[R.O. 1991 § 205.830; Ord. No. 2959-16, 12-20-2016]
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 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.
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 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.
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.
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
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
2.
Sets a spring gun; 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.
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) 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 (H) of this Section, and who carry the identification defined in Subsection (I) 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.
F.
Notwithstanding any provision of this Section
to the contrary, the State shall not prohibit any State employee from
having a firearm in the employee's vehicle on the State's property,
provided that the vehicle is locked and the firearm is not visible.
This Subsection shall only apply to the State as an employer when
the State employee's vehicle is on property owned or leased by the
State and the State employee is conducting activities within the scope
of his or her employment. For the purposes of this Subsection, "State
employee" means an employee of the executive, legislative, or judicial
branch of the government of the State of Missouri.
G.
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.
H.
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.
I.
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.
[1]
Note: Under certain circumstances this offense
can be a felony under state law.
[R.O. 1991 § 205.850; Ord. No. 2959-16, 12-20-2016]
A.
A person commits an offense if such person
knowingly possesses, manufactures, transports, repairs, or sells:
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 gas gun;
4.
A bullet or projectile which explodes
or detonates upon impact because of an independent explosive charge
after having been shot from a firearm;
5.
Knuckles; or
B.
A person does not commit an offense pursuant to this Section if his/her conduct involved any of the items in Subsection (A)(1) through (5), the item was possessed in conformity with any applicable Federal law, and the 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; or
2.
Was incident to engaging in a lawful commercial or business transaction with an organization enumerated in Subsection (B)(1) of this Section; or
3.
Was incident to using an explosive
weapon in a manner reasonably related to a lawful industrial or commercial
enterprise; or
4.
Was incident to displaying the weapon
in a public museum or exhibition; or
5.
Was incident to using the weapon
in a manner reasonably related to a lawful dramatic performance.
[1]
Note: Under certain circumstances this offense
can be a felony under state law.
[R.O. 1991 § 205.860; Ord. No. 2959-16, 12-20-2016]
A person commits the offense of defacing
a firearm if he/she knowingly defaces any firearm.
[R.O. 1991 § 205.870; Ord. No. 2959-16, 12-20-2016]
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.
[R.O. 1991 § 205.880; Ord. No. 2959-16, 12-20-2016]
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.
[R.O. 1991 § 205.890; Ord. No. 2959-16, 12-20-2016]
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. 1991 § 205.900; Ord. No. 2959-16, 12-20-2016]
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 Subsection 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 Subsection 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 Subdivision (6) of Subsection (1) of Section 571.107, RSMo. Nothing in this Subsection shall preclude those persons listed in Subsection (B)(1) of Section 205.840 while within their jurisdiction and on duty, those persons listed in Subsections (B)(2), (4) and (10) of Section 205.840, or such other persons who serve in a law enforcement capacity for a court as may be specified by Supreme Court Rule pursuant to Subdivision (6) of Subsection (1) of Section 571.107, RSMo., from carrying a concealed firearm within any of the areas described in this Subsection. Possession of a firearm in a vehicle on the premises of any of the areas listed in this Subsection 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 Smithville Board
of Aldermen, except that nothing in this Subsection shall preclude
a member of the Board of Aldermen holding a valid concealed carry
permit or endorsement from carrying a concealed firearm at a meeting
of the Board of Aldermen of which he or she is a member. 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 Smithville 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 Smithville. 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 Subsection shall not apply to the
licensee of said establishment. The provisions of this Subsection
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 Subsection
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 Subsection authorizes
any individual who has been issued a concealed carry permit or 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, unless the person with the
concealed carry endorsement or permit is a teacher or administrator
of an elementary or secondary school who has been designated by his
or her school district as a school protection officer and is carrying
a firearm in a school within that district, in which case no consent
is required. 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 Subsection shall prevent the operator of a child care facility
in a family home from owning or possessing a firearm or a concealed
carry permit or 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 permit or endorsement from carrying
concealed firearms on the premises and may prohibit employees, not
authorized by the employer, holding a concealed carry permit or 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 permit or 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 permit or 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
concealed carry permit, or, if the person is a holder of a concealed
carry endorsement issued prior to August 28, 2013, the court shall
notify the Sheriff of the County which issued the certificate of qualification
for a concealed carry permit or endorsement and the Department of
Revenue.
2.
If the violator does not hold a current valid concealed carry permit or endorsement issued pursuant to State law, upon conviction of a charge of violating this Section the defendant shall be punished as provided in Section 100.220 of this Code of Ordinances.
3.
Employees of the City of Smithville
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 permit or endorsement
pursuant to State law to fail to carry the concealed carry permit
or endorsement at all times the person is carrying a concealed firearm,
or to fail to display the concealed carry permit or endorsement upon
the request of any Peace Officer.
[R.O. 1991 § 205.910; Ord. No. 2959-16, 12-20-2016]
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.
[R.O. 1991 § 205.920; Ord. No. 2959-16, 12-20-2016; Ord. No. 2957-16, 10-4-2016]
A.
It shall be unlawful for any person within the limits of the City
to shoot or discharge any crossbow, sling, wrist rocket gun, revolver,
air rifle, air gun, pellet gun, pistol, TASER® or firearm of any
description or any other weapon that is designed or adapted to expel
a projectile, whether ball or any kind of explosive whatsoever, or
electrical current. This Section shall not apply to:
1.
Legally qualified Sheriffs or Police Officers, persons whose
bona fide duty is to execute civil or criminal process, persons participating
in training courses or seminars sponsored by accredited educational
institutions, or persons coordinating an educational sponsored sporting
event by discharging a starter pistol, or members of the armed forces,
National Guard, or nationally recognized veterans' associations, while
performing their official duty.
2.
Persons participating in a controlled harvest of nuisance animals
under the guidelines of a written permit specifically authorized by
the Chief of Police and while under the supervision of the permittee.
3.
Persons discharging paintball guns, where the discharge of such
paintball guns occurs exclusively on private property with the permission
of the landowner or the tenant who is in lawful possession of the
premises, and where all projectiles expelled from such gun are contained
upon the private property of the permitted use; provided, however,
that no person under eighteen (18) years of age shall discharge a
paintball gun on such premises without written permission to engage
in the use of a paintball gun by a parent or legal guardian, and no
paintball gun shall be discharged towards a non-consenting person
or domestic pet.
4.
Persons participating in an activity or business, not including
controlled harvests of nuisance animals, specifically authorized by
the Board of Aldermen with such conditions as the Board of Aldermen
deems appropriate for the health, safety and general welfare of the
community.
5.
Persons over twelve (12) years of age, when supervised by a
person over the age of twenty-one (21) years of age, may discharge
a BB gun, spring gun, air gun or pellet gun on private property so
long as the discharge is not in such a manner so as to injure, wound
or damage the person or property, real or personal, of another; or
discharged in such direction that any projectile leaves such private
property from which it is discharged, expelled, strikes, hits, enters
or goes through any vehicle, dwelling, residence, or other building;
or is discharged from or across any street, sidewalk, road or highway.
[R.O. 1991 § 205.930; Ord. No. 2959-16, 12-20-2016]
A.
Statement Of Purpose. The purpose of this
Section is to establish restrictions on the sale to and possession
of laser pointers by minors in order to protect them and others from
serious eye injury from exposure from laser pointers.
B.
Sale, Possession And Use Of Laser Pointers.
1.
Application. This Section applies
only to handheld pointers and excludes any and all other laser devices
that may be used in other professions or occupations.
2.
Sale. It is unlawful for any person
to sell a laser pointer to any person under the age of eighteen (18)
years.
3.
Possession. It is unlawful for any
person under the age of eighteen (18) years to possess a laser pointer.
4.
Use. It is unlawful for any person
to focus, point or shine a laser beam directly or indirectly on another
person or animal in such a manner as to harass, annoy or injure said
person or animal.
5.
Exceptions. The prohibition of Subsection (B)(3) shall not apply to the use of laser pointers with the permission and supervision of a person twenty-one (21) years of age or older.
6.
Penalty. Any person convicted of
violation of any provision of this Section shall be subject to a fine
of not more than five hundred dollars ($500.00) or by imprisonment
for a period not to exceed ninety (90) days, or by both such fine
and imprisonment.
[R.O. 1991 § 205.940; Ord. No. 2959-16, 12-20-2016]
A.
No person (other than a currently employed
City employee or elected official) who has been issued a concealed
carry endorsement by the Missouri Director of Revenue under Sections
571.101 through 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.
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.
[R.O. 1991 § 205.950; Ord. No. 2959-16, 12-20-2016]
A.
BOW AND ARROW
CROSSBOW
FIREARM
Definitions. As used in this Section, the
following terms shall have these prescribed meanings:
A conventional bow and arrow combination that requires completely
manual operation without any means to cock the weapon and leave it
stable until it is released or fired via a trigger mechanism.
A traditional crossbow using a mechanism allowing the weapon
to be cocked and left in a stable state until it is subsequently released
or fired at a later time via a trigger mechanism.
Includes any weapon designed to expel a projectile or projectiles
by a chemical reaction initiated by the operator and shall include
any gun, revolver, air rifle or air gun and both smokeless and black
powder weapons.
B.
It shall be unlawful to discharge any firearm
or air gun, projecting lead or any missiles in the City of Smithville
except under the supervised conditions as provided in this Section;
provided that the provisions of this Section shall be construed to
prohibit any officer of the law from discharging a firearm in the
performance of his duty; nor to any citizen from discharging a firearm
when lawfully defending himself.
C.
Permission To Archery Hunt.
1.
It shall be unlawful for any person
carrying any archery device of any type to knowingly enter into the
premises of another or to discharge any archery device while on the
premises or property of another without first having obtained permission
in writing from the owner, lessee or person in charge of such premises
or property. This Section shall not apply to a person carrying or
discharging such devices while in the immediate presence of the owner,
lessee or person in charge of said premises or property. The duly
obtained written permission shall be carried on the person of the
hunter requesting and receiving such permission.
2.
The landowner, lessee or person in
charge of any property upon which the permission to hunt has been
granted shall be held responsible for the actions of those persons
to whom such permission has been granted by the landowner, lessee
or person in charge.
3.
No bow hunting shall be permitted
within two hundred fifty (250) feet of any road, residential structure
except if owned by the hunter, public building, public parking lot,
school building, church or place where domestic animals are kept,
or of any piece of land used or designed for uses as a public park
or of any road.
4.
Crossbows shall only be allowed for
use in hunting pursuant to this Section by disabled hunters who have
received a hunting method exemption from the Missouri Department of
Conservation allowing such method.
D.
Specific Actions Prohibited.
1.
It shall be unlawful for any person
to hunt within the corporate limits of the City of Smithville with
a firearm.
2.
All current laws of the State of
Missouri regarding the regulation of hunting shall be obeyed within
the corporate limits of the City of Smithville.
3.
It shall be unlawful for any person
to discharge any archery equipment and bow and arrows within the corporate
limits of the City of Smithville in a manner which endangers the health,
safety or property of any person.
E.
Nuisance Wildlife Control.
1.
In the event that a property owner
is suffering depredation from nuisance wildlife and such property
owner has received authorization from the Missouri Department of Conservation
for the removal of such nuisance wildlife, sharpshooters at the direction
and supervision of the Chief of Police are authorized to discharge
firearms within the corporate limits of the City of Smithville to
control such nuisance wildlife.
2.
During sharp shooting operations
for the control of nuisance deer, it will be the responsibility of
the property owner to provide the fee for processing all deer culled
by such sharp shooting operations.
3.
Prior to the commencement of sharp
shooting operations, the Chief of Police shall notify all adjoining
property owners of impending sharp shooting operations by registered
mail or by personal service.
4.
Sharp shooting operations shall not
commence until after a public hearing in relation thereto at which
parties in interest and citizens shall have opportunity to be heard.
The Chief of Police shall post such notice of the time and place of
such hearing in a newspaper of general circulation in the City of
Smithville. At least fifteen (15) days shall elapse between the date
of this publication and the public hearing.
F.
License May Be Inspected. It is the duty
of every person holding a hunting license and permit to submit the
same for inspection by any agent of the Missouri Department of Conservation,
Department of Natural Resources, Sheriff, Deputy Sheriff or Smithville
Police Officer.
G.
Special Hunts. Any special hunts limited
to the use of archery devices and permitted by the Missouri Department
of Conservation or Department of Natural Resources shall be permitted
under this Section.
H.
Penalty. Any person violating the provisions
of this Section shall, upon conviction, be subject to a fine of not
more than one hundred dollars ($100.00) or by imprisonment in jail
for not more than thirty (30) days, or both such fine and imprisonment;
provided that a separate offense shall be deemed committed upon each
day during or on which a violation occurs or continues.