The following words, when used in this Article, shall have the
meanings set out herein:
ANTIQUE, CURIO OR RELIC FIREARM
Any firearm so defined by the National Gun Control Act, 18
U.S.C. Title 26, Section 5845, and the United States Treasury/Bureau
of Alcohol, Tobacco and Firearms, 27 CFR Section 178.11:
1.
Antique firearm is any firearm not designed or redesigned for
using rim fire or conventional center fire ignition with fixed ammunition
and manufactured in or before 1898, said ammunition not being manufactured
any longer; this includes any matchlock, wheel lock, flintlock, percussion
cap or similar type ignition system, or replica thereof.
2.
Curio or relic firearm is any firearm deriving value as a collectible
weapon due to its unique design, ignition system, operation or at
least fifty (50) years old, associated with a historical event, renown
personage or major war.
BLACKJACK
Any instrument that is designed or adapted for the purpose
of stunning or inflicting physical injury by striking a person, and
which is readily capable of lethal use.
BLASTING AGENT
Any material or mixture, consisting of fuel and oxidizer
that is intended for blasting, but not otherwise defined as an explosive
under this Section, provided that the finished product, as mixed for
use of shipment, cannot be detonated by means of a numbered 8 test
blasting cap when unconfined.
CONCEALABLE FIREARM
Any firearm with a barrel less than sixteen (16) inches in
length, measured from the face of the bolt or standing breech.
DEFACE
To alter or destroy the manufacturer's or importer's serial
number or any other distinguishing number or identification mark.
DETONATOR
Any device containing a detonating charge that is used for
initiating detonation in an explosive, including but not limited to,
electric blasting caps of instantaneous and delay types, non-electric
blasting caps for use with safety fuse or shock tube and detonating
cord delay connectors.
EXPLOSIVE WEAPON
Any explosive, incendiary, or poison gas bomb or similar
device designed or adapted for the purpose of inflicting death, serious
physical injury or substantial property damage; or any device designed
or adapted for delivering or shooting such a weapon. For the purposes
of this Article, the term "explosive" shall mean
any chemical compound mixture or device, the primary or common purpose
of which is to function by explosion, including but not limited to,
dynamite and other high explosives, pellet powder, initiating explosives,
detonators, safety fuses, squibs, detonating cords, igniter cords,
and igniters or blasting agents.
FIREARM
Any weapon that is designed or adapted to expel a projectile
by the action of an explosive.
FIREARM SILENCER
Any instrument, attachment or appliance that is designed
or adapted to muffle the noise made by the firing of any firearm.
GAS GUN
Any gas ejection device, weapon, cartridge, container or
contrivance, other than a gas bomb, that is designed or adapted for
the purpose of ejecting any poison gas that will cause death or serious
physical injury, but not any device that ejects a repellant or temporary
incapacitating substance.
INTOXICATED
Substantially impaired mental or physical capacity resulting
from introduction of any substance into the body.
KNIFE
Any dagger, dirk, stiletto, or bladed hand instrument that
is readily capable of inflicting serious physical injury or death
by cutting or stabbing a person. For purposes of this Article, "knife"
does not include any ordinary pocketknife with no blade more than
four (4) inches in length.
KNUCKLES
Any instrument that consists of finger rings or guards made
of a hard substance that is designed or adapted for the purpose of
inflicting serious physical injury or death by striking a person with
a fist enclosed in the knuckles.
MACHINE GUN
Any firearm that is capable of firing more than one (1) shot
automatically, without manual reloading, by a single function of the
trigger.
PROJECTILE WEAPON
Any bow, crossbow, pellet gun, slingshot or other weapon
that is not a firearm, which is capable of expelling a projectile
that could inflict serious physical injury or death by striking or
piercing a person.
RIFLE
Any firearm designed or adapted to be fired from the shoulder
and to use the energy of the explosive in a fixed metallic cartridge
to fire a projectile through a rifled bore by a single function of
the trigger.
SHORT BARREL
A barrel length of less than sixteen (16) inches for a rifle
and eighteen (18) inches for a shotgun, both measured from the face
of the bolt or standing breech, or an overall rifle or shotgun length
of less than twenty-six (26) inches.
SHOTGUN
Any firearm designed or adapted to be fired from the shoulder
and to use the energy of the explosive in a fixed shotgun shell to
fire a number of shot or a single projectile through a smooth bore
barrel by a single function of the trigger.
SPRING GUN
Any fused, timed or non-manually controlled trap or device
designed or adapted to set off an explosion for the purpose of inflicting
serious physical injury or death.
SWITCHBLADE KNIFE
Any knife which has a blade that folds or closes into the
handle or sheath, and
1.
That opens automatically by pressure applied to a button or
other device located on the handle; or
2.
That opens or releases from the handle or sheath by the force
of gravity or by the application of centrifugal force.
[Ord. No. 2667 § 1, 4-3-2017]
A. A person commits the offense of unlawful use of weapons if he or
she knowingly:
1.
Carries concealed, upon or about his or her person, a knife, a firearm, a blackjack or any other weapon readily capable of lethal use into a place specified in Section
215.280;
3.
Discharges or shoots a firearm into a dwelling house, a railroad
train, boat, aircraft, or motor vehicle, as defined in Section 302.010,
RSMo., or any building or structure used for the assembling of people;
4.
Exhibits, in the presence of one (1) or more persons, any weapon
readily capable of lethal use in an angry or threatening manner;
5.
Possesses or discharges a firearm or projectile weapon while
intoxicated;
6.
Discharges a firearm within one hundred (100) yards of any occupied
school house, courthouse, or church building;
7.
Discharges or shoots a firearm at a mark, at any object, or
at random, on, along or across a public highway, or discharges or
shoots a firearm into any outbuilding;
8.
Carries a firearm, or any other weapon readily capable of lethal
use, into any church or place where people have assembled for worship,
or into any school, or into any building owned or occupied by any
agency of the Federal government, State government, or political subdivision
thereof;
9.
Discharges or shoots a firearm at or from a motor vehicle, as
defined in Section 302.010, RSMo., or discharges or shoots a firearm
at any person, or at any other motor vehicle, or at any building or
habitable structure, unless the person was lawfully acting in self-defense;
or
10.
Carries a firearm, whether loaded or unloaded, or any other
weapon readily capable of lethal use, into any school, onto any school
bus, or onto the premises of any function or activity sponsored or
sanctioned by school officials or the district school board.
B. Subsections
(A)(1),
(8),
(10) shall not apply to or affect any of the following, regardless of whether such use is reasonably necessary to fulfilling an official duty, and Subsections
(A)(3),
(4),
(6),
(7), and
(9) shall not apply to any of the following, when reasonably necessary to fulfillment of an official duty:
1.
All State, County and municipal peace officers, possessing the
duty and power of arrest for violation of ordinances of counties or
municipalities of the State, whether such officers are within or outside
their jurisdictions, or on or off duty, or any person summoned by
such officers, to assist in making arrests or preserving the peace,
while actually engaged in assisting such officer;
2.
Wardens, superintendents and keepers of persons, penitentiaries,
jails and other institutions for the detention of persons accused
or convicted of crime;
3.
Members of the Armed Forces or National Guard, while performing
their official duty;
4.
Those persons vested by Article
V, Section 1, of the Constitution of Missouri, with the judicial power of the State;
5.
Any person whose bona fide duty is to execute process, civil
or criminal;
6.
Any Federal Probation Officer;
7.
Any State Probation or Parole Officer, including supervisors
and members of the Board of Probation and Parole;
8.
Any corporate security advisor, meeting the definition and fulfilling
the requirements of the regulations established by the Board of Police
Commissioners under, Section 84.340, RSMo.; and
9.
Any coroner, deputy coroner, medical examiner, or assistant
medical examiner.
C. Subsections
(A)(1),
(5),
(8) and
(10) herein do not apply when the actor is transporting such weapons in a non-functioning state, or in an unloaded state, when ammunition is not readily accessible, or when such weapons are not readily accessible. Subsection
(1) of subsection
(A) of this Section does not apply to any person twenty-one (21) years of age or older transporting a concealable firearm in the passenger compartment of a motor vehicle, so long as such concealable firearm is otherwise lawfully possessed, nor when the actor is also in possession of an exposed firearm or projectile weapon for the lawful pursuit of game, or is in his or her dwelling unit or upon premises over which the actor has possession, authority or control, or is traveling in a continuous journey peaceably through this State. Subsection
(A)(10) herein does not apply if the firearm is otherwise lawfully possessed by a person while traversing school premises for the purposes of transporting a student to or from school, or possessed by an adult for the purposes of facilitation of a school-sanctioned firearm-related event.
D. Subsections
(A)(1),
(8) and
(10) herein shall not apply to any person who has a valid concealed carry endorsement issued pursuant to Section 571.094, RSMo., or a valid permit or endorsement to carry concealed firearms issued by another State or political subdivision of another State.
E. Subsections
(A)(3) through
(10) herein shall not apply to persons who are engaged in a lawful act of defense pursuant to Section 563.031, RSMo.
F. Nothing in this Section shall make it unlawful for a student to actually
participate in school-sanctioned gun safety courses, student military
or ROTC courses, or other school-sponsored firearm-related events,
provided the student does not carry a firearm or other weapon readily
capable of lethal use into any school, onto any school bus, or onto
the premises of any other function or activity sponsored or sanctioned
by school officials or the district school board.
Any person within the limits of this City who shall discharge
any BB gun which expels a projectile by means of a spring, air or
any other means, paintball gun or air gun or shall shoot any pebble,
bullet, slug, arrow or other hard substance by means of a sling, crossbow,
rubber band or bow or any other means shall be deemed guilty of an
ordinance violation.