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, § 5845, and the United States Treasury/Bureau
of Alcohol, Tobacco and Firearms, 27 CFR 478.11:
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 eight
(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 repellent 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. 4285, 12-19-2022]
A. A person commits the offense of unlawful
use of weapons, except as otherwise provided by Sections 571.101 to
571.121, RSMo., 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 any area where firearms are restricted
under Section 571.107, RSMo.; or
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; or
4.
Exhibits, in the presence of one
(1) or more persons, any weapon readily capable of lethal use in an
angry or threatening manner; or
5.
Has a firearm or projectile weapon
readily capable of lethal use on his or her person, while he or she
is intoxicated, and handles or otherwise uses such firearm or projectile
weapon in either a negligent or unlawful manner or discharges such
firearm or projectile weapon unless acting in self-defense; or
6.
Discharges a firearm within one hundred
(100) yards of any occupied schoolhouse, courthouse, or church building;
or
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; or
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 election precinct on any election
day, or into any building owned or occupied by any agency of the Federal
Government, State Government, or political subdivision thereof; or
9.
Discharges or shoots a firearm at
or from a motor vehicle, as defined in Section 301.010, RSMo., 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; or
11.
Possesses a firearm while also knowingly
in possession of a controlled substance that is sufficient for a felony
violation of Section 579.015, RSMo.; or
12. Discharges or shoots a firearm within the City, unless the person
was lawfully acting in self-defense.
B. Subsection
(A)(1),
(8), and
(10) of this Section shall not apply to the persons described in this Subsection, regardless of whether such uses are reasonably associated with or are necessary to the fulfillment of such person's official duties except as otherwise provided in this Subsection. Subsection
(A)(3),
(4),
(6),
(7), and
(9), and
(12) of this Section shall not apply to or affect any of the following persons, when such uses are reasonably associated with or are necessary to the fulfillment of such person's official duties, except as otherwise provided in this Subsection:
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 who possess 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
(G) of this Section, and who carry the identification defined in Subsection
(H) of this Section, 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, regardless of whether such
officers are on duty, or within the law enforcement agency's jurisdiction;
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 Department of Public Safety under Section 590.750,
RSMo.;
9.
Any coroner, deputy coroner, medical
examiner, or assistant medical examiner;
10.
Any municipal or County prosecuting
attorney or assistant prosecuting attorney, circuit attorney or assistant
circuit attorney, municipal, associate or circuit judge, or any person
appointed by a court to be a special prosecutor who has completed
the firearms safety training course required under Subsection 2 of
Section 571.111, RSMo.;
11.
Any member of a Fire Department or
Fire Protection District who is employed on a full-time basis as a
fire investigator and who has a valid concealed carry endorsement
issued prior to August 28, 2013, or a valid concealed carry permit
under Section 571.111, RSMo., when such uses are reasonably associated
with or are necessary to the fulfillment of such person's official
duties; and
12.
Upon the written approval of the
Governing Body of a Fire Department or Fire Protection District, any
paid Fire Department or Fire Protection District member who is employed
on a full-time basis and who has a valid concealed carry endorsement
issued prior to August 28, 2013, or a valid concealed carry permit,
when such uses are reasonably associated with or are necessary to
the fulfillment of such person's official duties.
C. Subsection
(A)(1),
(5),
(8), and
(10) of this Section does 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 nineteen (19) years of age or older or eighteen (18) years of age or older and a member of the United States Armed Forces, or honorably discharged from the United States Armed Forces, 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) 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 or club event.
D. Subsection
(A)(1),
(8), and
(10) of this Section shall not apply to any person who has a valid concealed carry permit issued pursuant to Sections 571.101 to 571.121, RSMo., a valid concealed carry endorsement issued before August 28, 2013, or a valid permit or endorsement to carry concealed firearms issued by another State or political subdivision of another State.
E. Subsection
(A)(3),
(4),
(5),
(6),
(7),
(8),
(9),
(10), and
(12) of this Section 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
or club-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.
G. As used in this Section, "qualified retired
Peace Officer" means an individual who:
1.
Retired in good standing from service
with a public agency as a Peace Officer, other than for reasons of
mental instability;
2.
Before such retirement, was authorized
by law to engage in or supervise the prevention, detection, investigation,
or prosecution of, or the incarceration of any person for, any violation
of law, and had Statutory powers of arrest;
3.
Before such retirement, was regularly
employed as a Peace Officer for an aggregate of fifteen (15) years
or more, or retired from service with such agency, after completing
any applicable probationary period of such service, due to a service-connected
disability, as determined by such agency;
4.
Has a non-forfeitable right to benefits
under the retirement plan of the agency if such a plan is available;
5.
During the most recent twelve-month
period, has met, at the expense of the individual, the standards for
training and qualification for active Peace Officers to carry firearms;
6.
Is not under the influence of alcohol
or another intoxicating or hallucinatory drug or substance; and
7.
Is not prohibited by Federal law
from receiving a firearm.
H. The identification required by Subsection
(B)(1) of this Section is:
1.
A photographic identification issued
by the agency from which the individual retired from service as a
Peace Officer that indicates that the individual has, not less recently
than one (1) year before the date the individual is carrying the concealed
firearm, been tested or otherwise found by the agency to meet the
standards established by the agency for training and qualification
for active Peace Officers to carry a firearm of the same type as the
concealed firearm; or
2.
A photographic identification issued
by the agency from which the individual retired from service as a
Peace Officer; and
3.
A certification issued by the State
in which the individual resides that indicates that the individual
has, not less recently than one (1) year before the date the individual
is carrying the concealed firearm, been tested or otherwise found
by the State to meet the standards established by the State for training
and qualification for active Peace Officers to carry a firearm of
the same type as the concealed firearm.
A person commits the offense of defacing
a firearm if he/she knowingly defaces any firearm.
Residents of the State of Missouri
may purchase firearms in any State, provided that such residents conform
to the applicable provisions of the Federal Gun Control Act of 1968,
18 U.S.C. § 921 et seq., and regulations thereunder, and
provided further that such residents conform to the provisions of
law applicable to such purchase in the State of Missouri and in the
State in which the purchase is made.
Residents of any State may purchase
firearms in the State of Missouri, provided that such residents conform
to the applicable provisions of the Federal Gun Control Act of 1968,
18 U.S.C. § 921 et seq., and regulations thereunder, and
provided further that such residents conform to the provisions of
law applicable to such purchase in the State of Missouri and in the
State in which such persons reside.
Any person who has a valid concealed
carry endorsement issued prior to August 28, 2013, or a valid concealed
carry permit, and who is lawfully carrying a firearm in a concealed
manner, may briefly and openly display the firearm to the ordinary
sight of another person, unless the firearm is intentionally displayed
in an angry or threatening manner, not in necessary self-defense.
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. 2009 § 205.280; R.O. 2006
§ 220.020(C — E); Ord. No. 192 §§ 1 — 5, 1-17-1966; Ord. No. 271 § 1, 8-18-1969; Ord. No. 1656 § 1, 2-18-1993; Ord.
No. 2463 § 3, 4-15-2002]
A. Provisions of Sections
205.840(A) and
205.920 shall not apply to any Police target or Police shooting range nor to any club or individual target, trap, skeet or practice shooting range which has received a permit from the City, nor to the discharge of firearms where necessary to protect life, livestock, crops or other property.
B. Special permits for individual target,
trap, skeet or practice shooting range shall be issued only by the
Board of Aldermen, and subject to such terms, conditions and permit
fees as it may from time to time impose.
C. The discharge of firearms in connection
with any turkey shoots or other charitable event may be authorized
by the Board of Aldermen. Prior to the issuance of said Special Permit,
written permission stating firearms may be discharged on the premises,
executed by the owner of the premises upon which firearms are to be
discharged, shall be obtained and presented to the City Clerk.
A person commits the offense of unlawful possession of a firearm
if such person knowingly has any firearm in his or her possession
and:
A. Such
person has been convicted of a felony under the laws of this state,
or of a crime under the laws of any state or of the United States
which, if committed within this state, would be a felony; or
B. Such
person is a fugitive from justice, is habitually in an intoxicated
or drugged condition, or is currently adjudged mentally incompetent.