ORDINANCE NO.   7984

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS AMENDING SECTION 14-408(D) OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2003 EDITION PROVIDING AN ADDITIONAL EXCEPTION TO THE PROHIBITION AGAINST THE POSSESSION OF CERTAIN WEAPONS WITHIN OR IN CLOSE PROXIMITY TO DRINKING ESTABLISHMENTS.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

Section 1.  Section 14-408(D) of the Code of the City of Lawrence, Kansas, 2003 edition is amended to read as follows:

(D) The provisions of this section concerning the possession of firearms shall not apply to:

(1) Business owners and their employees while they are on the premises of their fixed place of business.

(2) Law enforcement officers or others entitled to carry concealed firearms in the locations that they are lawfully authorized to carry such firearms.

(3) Members of the United States Armed Forces or Kansas National Guard during or in conjunction with the actual performance of their official duties. 

(4) An unloaded firearm within a vehicle so long as the firearm is within a container that completely encloses the firearm.

(5) An unloaded firearm possessed by an individual who does not contemporaneously possess any ammunition for the firearm contained in any ammunition clip, magazine, speed loader, drum or other device that allows for the rapid loading of the firearm provided that such firearm is not possessed within a drinking establishment.

(6) Individuals whose residence is within close proximity to the area where the firearm is possessed if such firearm is not possessed within a drinking establishment.

(7) Firearms that may not be lawfully possessed.  The possession of such firearms may be prosecuted under the specific laws rendering their possession illegal.

(8) Firearms that only incidentally pass through an area regulated by this section.  A firearm incidentally passes through a regulated area if the possessor does not voluntarily interrupt his or her continuous travel through the regulated area.  Pausing on the roadway due to traffic control devices or traffic conditions shall not be considered voluntary interruption of travel.

(9) Firearms possessed while on the premises of a lawfully operating firing range or target range with a fixed place of business.

Section  2.   Severability.  If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.

Section 3.  Effective Date.  This ordinance shall take effect and be in full force and effect following its adoption and publication as provided by law.

Adopted this  day of  , 2006.

PASSED:

Dennis Highberger, Mayor

ATTEST:

Frank S. Reeb, City Clerk

APPROVED AS TO FORM AND LEGALITY:

David L. Corliss, Assistant City Manager

and Director of Legal Services