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 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 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. 1983 §I, 7-19-2011]
A.
A person
commits the crime of unlawful use of weapons 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; 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.
B.
Subdivisions (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 when such uses are reasonably associated with or are necessary to the fulfillment of such person's official duties:
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. Section 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.;
9.
Any coroner, deputy coroner, medical examiner, or assistant medical
examiner; and
10.
Any prosecuting attorney or assistant prosecuting attorney or any
circuit attorney or assistant circuit attorney who has completed the
firearms safety training course required under Subsection 2 of Section
571.111, RSMo.
C.
Subdivisions (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. Subdivision (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 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. Subdivision (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.
Subdivisions (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.
Subdivisions (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.
G.
Any person knowingly aiding or abetting any other person in the violation of Subdivision (9) of Subsection (A) of this Section shall be subject to the same penalty as that prescribed by this Section for violations by other persons.
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 (12) 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 Subdivision (1) of Subsection (B) 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.
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 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 Paragraph (1) of this Subsection;
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 Paragraphs (1) or (4) of Subsection (A) 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, machine gun, or firearm silencer 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 the U.S.C. Title 26, Section 5845(a).
A person commits the offense of defacing a firearm if he/she
knowingly defaces any firearm.
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.
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.
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
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 Subdivision (6) of this Subsection. Nothing in this Subdivision shall preclude those persons listed in Subsection (B)(1) of Section 210.250 while within their jurisdiction and on duty, those persons listed in Subsections (B)(2) and (3) of Section 210.250, or such other persons who serve in a law enforcement capacity for a court as may be specified by Supreme Court Rule pursuant to Subdivision (6) of this Subsection 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 Board of Aldermen. 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 Warrenton
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 Warrenton. 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 (1st) offense. If a second (2nd) citation for a similar
violation occurs within a six (6) month period, such person shall
be fined an amount not to exceed two hundred dollars ($200.00). If
a third (3rd) citation for a similar violation is issued within one
(1) year of the first (1st) 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 100.220 of this Code of Ordinances.
3.
Employees of the City of Warrenton 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.
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.
