[1]
Editor's Note — Ord. no. 723 §§1 — 3,
adopted December 22, 2004, repealed sections 210.250 "weapons —
carrying concealed — other unlawful use", 210.255 "unlawful
transfer of weapons — penalty" and 210.260 "discharging air
gun, etc." and enacted the new provisions set out herein.
[Ord. No. 723 §§1 —
2, 12-22-2004]
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, 18
U.S.C. Title 26, Section 5845 and the United States Treasury/Bureau
of Alcohol, Tobacco and Firearms, 27 CFR Section 178.11:
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 repellant 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
[Ord. No. 723 §§1, 3, 12-22-2004]
A.
A person
commits the crime 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 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 a firearm or projectile weapon while intoxicated;
6.
Discharges a firearm within one hundred (100) yards of any occupied
schoolhouse, 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 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;
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,
less 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.
Subparagraphs (1), (3), (4), (6), (7), (8), (9) and (10) of Subsection (A) 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 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;
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.
Subparagraphs (1), (5), (8) and (10) 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 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 (10) 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.
Subparagraphs (1), (8) and (10) 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 permit or endorsement to carry concealed firearms issued by another State or political subdivision of another State.
E.
Subparagraphs (3), (4), (5), (6), (7), (8), (9) and (10) 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.
[Ord. No. 724 §§1 —
2, 12-22-2004]
A.
No
person who has been issued a concealed carry endorsement by the Missouri
Director of Revenue under Sections 571.101 to 571.121, RSMo., or who
has 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 in any building or
portion of a building owned, leased or controlled by the City. Without
limiting this Section, these buildings shall include the City Hall,
the Public Works Department building and the Community Center.
B.
Signs
shall be posted at each entrance of a building entirely owned, leased
or controlled by the City stating that carrying of firearms is prohibited.
Where the City owns, leases or controls only a portion of a building,
signs shall be posted at each entrance to that portion of the building
stating that carrying of firearms is prohibited.
C.
This
Section shall not apply to buildings used for public housing by private
persons, highways or rest areas, firing ranges or private dwellings
owned, leased or controlled by the City.
D.
Any
person violating this Section may be denied entrance to the building
or ordered to leave the building. Any City employee violating this
Section shall be disciplined. No other penalty shall be imposed for
a violation of this Section.
E.
No
person who has been issued a certificate of qualification which allows
a person to carry a concealed firearm before the Director of Revenue
begins issuing concealed carry endorsements in July, 2004, shall,
by authority of that certificate, be allowed to carry a concealed
firearm or to openly carry a firearm in any building or portion of
a building owned, leased or controlled by the City.
F.
This
Section shall not apply to Police Officers who are in the course of
their duty or not.
