[R.O. 2008 § 215.240]
The following words, when used in
this Article, shall have the meanings set out herein:
Any firearm so defined by the national Gun Control Act, 26
U.S.C. § 5845, and the United States Treasury/Bureau of
Alcohol, Tobacco and Firearms, 27 CFR 478.11:
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.
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.
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.
Any firearm with a barrel less than sixteen (16) inches in
length, measured from the face of the bolt or standing breech.
To alter or destroy the manufacturer's or importer's serial
number or any other distinguishing number or identification mark.
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.
Any weapon that is designed or adapted to expel a projectile
by the action of an explosive.
Any instrument, attachment or appliance that is designed
or adapted to muffle the noise made by the firing of any firearm.
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 repellent or temporary
incapacitating substance.
Substantially impaired mental or physical capacity resulting
from introduction of any substance into the body.
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.
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.
Any firearm that is capable of firing more than one (1) shot
automatically, without manual reloading, by a single function of the
trigger.
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.
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.
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.
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.
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.
Any knife which has a blade that folds or closes into the
handle or sheath, and
[R.O. 2008 § 215.250]
A.
A person commits the offense of unlawful
use of weapons if he/she knowingly:
1.
Carries concealed upon or about his/her
person a knife, a firearm, a blackjack or any other weapon readily
capable of lethal use;
2.
Sets a spring gun;
3.
Discharges or shoots a firearm, provided that the provisions of this Subsection (A) shall not apply to persons discharging a firearm in a target or archery range authorized by the City;
4.
Exhibits, in the presence of one
or more persons, any weapon readily capable of lethal use in an angry
or threatening manner;
5.
Possesses a firearm or projectile
weapon while intoxicated;
6.
Openly carries a firearm or any other
weapon readily capable of lethal use;
7.
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.
Subsection (A)(1), (3), (4), (6) and (7) of this Section shall not apply to or affect any of the following:
1.
All State, County and Municipal Peace
Officers who have completed the training required by the Police Officer
Standards and Training Commission pursuant to Sections 590.030 to
590.050, RSMo., and possessing the duty and power of arrest for violation
of the general criminal laws of the State or for violation of ordinances
of Counties or Municipalities of the State, whether such officers
are on or off duty, and whether such officers are within or outside
of the law enforcement agency's jurisdiction, or all qualified retired
Peace Officers, as defined in Subsection (10) of Section 571.030,
RSMo., and who carry the identification defined in Subsection (11)
of Section 571.030, RSMo., 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 prisons, 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 and those persons vested by Article III of the Constitution of the United States with the judicial power of the United States, the members of the Federal judiciary;
5.
Any person whose bona fide duty is
to execute process, civil or criminal;
6.
Any Federal Probation Officer or
Federal Flight Deck Officer as defined under the Federal Flight Deck
Officer Program, 49 U.S.C. § 44921;
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.
Subsection (A)(1), (5), (6) and (7) of this Section 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 (A)(1) 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/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. Subparagraph (7) of Subsection (A) of this Section 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.
Subsection (A)(1), (6) and (7) of this Section shall not apply to any person who has a valid concealed carry endorsement issued pursuant to Sections 571.101 to 571.121, RSMo., or a valid permit or endorsement to carry concealed firearms issued by another State or political subdivision of another State.
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.
[1]
Note: Under certain circumstances, this offense
can be a felony under State law.
[R.O. 2008 § 215.255]
A.
Except as provided in Subsection (B) of this Section, it shall be unlawful for any person to knowingly possess, manufacture, transport, repair or sell:
1.
An explosive weapon;
2.
An explosive, incendiary or poison
substance or material with the purpose to possess, manufacture or
sell an explosive weapon;
3.
A machine gun;
4.
A gas gun;
5.
A short-barreled rifle or shotgun;
6.
A firearm silencer;
7.
A switchblade knife;
8.
A bullet or projectile which explodes
or detonates upon impact because of an independent explosive charge
after having been shot from a firearm; or
9.
Knuckles.
B.
A person does not commit an offense under
this Section if his/her conduct:
1.
Was incident to the performance of
official duty by the Armed Forces, National Guard, a governmental
law enforcement agency or a penal institution;
2.
Was incident to engaging in a lawful commercial or business transaction with an organization enumerated in Subsection (B)(1);
3.
Was incident to using an explosive
weapon in a manner reasonably related to a lawful industrial or commercial
enterprise;
4.
Was incident to displaying the weapon
in a public museum or exhibition; or
5.
Was incident to dealing with the weapon solely as a curio, ornament, or keepsake, or to using it in a manner reasonably related to a lawful dramatic performance; but if the weapon is the type described in Subsection (A)(1), (3) or (5) of this Section it must be in such a non-functioning condition that it cannot readily be made operable. No barreled rifle, short-barreled shotgun, or machine gun may be possessed, manufactured, transported, repaired or sold as a curio, ornament, or keepsake unless such person is an importer, manufacturer, dealer, or collector licensed by the Secretary of the Treasury pursuant to the Gun Control Act of 1968, U.S.C. Title 18, or unless such firearm is an "antique firearm" as defined in Subsection (3) of Section 571.080, RSMo., or unless such firearm has been designated a "collectors item" by the Secretary of the Treasury pursuant to 26 U.S.C. § 5845(a).
[1]
Note: Under certain circumstances, this offense
can be a felony under State law.
[R.O. 2008 § 215.260]
A person commits the offense of defacing
a firearm if he/she knowingly defaces any firearm.
[R.O. 2008 § 215.270]
A.
A person commits the offense of unlawful
transfer of weapons if he/she:
1.
Knowingly sells, leases, loans, gives
away or delivers a blackjack to a person less than eighteen (18) years
old without the consent of the child's custodial parent or guardian
or recklessly, as defined in Section 562.016, RSMo., sells, leases,
loans, gives away or delivers any firearm to a person less than eighteen
(18) years old without the consent of the child's custodial parent
or guardian; provided that this does not prohibit the delivery of
such weapons to any Peace Officer or member of the Armed Forces or
National Guard while performing his/her official duty; or
2.
Recklessly, as defined in Section
562.016, RSMo., sells, leases, loans, gives away or delivers a firearm
or ammunition for a firearm to a person who is intoxicated.
[1]
Note: Under certain circumstances, this offense
can be a felony under State law.
[R.O. 2008 § 215.275]
A.
A person commits the offense of unlawful
possession of a concealable firearm if he/she has any concealable
firearm in his/her possession and:
1.
He/she has pled guilty to or has
been convicted of a dangerous felony, as defined in Section 556.061,
RSMo., or of any attempt to commit a dangerous felony, or of a crime
under the laws of any State or of the United States which, if committed
within this State, would be a dangerous felony, or confined therefor
in this State or elsewhere during the five (5) year period immediately
preceding the date of such possession; or
2.
He/she is a fugitive from justice,
is habitually in an intoxicated or drugged condition, or is currently
adjudged mentally incompetent.
[1]
Note: Under certain circumstances, this offense
can be a felony under State law.
[R.O. 2008 § 215.280]
A.
It shall be a violation of this Section,
punishable as hereinafter provided, for any person to carry any concealed
firearm into:
1.
Any Police, Sheriff or Highway Patrol
office or station without the consent of the Chief Law Enforcement
Officer in charge of that office or station. Possession of a firearm
in a vehicle on the premises of the office or station shall not be
a criminal offense so long as the firearm is not removed from the
vehicle or brandished while the vehicle is on the premises.
2.
Within twenty-five (25) feet of any
polling place on any election day. Possession of a firearm in a vehicle
on the premises of the polling place shall not be a criminal offense
so long as the firearm is not removed from the vehicle or brandished
while the vehicle is on the premises.
3.
The facility of any adult or juvenile
detention or correctional institution, prison or jail. Possession
of a firearm in a vehicle on the premises of any adult, juvenile detention
or correctional institution, prison or jail shall not be a criminal
offense so long as the firearm is not removed from the vehicle or
brandished while the vehicle is on the premises.
4.
Any courthouse solely occupied by the Circuit, Appellate or Supreme Court, or any courtrooms, administrative offices, libraries or other rooms of any such court whether or not such court solely occupies the building in question. This Subdivision shall also include, but not be limited to, any juvenile, family, drug or other court offices, any room or office wherein any of the courts or offices listed in this Subdivision are temporarily conducting any business within the jurisdiction of such courts or offices, and such other locations in such manner as may be specified by Supreme Court Rule pursuant to Subsection (A)(6). Nothing in this Subsection shall preclude those persons listed in Subsection (B)(1) of Section 215.250 while within their jurisdiction and on duty, those persons listed in Subsections (B)(2) and (3) of Section 215.250, or such other persons who serve in a law enforcement capacity for a court as may be specified by Supreme Court Rule pursuant to Subsection (A)(6) from carrying a concealed firearm within any of the areas described in this Subdivision. Possession of a firearm in a vehicle on the premises of any of the areas listed in this Subdivision shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises.
5.
Any meeting of the City Council.
Possession of a firearm in a vehicle on the premises shall not be
a criminal offense so long as the firearm is not removed from the
vehicle or brandished while the vehicle is on the premises.
6.
Any building owned, leased or controlled
by the City of O'Fallon identified by signs posted at the entrance
to the building. This Subsection shall not apply to any building used
for public housing by private persons, highways or rest areas, firing
ranges, and private dwellings owned, leased, or controlled by the
City of O'Fallon. Persons violating this Subsection may be denied
entrance to the building, ordered to leave the building and, if employees
of the City, be subjected to disciplinary measures for violation.
7.
Any establishment licensed to dispense
intoxicating liquor for consumption on the premises, which portion
is primarily devoted to that purpose, without the consent of the owner
or manager. The provisions of this Subdivision shall not apply to
the licensee of said establishment. The provisions of this Subdivision
shall not apply to any bona fide restaurant open to the general public
having dining facilities for not less than fifty (50) persons and
that receives at least fifty-one percent (51%) of its gross annual
income from the dining facilities by the sale of food. This Subdivision
does not prohibit the possession of a firearm in a vehicle on the
premises of the establishment and shall not be a criminal offense
so long as the firearm is not removed from the vehicle or brandished
while the vehicle is on the premises. Nothing in this Subdivision
authorizes any individual who has been issued a concealed carry endorsement
to possess any firearm while intoxicated.
8.
Any area of an airport to which access
is controlled by the inspection of persons and property. Possession
of a firearm in a vehicle on the premises of the airport shall not
be a violation so long as the firearm is not removed from the vehicle
or brandished while the vehicle is on the premises.
9.
Any place where the carrying of a
firearm is prohibited by Federal law.
10.
Any higher education institution
or elementary or secondary school facility without the consent of
the Governing Body of the higher education institution or a school
official or the district school board. Possession of a firearm in
a vehicle on the premises of any higher education institution or elementary
or secondary school facility shall not be a criminal offense so long
as the firearm is not removed from the vehicle or brandished while
the vehicle is on the premises.
11.
Any portion of a building used as
a child care facility without the consent of the manager. Nothing
in this Subdivision shall prevent the operator of a child care facility
in a family home from owning or possessing a firearm or a driver's
license or non-driver's license containing a concealed carry endorsement.
12.
Any riverboat gambling operation
accessible by the public without the consent of the owner or manager
pursuant to rules promulgated by the Gaming Commission. Possession
of a firearm in a vehicle on the premises of a riverboat gambling
operation shall not be a criminal offense so long as the firearm is
not removed from the vehicle or brandished while the vehicle is on
the premises.
13.
Any gated area of an amusement park.
Possession of a firearm in a vehicle on the premises of the amusement
park shall not be a criminal offense so long as the firearm is not
removed from the vehicle or brandished while the vehicle is on the
premises.
14.
Any church or other place of religious
worship without the consent of the minister or person or persons representing
the religious organization that exercises control over the place of
religious worship. Possession of a firearm in a vehicle on the premises
shall not be a criminal offense so long as the firearm is not removed
from the vehicle or brandished while the vehicle is on the premises.
15.
Any private property whose owner
has posted the premises as being off-limits to concealed firearms
by means of one (1) or more signs displayed in a conspicuous place
of a minimum size of eleven (11) inches by fourteen (14) inches with
the writing thereon in letters of not less than one (1) inch. The
owner, business or commercial lessee, manager of a private business
enterprise, or any other organization, entity or person may prohibit
persons holding a concealed carry endorsement from carrying concealed
firearms on the premises and may prohibit employees, not authorized
by the employer, holding a concealed carry endorsement from carrying
concealed firearms on the property of the employer. If the building
or the premises are open to the public, the employer of the business
enterprise shall post signs on or about the premises if carrying a
concealed firearm is prohibited. Possession of a firearm in a vehicle
on the premises shall not be a criminal offense so long as the firearm
is not removed from the vehicle or brandished while the vehicle is
on the premises. An employer may prohibit employees or other persons
holding a concealed carry endorsement from carrying a concealed firearm
in vehicles owned by the employer.
16.
Any sports arena or stadium with
a seating capacity of five thousand (5,000) or more. Possession of
a firearm in a vehicle on the premises shall not be a criminal offense
so long as the firearm is not removed from the vehicle or brandished
while the vehicle is on the premises.
17.
Any hospital accessible by the public.
Possession of a firearm in a vehicle on the premises of a hospital
shall not be a criminal offense so long as the firearm is not removed
from the vehicle or brandished while the vehicle is on the premises.
B.
Any person violating any of the provisions of Subsection (A) of this Section shall be punished as follows:
1.
If the violator holds a concealed
carry endorsement issued pursuant to State law, the violator may be
subject to denial to the premises or removal from the premises. If
such person refuses to leave the premises and a Peace Officer is summoned,
such person may be issued a citation for an amount not to exceed one
hundred dollars ($100.00) for the first offense. If a second citation
for a similar violation occurs within a six-month period, such person
shall be fined an amount not to exceed two hundred dollars ($200.00).
If a third citation for a similar violation is issued within one (1)
year of the first citation, such person shall be fined an amount not
to exceed five hundred dollars ($500.00). Upon conviction of charges
arising from a citation issued pursuant to this Section, the court
shall notify the Sheriff of the County which issued the certificate
of qualification for a concealed carry endorsement and the Department
of Revenue.
2.
If the violator does not hold a current valid concealed carry endorsement issued pursuant to State law, upon conviction of a charge of violating this Section the defendant shall be punished as provided in Section 100.010 of this Code of the City of O'Fallon.
3.
Employees of the City of O'Fallon
may, in addition to any other punishment hereby, be subject to disciplinary
action.
C.
It shall be a violation of this Section,
punishable by a citation for an amount not to exceed thirty-five dollars
($35.00), for any person issued a concealed carry endorsement pursuant
to State law to fail to carry the concealed carry endorsement at all
times the person is carrying a concealed firearm, or to fail to display
the concealed carry endorsement upon the request of any Peace Officer.
[R.O. 2008 § 215.285]
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.
[R.O. 2008 § 215.286]
The discharge of firearms in connection
with any turkey shoots or other charitable event may be authorized
by the City Council.
A.
A person
commits the offense of using a laser pointer if such person knowingly
directs a light from a laser pointer at a uniformed safety officer,
including a peace officer as defined under Section 590.010, RSMo.,
security guard, firefighter, emergency medical worker, or other uniformed
municipal, state, or federal officer.
B.
As
used in this Section, "laser pointer" means a device that emits a
visible light amplified by the stimulated emission of radiation.