The following words when used in this Article shall have the meanings set out herein:
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.
CONCEALABLE FIREARM
Any firearm with a barrel less than sixteen (16) inches in length, measured from the face of the bolt or standing breech.
FIREARM
Any weapon that is designed or adapted to expel a projectile by the action of an explosive.
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 Chapter, "knife" does not include any ordinary pocket knife 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.
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.
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.
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. 164-2004 §1, 2-3-2004]
A. 
A person commits the offense of unlawful use of weapons if he/she knowingly:
1. 
Carries concealed upon or about his/her person a knife, firearm, 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, 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 person, any weapon readily capable of lethal use in an angry or threatening manner; or
5. 
Possesses or discharges a firearm or projectile weapon while intoxicated; 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 school 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, local 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 at any person or at any other motor vehicle or at any building or habitable structure, unless the person was lawful 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. 
Subsection (A) of this Section shall not apply to or affect any of the following:
1. 
All State, County and municipal Law Enforcement Officers 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 within or outside their jurisdictions or on or off duty, or any person summoned by such officers to assist in making arrest or preserving the peace while actually engaged in assisting such officer;
2. 
Wardens, superintendents and keepers of prisons, penitentiaries, jails or 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;
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.;
9. 
Any coroner, deputy coroner, medical examiner or assistant medical examiner.
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/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 the 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.
[1]
State Law Reference — The provisions of L. 2003 H.B. 349, et al, enacted section 571.094 which has been codified as §571.101 through 571.121, RSMo., as amended.
[Ord. No. 164-2004 §2, 2-3-2004]
A. 
No person shall carry concealed firearms 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. The Chief of Police is hereby designated as the Chief Law Enforcement Officer for the City of Neosho for the purposes of this Section;
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. 
Any courthouse solely occupied by the Circuit 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. Nothing in this Subdivision shall preclude those person listed in Subdivision (1) of Subsection (2) of Section 571.030, RSMo., while within their jurisdiction and on duty, those persons listed in Subdivisions (2) and (4) of Subsection (2) of Section 571.030, RSMo., or such other persons who serve in a law enforcement capacity for a court as may be specified by Supreme Court rule 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;
4. 
Any meeting of the City Council, except that nothing in this Subdivision shall preclude a member of the City Council, City Manager or City Attorney holding a valid concealed carry endorsement from carrying a concealed firearm at a meeting of the City Council. 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.
B. 
Concealed Weapons Prohibited in City Buildings.
1. 
No person shall carry any weapon as identified in Section 215.630 in any portion of any building owned, leased or controlled by:
a. 
The City of Neosho, excepting however:
(1) 
Highways, streets, roads, avenues, drives, boulevards, courts, rest areas, RV parks and firing ranges, or
(2) 
City of Neosho parks or recreation areas; or
(3) 
City of Neosho Housing Authority, excepting however:
(a) 
Private dwellings owned, leased or controlled by the Housing Authority except to the extent that such a prohibition is required by Federal law.
Persons violating this Section shall be denied entrance to the building, ordered to leave the building and, if employees of the unit of government, be subjected to disciplinary measures for violation of this Section.
2. 
All buildings identified in Subdivision (A) of Subsection (2) of this Section shall be clearly identified by signs posted at the entrance to the restricted area.
3. 
Any establishment licensed to dispense intoxicating liquor or non-intoxicating beer 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.
4. 
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 criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises.
5. 
Any place where the carrying of a firearm is prohibited by Federal law.
6. 
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 the 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.
7. 
Any portion of a building used as a child care facility without the consent of the owner or manager. Possession of a firearm in a vehicle on the premises of a child care 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. Nothing in this Subdivision shall prevent the operator of a child care facility in a family home from owning or possession a firearm or a driver's license or non-driver's license containing a concealed carry endorsement.
8. 
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 or brandished while the vehicle is on the premises.
9. 
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 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.
10. 
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.
11. 
Any hospital accessible by the public. 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.
C. 
No City employee, except Police Officers and such other persons as may be authorized by the City Manager, shall carry any weapon as defined in Section 215.630 on City property or in any City vehicle.
D. 
Carrying of a concealed firearm in a location prohibited by this Section by any individual who holds concealed carry endorsement issued pursuant to this Section shall not be a criminal act but may subject the person to denial to the premises or removal from the premises. If such person refuses to leave the premises and a Law Enforcement 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) and his/her endorsement to carry concealed firearms shall be suspended for a period of one (1) year. 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) and shall have his/her concealed carry endorsement revoked and such person shall not be eligible for a concealed carry endorsement for a period of three (3) years. Upon conviction of charges arising from a citation issued pursuant to this Subsection, 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.