Kansas Bill Would Revise 2013 Knife Preemption Law
(January 22, 2014) – The Kansas House Federal and State Affairs Committee introduced HB 2473 to clarify and correct knife preemption legislation passed last year (as HB 2033) that did not specifically prevent enforcement of a city knife law previously in place. The 2013 knife law also did not specifically repeal any municipality laws in place prior to July 1, 2014, the effective date of Kansas HB 2033. See Kansas 2013 Knife Legislation for more information on HB 2033.
We thank the Kansas legislature for working to correct this. Below is the text of HB 2473 relevant to knives. Words in bold are additions.
Sec. 4. K.S.A. 2013 Supp. 12-16,134 is hereby amended to read as follows:
12-16,134. (a) A municipality shall not enact or enforce any
ordinance, resolution, -rule- regulation or tax relating to the
transportation, possession, carrying, sale, transfer, purchase, gift, devise,
licensing, registration or use of a knife or knife making components.
(b) A municipality shall not enact or enforce any ordinance,
resolution or -rule- regulation relating to the manufacture of a
knife that is more restrictive than any such ordinance, resolution or -rule-
regulation relating to the manufacture of any other commercial
goods.
(c ) Any ordinance, resolution or regulation prohibited by either
subsection (a) or (b) that was adopted prior to July 1, 2014, shall be null and
void.
(d) No action shall be commenced or prosecuted against any individual
for a violation of any ordinance, resolution or regulation that is prohibited
by either subsection (a) or (b) and which was adopted prior to July 1, 2014, if
such violation occurred on or after July 1, 2013.
The Kansas 2014 legislative session began on January 13th and has a projected adjourn date of May 28th.
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