5038-S.E AMH MCEN ADAM 520

ESSB 5038 - H AMD TO CRJ COMM AMD (H-1306.2/21) 474

By Representative McEntire

NOT ADOPTED 03/28/2021

On page 2, after line 31 of the striking amendment, strike all material through "(d)" on page 3, line 13 and insert the following:

"(2)(a) Except as provided in (b) of this subsection, it is unlawful for any person to openly carry a weapon at or within 250 feet of a permitted demonstration in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.

(b) This subsection shall not apply to or affect the following:

(i) Any act committed by a person while in his or her place of abode or fixed place of business;

(ii) Any person who by virtue of his or her office or public employment is vested by law with a duty to preserve public safety, maintain public order, or to make arrests for offenses, while in the performance of such duty;

(iii) Any person acting for the purpose of protecting himself or herself against the use of presently threatened unlawful force by another, or for the purpose of protecting another against the use of such unlawful force by a third person;

(iv) Any person making or assisting in making a lawful arrest for the commission of a felony; or

(v) Any person engaged in military activities sponsored by the federal or state governments.

(c)"

On page 3, beginning on line 30 of the striking amendment, strike all of subsection (iii) and insert the following:

"(iii) "Weapon" means any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, or any other weapon apparently capable of producing bodily harm."

On page 6, beginning on line 1 of the striking amendment, strike all of subsection (1) and insert:

"(1) Except as provided in subsection (2) of this section, it is unlawful for any person to knowingly open carry a weapon, as defined in section 1(2) of this act, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons, in any of the following locations: on the west state capitol campus grounds; in any buildings on the state capitol grounds; in any state legislative office; or at any location of a public legislative hearing or meeting during the hearing or meeting.

(2) This section shall not apply to or affect the following:

(a) Any act committed by a person while in his or her place of abode or fixed place of business;

(b) Any person who by virtue of his or her office or public employment is vested by law with a duty to preserve public safety, maintain public order, or to make arrests for offenses, while in the performance of such duty;

(c) Any person acting for the purpose of protecting himself or herself against the use of presently threatened unlawful force by another, or for the purpose of protecting another against the use of such unlawful force by a third person;

(d) Any person making or assisting in making a lawful arrest for the commission of a felony; or

(e) Any person engaged in military activities sponsored by the federal or state governments."

Renumber the remaining subsections consecutively and correct any internal references accordingly.

On page 6, beginning on line 24 of the striking amendment, strike all of subsection (4)

Renumber the remaining subsection consecutively and correct any internal references accordingly.

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