Law Review and Bar Journal References:

"The Concealed Firearm—Some Original Issues for Kansas," Mike Foust, 10 W.L.J. 139, 140, 142 (1970).

"Municipal Corporations—Home Rule—City Ordinance Concerning Weapon Control Is Within the Scope of the Kansas Home Rule Amendment," 24 K.L.R. 421, 427 (1976).

"Fifteen Years of Home Rule in Kansas Municipalities," Murray E. Anderson, 16 W.L.J. 360, 371 (1977).

"Felony Murder in Kansas," S. Jill Weinlood, 26 K.L.R. 145, 160 (1977).

Mandatory minimum terms for crimes involving firearms, 26 K.L.R. 277, 281 (1978).

"Home Rule in a Nutshell," Sandra Craig McKenzie, 48 K.L.R. 1005 (2000).

"2002 Legislative Wrap Up," Paul T. Davis, 71 J.K.B.A. No. 7, 15 (2002).

"Packing Heat: The Personal and Family Protection Act," Mary D. Feighny, 76 J.K.B.A. No. 4, 21 (2007).

Attorney General's Opinions:

Search and seizure; custody and disposition of property seized. 79-36.

Sheriff; special deputies in counties over 100,000. 82-62.

Crimes against the public safety; possession of firearm at a person's fixed place of business. 82-238.

Private investigative or security operations; law enforcement officers ineligible for license. 82-271.

Crimes against the public safety; unlawful use of weapons; exemption for reserve police officers while on duty. 84-104.

Unlawful use of weapons; law enforcement officer exception. 94-18.

Purchase, sale and possession of tear gas or pepper mace for self-defense is not proscribed by statutes. 94-114.

Prisoner transport officer in county department of corrections; authority to carry weapon. 96-69.

Citizens right to carry concealed weapons. 97-17.

Community correctional officer is not a "law enforcement officer" under private investigative or security operations act. 98-27.

K.S.A. 21-4201 and 75-7c01 do not exempt hunters from complying with K.S.A. 32-1003 prohibiting spotlighting wildlife or K.A.R. 115-4-4. 2007-40.

Federal gun control act does not preempt K.S.A. 21-4201; firearm dealers must abide by silencer and automatic weapons prohibitions. 2007-41.

Limitations of a prosecutor's authority to carry a concealed firearm discussed. 2009-20.

CASE ANNOTATIONS

1. Ordinance more restrictive than K.S.A. 21-4201 upheld. City of Junction City v. Lee, 216 Kan. 495, 500, 504, 505, 506, 532 P.2d 1292.

2. Subsection (1)(b) construed; intentional carrying of weapon constitutes a complete offense; conviction under K.S.A. 21-4202 upheld. State v. Lassley, 218 Kan. 752, 754, 756, 545 P.2d 379.

3. Applied in dissenting opinion; conviction of felony murder affirmed. State v. Goodseal, 220 Kan. 487, 507, 553 P.2d 279.

4. Aggravated battery and aggravated weapons violations convictions; no trial errors justifying new trial. State v. Wright, 221 Kan. 132, 133, 137, 140, 557 P.2d 1267.

5. Section cited; trial court did not err in failing to instruct on lesser included offenses of crime charged (K.S.A. 21-4204). State v. Hoskins, 222 Kan. 436, 438, 439, 440, 565 P.2d 608.

6. Section cited; conviction involving carrying of concealed weapon by reserve policeman from Missouri. State v. Racey, 225 Kan. 404, 409, 590 P.2d 1064.

7. City ordinance prohibiting anyone from carrying firearms within city limits held unconstitutionally broad; judgment affirmed. City of Junction City v. Mevis, 226 Kan. 526, 530, 601 P.2d 1145.

8. Cited; change of venue denied; determination within sound discretion of trial court and will not be disturbed without showing prejudice to substantial rights of defendant. State v. Allen, 4 Kan. App. 2d 534, 609 P.2d 219.

9. Crime involving use of firearm under K.S.A. 21-4618 not controlled by any definition that may be found by reference to this section. Poore v. State, 5 Kan. App. 2d 201, 213, 613 P.2d 963.

10. Individual engaging in unofficial narcotics investigation is not exempted as a law enforcement officer because of commission as a special deputy or school security guard. State v. Hargis, 5 Kan. App. 2d 608, 609, 611, 620 P.2d 1181.

11. Constitutionality of subsection (1)(d) upheld; not overbroad, oppressive or unreasonable exercise of police power. State v. Doile, 7 Kan. App. 2d 722, 723, 648 P.2d 262 (1982).

12. County attorney requested to assist not liable for false arrest because of concealed weapon on his person. Mendoza v. Reno County, 235 Kan. 692, 695, 681 P.2d 676 (1984).

13. Possession of all pieces of disassembled shotgun with barrel less than 18 inches and easily reassembled supports conviction. State v. Kulper, 12 Kan. App. 2d 301, 744 P.2d 519 (1987).

14. "Totality of the circumstances" indicating adequacy of affidavit submitted in support of search warrant examined. State v. Toler, 246 Kan. 269, 787 P.2d 711 (1990).

15. Requirement of an imminently dangerous situation before giving a defense-of-another instruction examined. State v. Hernandez, 253 Kan. 705, 706, 861 P.2d 814 (1993).

16. Whether defendant's firearm in car was sufficiently secured to fit into exception examined. State v. Bennett, 20 Kan. App. 2d 767, 776, 892 P.2d 522 (1995).

17. No error in trial court's refusal to instruct jury on unlawful use of weapons as a lesser included offense of aggravated weapons violation. State v. Sanders, 258 Kan. 409, 417, 904 P.2d 951 (1995).

18. Section held not to be unconstitutionally vague or overbroad. State v. Neighbors, 21 Kan. App. 2d 824, 826, 908 P.2d 649 (1995).

19. Evidence was sufficient to convict defendant of unlawful use of a weapon. State v. Kaiser, 260 Kan. 235, 244, 918 P.2d 629 (1996).

20. Proof of a specific intent not required; specific intent distinguished from general intent. State v. Esher, 22 Kan. App. 2d 779, 784, 922 P.2d 1123 (1996).

21. Defendant's knowledge of length of shotgun barrel not essential element of knowingly possessing shotgun with barrel less than 18 inches. State v. Gillon, 25 Kan. App. 2d 809, 974 P.2d 1115 (1999).

22. Cited; an ordinance's requirement that prohibited conduct be performed "knowingly" states the requisite intent. Steffes v. City of Lawrence, 284 Kan. 380, 390, 160 P.3d 843 (2007).

23. Conviction hereunder; comb-knife not a pocket knife but a dangerous knife as discussed by court. State v. Moore, 38 Kan. App. 2d 980, 981, 982, 984, 985, 987, 174 P.3d 899 (2008).

24. Conviction under K.S.A. 21-4202(a)(2) reversed; prior burglary conviction not proven to be burglary of a dwelling. State v. Roose, 41 Kan. App. 2d 435, 203 P.3d 18 (2009).

25. Concealed weapon law not in violation of constitutional rights. State v. Knight, 42 Kan. App. 2d 893, 218 P.3d 1177 (2009).