THE BOARD OF COUNTY COMMISSIONERS

OF

FRANKLIN COUNTY, KANSAS

 

RESOLUTION   06 - 76

 

            A RESOLUTION RESTRICTING WEAPONS ON COUNTY PREMISES

 

WHEREAS, K.S.A. 19-101, provides that a county may exercise the powers of home rule to determine its local affairs and government authorization under the provisions of K.S.A. 19-101a; and

 

WHEREAS, the County desires to adopt a policy prohibiting weapons on all county premises and this is a permissible exercise of home rule power, pursuant to K.S.A. 19-101a;

 

WHEREAS, the Board of County Commissioners believes that this promotes the health and safety of the County is in the best interests of the County employees and the County;

 

 

THEREFORE, BE IT RESOLVED

BY

  THE BOARD OF FRANKLIN COUNTY COMMISSIONERS,

 

The Board prohibits employees or members of the public from possessing, carrying, or using weapons on property owned by or under the control of the County not including county maintained road right of ways.  Violations of this policy may result in disciplinary action, up to and including termination of employment or expulsion of visitors or legal action.  Members of the public may be asked to leave County property, and if they refuse to do so, such refusal shall be deemed an unlawful trespass.  Violations of this policy shall be deemed to be a Class B Misdemeanor and shall be punishable upon conviction by a fine of up to $500.00 and/or a jail sentence of up to six months in the county jail.

 

For the purpose of this policy, “weapons” is defined as:

 

  1. Any object or device which will or may be readily converted to, expel bullet, shot or sell by the action of an explosive or other propellant, and which has any barrel with a bore of more then ½ inch in diameter;
  2. Any pistol, revolver, rifle, shotgun or other firearm of any nature;
  3. Any explosive, incendiary or poison gas (A) bomb, (B) mine, (C) grenade, or (D) rocket having a propellant charge or more than four ounces, or (E) missile having an explosive or incendiary charge of more then ¼ ounce;
  4. Any incendiary or explosive material, liquid, solid or mixture equipped with a fuse, wick or other detonating device;
  5. Any tear gas bomb or smoke bomb; however, person self-defense items containing mace or pepper spray shall not be deemed to be a weapon for the purposes of this policy; or
  6. Any knife, commonly referred to as a switch-blade that opens or falls or is ejected into position by the force of gravity or  by an outward, downward or centrifugal thrust or movement; and straight-blade knife of four inches or more such as a dagger, dirk, dangerous knife of stiletto; except that an ordinary pocket knife with a blade no more than four inches in length shall not be construed to be a weapons for the purposes of this policy;
  7. Any object or device which is designed to expel bullet, shot or shell by the action of an explosive.

 

This prohibition shall not apply to the performance of job duties by duly authorized law enforcement officers or by County employees who have received approval from the Commission to possess, carry or use weapons in the performance of their duties.  The Sheriff shall have the authority to grant permission to individuals to carry firearms while they are at the County firing range for use at the County firing range.

 

Passed and adopted in regular session this 6th day of December 2006.

 

 

 

                          /s/ John E. Taylor                                                  /s/ Roy C. Dunn

                            John E. Taylor                                                        Roy Dunn         

                              Chairman                                                          Vice-chairman

 

 

    /s/ Donald C. Hay                        /s/ Donald E. Waymire                           /s/ Donald R. Stottlemire

                     Donald Hay                                Donald Waymire                                   Donald Stottlemire

   Commissioner                               Commissioner                                        Commissioner

 

 

 

Attested and Recorded, this 6th day of December 2006.

 

 

 

/s/ Shari Perry

Shari Perry

          County Clerk