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. 1476 § 9, 2-9-2017]
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/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 into
any area where firearms are restricted under Section 571.107, RSMo.;
3.
Discharges or shoots a firearm within the City limits;
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.
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;
6.
Openly carries a firearm or any other weapon readily capable of lethal use, except as provided by Subsection
(G) of this Section;
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;
8.
Possesses a firearm while also knowingly in possession of a
controlled substance that is sufficient for a felony violation of
Section 579.015, RSMo.
B. Subparagraphs (1), (7) and (8) of Subsection
(A) 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. Subdivisions (3) and (4) of Subsection
(A) of this Section shall not apply to or affect any of the following persons when such uses are reasonably associated with or 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 (12) of Section 571.030, RSMo., and who carry
the identification defined in Subsection (13) 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.
Section 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 Board of Police
Commissioners under Section 84.340, 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, when such uses are reasonably associated
with or are necessary to the fulfillment of such person's official
duties.
C. Subparagraphs (1), (5), (7) and (8) of Subsection
(A) 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. Subparagraph (1) of Subsection
(A) 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/her dwelling unit or upon business premises over which the actor has possession, authority or control, or is traveling in a continuous journey peaceably through this State. Subparagraph (8) of Subsection
(A) of this Section does not apply if the firearm is otherwise lawfully possessed by a person while traversing on 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. Subparagraphs (1), (6) and (7) of Subsection
(A) 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 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. Subparagraphs (3), (4), (5), (6) and (7) of Subsection
(A) 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 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. Any person who has a valid concealed carry permit issued pursuant to Sections 571.101 to 571.121, RSMo., or a concealed carry endorsement issued prior to August 28, 2013, or a valid permit or endorsement to carry concealed firearms issued by another State or political subdivision of another State, may openly carry a firearm, subject to the restrictions set forth in Subsection
(A)(4), (5), and (9) of Section 215.250 of this Code. However, nothing in this Section shall be construed to permit a person to carry a concealed firearm or openly carry a firearm in the locations listed in Subdivisions (1) through (17) of Subsection
(A) of Section 215.280 of this Code. Any person openly carrying a firearm within the City limits shall display his or her concealed carry endorsement or permit upon demand of a Law Enforcement Officer. Any person openly carrying a firearm who fails to display his or her concealed carry endorsement or permit upon demand of a Law Enforcement Officer may be issued a citation for an amount not to exceed thirty-five dollars ($35.00).
[Ord. No. 1196 §1, 10-9-2003]
A. No
City employee, except Police Officers, including those employees who
have been issued a concealed carry endorsement by the Missouri Director
of Revenue under Sections 571.101 to 571.121, RSMo., or who have been
issued a valid permit or endorsement to carry concealed firearms issued
by another State or political subdivision of another State shall,
by authority of that endorsement or permit, be allowed to carry a
concealed firearm or to openly carry a firearm any place in the City
of Edmundson while that employee is on duty.
B. Any
employee violating this Section may be disciplined in accordance with
the City of Edmundson's Personnel Rules and Regulations.
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 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 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.
[Ord. No. 1476 § 10, 2-9-2017]
A. A person commits the offense of unlawful possession of a firearm
if such person knowingly has any firearm in his or her possession
and:
1.
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
2.
Such person is a fugitive from justice, is habitually in an
intoxicated or drugged condition, or is currently adjudged mentally
incompetent.
Any person who has a valid concealed carry endorsement, 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.
The discharge of firearms in connection with any turkey shoots
or other charitable event may be authorized by the Board of Aldermen.
[Ord. No. 1476 § 12, 2-9-2017]
A. Because such conduct is dangerous to the inhabitants of the City
due to the population of the City, no person shall throw, release,
discharge or in any way propel any dangerous projectiles as defined
herein upon or at any property, at any person or group of persons
or at any type of animal(s).
B. For the purpose of this Section, dangerous projectiles are identified,
but not limited to projectiles shot out of:
3.
Slingshot or wrist rockets.
4.
Bow and arrows or crossbows.
6.
Any manufactured or homemade gas or vapor ignited gun (i.e.,
paint gun, tube gun, potato gun, foil gun, etc.) or other pneumatic
gun.
Provided, however, the foregoing provisions do not prohibit
the use of pneumatic guns at approved shooting ranges.
|