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Is the compound bow legal to shoot in the city limits of Topeka,

Resolved Question:

Is the compound bow legal to shoot in the city limits of Topeka, Kansas.
Submitted: 10 months ago.
Category: Legal
Expert:  socrateaser replied 10 months ago.

Hello,

The Topeka Municipal Code does not prohibit -- nor permit the discharge of a firearm. The code is silent entirely on the issue. Moreover, Kansas law describes most unlawful weapons use in terms of knife length, or "firearm," which is defined as: "an object having the design or capacity to propel a projectile by force of an explosion, gas, or other combustion." State v. Davis, 227 Kan. 174, Syl. ¶ 2, 605 P.2d 572 (1980).

Consequently, I see no specific law covering the use of a bow and arrow in Kansas, whether the bow is compound or otherwise.

However, a person may be charged with "reckless endangerment," where the person possessed nothing less than a reckless disregard of the consequences of his life-threatening act. Williams v. State, 100 Md.App. 468, 477, 641 A.2d 990 (1994); State v. O'Rear, 270 P. 3d 1127 (2012).

Consequently, the circumstances under which the compound bow is used, could be sufficient to constitute a criminal act. Example: You set up a target in your backyard, and shoot arrows at it. One of the arrows flies over the fence and strikes your neighbor, fatally wounding the person. You could be charged with a negligent homicide, which is a felony.

 

Merely shooting the arrow in a manner where it lands on someone else's property could be viewed as a criminal trespass or criminal mischief.

 

So, the botXXXXX XXXXXne here, is that if you're not careful, you could find that law enforcement will find a way to hold you responsible for your actions, despite there being no specific prohibition to firing a compound bow within the city limits.

Please let me know if my answer is helpful or if I can provide further clarification or assistance. And, thanks for using justanswer.com!

Customer: replied 10 months ago.

So, it sounds like what you're saying as long as the shooter of the bow and arrow doesn't hurt anyone then nothing can be done about it (which by then is alittle late). I will say when they miss their target the arrows usually goes in other yards where people live.

Expert:  socrateaser replied 10 months ago.
If the arrow goes in someone else's yard, then that person can call the police, and the shooter can be cited for either a misdemeanor trespass or nuisance.

Hope this helps.
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 33890
Experience: Retired (mostly)
socrateaser and 9 other Legal Specialists are ready to help you
Customer: replied 10 months ago.


Thank you very much. Your comments have been very helpful.

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