsimile” means “imitation firearm,” as defined in K.S.A. 12-16,115, and means a replica of a firearm which is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm. The term “imitation firearm” does not include:

(1) A nonfiring collector’s replica of an antique firearm which was designed prior to 1898, is historically significant and is offered for sale in conjunction with a wall plaque or presentation case;

(2) A nonfiring collector’s replica of a firearm which was designed after 1898, is historically significant, was issued as a commemorative by a nonprofit organization and is offered for sale in conjunction with a wall plaque or presentation case; or

(3) A pneumatic, spring, spring-air or compressed-gas powered nonpowdered gun that is commonly called an air gun and is designed to discharge BBs, pellets or paint balls.

(b) It shall be unlawful for any person to draw, exhibit or brandish a replica or facsimile of a firearm in a rude, insolent, threatening or angry manner with the intent to frighten, vex, harass or annoy any other person.

(c) It shall be unlawful for any person to draw, exhibit or brandish a replica or facsimile of a firearm in the presence of a law enforcement officer, firefighter, emergency technician or paramedic engaged in the performance of his duties.

(d) Any replica or facsimile of a firearm used by any person in a rude, insolent, threatening or angry manner shall be seized and forfeited to the City.

(e) Any person convicted of violating this section shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than $150.00. (Code 1981 § 15-93.1. Code 1995 § 54-104.)

Cross References:Fire Department, TMC 2.20.030; Police Department, TMC 2.20.090.