Broken Arrow City Council
Meeting of: 10-20-2015
To: Mayor and City Council
From: Office of the City Attorney
Title:
title
Consideration, discussion and possible adoption of Ordinance No. 3369, an ordinance amending Chapter 6, Offenses - Miscellaneous, Article I, In General, Section 16-4. - Carry weapons; specifically removing the regulation of knives; repealing all ordinances to the contrary; and declaring an emergency
End
Background:
Currently, State Law allows the City to regulate the possession of knives. Section 16-4 of the Broken Arrow Code of Ordinances, prohibits any person from carrying upon or about his person, or in his portfolio or purse a bowie knife, dirk knife, switchblade knife, spring-type knife, sword cane, knife having a blade which opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife.
House Bill 1460 amends Title 21, Section 1289.4 of the Oklahoma Statutes, making the State Legislature the sole “occupant” in the field of regulating knives. Thus, this amendment preempts the City from regulating the possession of knives. Also, House Bill 1911 amends Title 21, Section 1272 by removing switchblade knives and knives having blades which open automatically by hand pressure applied to a button, spring, or other device in the handle of the knife, from the list of items that are unlawful to possess. In other words, it will no longer be unlawful to possess those types of knives on November 1, 2015. The City may still regulate the possession of offensive weapons such as daggers and metal knuckles. Therefore, as of November 1, 2015, Section 16-4 should be amended to not regulate knives.
Cost: $0
Prepared By: Beth Anne Wilkening, City Attorney
Reviewed By: Assistant City Manager
Approved By: Michael L. Spurgeon, City Manager
Attachments: Ordinance No. 3369
Recommendation:
Adopt Ordinance No. 3369 and approve the Emergency Clause.