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, §5845, and the United States Treasury/Bureau
of Alcohol, Tobacco and Firearms, 27 CFR 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 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/she
knowingly:
1.
Carries concealed upon or about his/her person a knife, a firearm,
a blackjack or any other weapon readily capable of lethal use into
any area where firearms are restricted under Section 571.107, RSMo.;
or
2.
Sets a spring gun; 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/her person, while he/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.
Openly carries a firearm or any other weapon readily capable
of lethal use within the City limits; or
7.
Carries a firearm, whether loaded or unloaded, or any other
weapon readily capable of lethal use into any school, onto any school
bus, or onto the premises of any function or activity sponsored or
sanctioned by school officials or the district school board.
8.
Possesses a firearm while also knowingly in possession of a
controlled substance that is sufficient for a felony violation of
Section 579.015, RSMo.
B.
Subsections (A)(1) and (7) 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. Subsections (A)(3) and (4) 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 (12) of Section 571.030, RSMo., and who carry
the identification defined in Subsection (13) of Section 571.030,
RSMo., or any person summoned by such officers to assist in making
arrests or preserving the peace while actually engaged in assisting
such officer;
2.
Wardens, superintendents and keepers of prisons, penitentiaries,
jails and other institutions for the detention of persons accused
or convicted of crime;
3.
Members of the Armed Forces or National Guard while performing
their official duty;
4.
Those persons vested by Article V, Section 1, of the Constitution of Missouri with the judicial power of the State and those persons vested by Article III of the Constitution of the United States with the judicial power of the United States, the members of the Federal judiciary;
5.
Any person whose bona fide duty is to execute process, civil
or criminal;
6.
Any Federal Probation Officer or Federal Flight Deck Officer
as defined under the Federal Flight Deck Officer Program, 49 U.S.C.
§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 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.
Subsections (A)(1), (5) and (7) 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. 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/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)(7) 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.
Subsections (A)(1) and (7) 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.
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.
[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 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 Subsections (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 Subparagraph (1) of
this Subsection; 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.
A person commits the offense of defacing a firearm if he/she
knowingly defaces any firearm.
[R.O. 2003 §210.190]
A.
A person commits the offense of possession of a defaced firearm if
he knowingly possesses a firearm which is defaced.
B.
Possession of a defaced firearm is an ordinance violation.
[1]
Editor's Note: State Law Reference: RSMo. §571.050.
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.
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.
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.
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 210.840 while within their jurisdiction and on duty, those persons listed in Subsections (B)(2), (4) and (10) of Section 210.840, 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 Buckner 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 Buckner
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 Buckner. 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 Buckner may, in addition to any other
punishment hereby, be subject to disciplinary action.
Any person issued a concealed carry permit pursuant to Sections
571.101 to 571.121, RSMo., or a concealed carry endorsement issued
prior to August 28, 2013, shall carry the concealed carry permit or
endorsement at all times the person is carrying a concealed firearm
and shall display the concealed carry permit and a State or Federal
government-issued photo identification or the endorsement or permit
upon the request of any Peace Officer. Failure to comply with this
Section shall not be a criminal offense but the concealed carry permit
or endorsement holder may be issued a citation for an amount not to
exceed thirty-five dollars ($35.00).
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.
[Ord. No. 1080, 1-19-2023]
A.
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,
paint ball 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. This Section shall not be construed to apply:
1.
To the discharge of firearms by a duly authorized Law Enforcement
Officer when necessary in the discharge of his or her official duties
or during training.
[R.O. 2003 §210.210; Ord. No. 476 §75.03.005, 12-7-1989]
A.
Every secondhand dealer, pawnbroker, or other person engaged in the
sale, lease, exchange, or delivery of any weapons shall keep a record
of each firearm purchased, sold, leased, exchanged, or delivered at
retail.
1.
The record required herein shall be made at the time of the
transaction in a book kept for that purpose, and shall include the
name of the person to whom such weapon is sold or from whom such weapon
is purchased; his or her age, physical description, occupation, residence
and, if residing in a municipality, the street and number where he
or she resides; the make, caliber, and finish of the firearm, together
with the number or serial letter thereon, if any; the date of the
transaction involving such weapon; and the name of the employee or
other person making such purchase, sale, lease, exchange, or delivery.
2.
Every secondhand dealer, pawnbroker, or other person engaged
in the sale, rental, or exchange of any weapons shall deliver monthly
reports to the Chief of Police of every such purchase, sale, lease,
exchange, or delivery. The report shall be on forms provided by the
Chief of Police, and shall set forth the name in full, the residence,
age, and physical description, and the occupation of the person to
whom or from whom such gun, pistol, firearm or other dangerous or
deadly weapon has been purchased, sold, leased, exchanged, or delivered.
B.
Any person in violation of this Section shall be subject upon repeated
violations to the revocation of his business or occupational license.
A.
A person
licensed under Chapter 334 or 335, RSMo., who treats a person for
a wound inflicted by gunshot commits the infraction of medical deception
if he or she knowingly fails to immediately report to a local Law
Enforcement Official the name and address of the person, if known,
and if unknown, a description of the person, together with an explanation
of the nature of the wound and the circumstances under which the treatment
was rendered.
B.
A person
licensed under Chapter 334 or 335, RSMo., who, in good faith, makes
a report under this Section shall have immunity from civil liability
that otherwise might result from such report and shall have the same
immunity with respect to any good faith participation in any judicial
proceeding in which the reported gunshot wound is an issue. Notwithstanding
the provisions of Subdivision (5) of Section 491.060, RSMo., the existence
of a physician-patient relationship shall not prevent a physician
from submitting the report required in this Section, or testifying
regarding information acquired from a patient treated for a gunshot
wound if such testimony is otherwise admissible.
[Ord. No. 755 §1, 2-22-2007]
A.
General Provisions. Threats and acts of violence directed at the general public, witnesses, jurors, litigants, lawyers, court personnel, judges, City employees and elected officials demonstrate the need for additional security at the City Hall, Buckner Police Department, Buckner Municipal Court and all other City-owned buildings [hereinafter collectively referred to as "the building(s)"]. The Mayor, Board of Aldermen, Police Chief and Judge hereby prohibits all persons, with the exception of those specifically enumerated in Subsection (B) below, from carrying or possessing firearms, weapons or destructive devices in City buildings. Further, this Section prohibits all persons from carrying or being in possession of any other device(s) or instrument(s) that could be used or perceived to be used as a physical threat to persons, or property, in the building(s) owned by the City of Buckner. Prohibitions shall include but are not limited to pocket knives, ammunition, and fireworks, caustic or flammable liquids. To enforce this prohibition, the Buckner Police Officers and any other City of Buckner personnel (hereinafter collectively referred to as "the security detail") are empowered to stop all persons entering the building, with the exception of those persons specifically enumerated in Subsection B below, and condition the right of entry upon the entrant's willingness to submit to a search of their person and/or personal effects to include purses, pocketbooks, briefcases, containers, packages, pagers, cellular phones and any other electronic device deemed necessary by the security detail. All persons refusing to submit to a search shall be denied access to the building(s). Searches shall be conducted through the least intrusive means practicable. The purpose of the search is to insure the safety of the users and occupants of the building(s). Nonetheless, discovery of illegal weapons, contraband as defined in the Missouri Criminal Code, Chapter RSMo. 571, RSMo. §571.010(2) and RSMo. §571.010(18), Unlawful Use of Weapons RSMo. §571.030(10.5) or other violations of criminal statutes will result in the immediate notification of law enforcement so that an arrest and seizure may be effectuated.
B.
Persons Exempt.
1.
No Law Enforcement Officer of any department may, ninety (90)
days after the effective date of this Section, enter the building(s)
in possession of a firearm, unless the officer's employing department
has in place in its Departmental Policy and Procedures Manual a requirement
and disciplinary procedures preventing its officers from entering
the building(s) in the possession of a firearm, other than in the
course and scope of the officer's official duties. Each Law Enforcement
Department shall file with the Municipal Court Clerk a certified copy
of such policy and procedure prior to the entry of any of its Law
Enforcement Officers to the building(s).
2.
The following shall be exempt from the prohibition against carrying
firearms into the building(s):
3.
However, no Law Enforcement Officer may enter the building(s)
in possession of a firearm for any purpose other than in the course
and scope of the officer's official duties. At no time may any Law
Enforcement Officer possess a firearm within the building(s) when
off-duty or for any private or personal purpose.
4.
All non-uniform and/or plain clothes Law Enforcement Officers
shall be required to present his/her official identification prior
to entry into the building(s). Any officer not presenting official
identification shall be prohibited from possessing a firearm within
the building(s). Further, nonuniformed and/or plain clothes Law Enforcement
Officers shall be required to securely encase and conceal their firearms
from public view. All uniformed officers shall securely encase their
firearms in their service holsters. This exemption only applies to
Law Enforcement Officers who are entering the building(s) to fulfill
their official law enforcement duties.
5.
The security detail shall be required to maintain a log for all non-uniform and/or plain clothes Law Enforcement Officers in possession of a firearm and be required to cause all non-uniformed and/or plain clothes to register immediately upon entry to the building(s). The Law Enforcement Officer's reason for entry to the building(s) shall be recorded. Any Federal Law Enforcement Officer or any Law Enforcement Officer of a department not in compliance with Subsection (B)(1) shall immediately report to the Buckner Chief of Police or his/her designee. The Buckner Chief of Police or his/her designee may in his/her discretion allow that Law Enforcement Officer to possess a firearm within the building or to require the firearm to be secured in a vehicle.
6.
When entering the building(s), the following shall be exempt
from the search requirement:
C.
Nonexempt Persons.
1.
No one shall be permitted to carry any weapon into the building(s) unless the person is specifically exempted under Subsection (B) above.
2.
All Law Enforcement Officers who are authorized to carry firearms
as part of their official duties are prohibited from carrying a firearm
into the building(s) when the Law Enforcement Officer is a party to
the proceedings and not appearing in an official capacity.
3.
All Law Enforcement Officers not employed by a Law Enforcement Agency situated within Jackson County, Missouri, all State of Missouri Law Enforcement Officers not assigned to posts in Jackson County, Missouri, and any Federal Law Enforcement Officer or member of any Jackson County, Missouri of Jackson County, Missouri Municipal Law Enforcement Department which has not complied with Subsection B(1) of this Section shall be required to present identification and to immediately report to the Buckner Chief of Police and/or his/her designee. The Buckner Chief of Police and/or his/her designee may at his/her discretion allow that Law Enforcement Officer to possess a firearm within the building(s) or require said Law Enforcement Officer to secure the firearm in their vehicle.
4.
Prior to gaining access beyond the lobby of the building(s),
any person carrying a legally authorized firearm or other weapon shall
remove the weapon from the building(s) and secure it in their vehicle
before they engage in the security checkpoint(s).
D.
Admission Searches.
1.
Any person desiring to enter the building(s) shall enter through
authorized entrances and shall pass through a magnetometer (hereinafter
collectively referred to as the "metal detector").
2.
Any person who activates the metal detector must empty his or
her pockets and pass through the device a second time. If, after the
second pass-through, the metal detector is again activated, the person
shall be subject to a security search to identify all objects which
activated the metal detector.
3.
Prior to passing through the metal detector, any person carrying
a package, briefcase, container, purse, pocketbook, pager, cellular
phone or any other electronic device shall place such items in a basket
and/or shall submit it to the security detail for visual inspection
up to and including activation, if applicable.
4.
The examiner shall not read any written material disclosed during
a search.
5.
If illegal firearms, weapons, destructive devices or contraband,
as defined in the Missouri Criminal Code Chapter 571, RSMo. §571.010(2)
and RSMo. §571.010(18) are discovered during a search, the Buckner
Police Department shall be notified immediately so that an arrest
and seizure might be effectuated.
E.
Law Enforcement Within The Building(s).
1.
Any person or persons engaged in any activity which is perceived
to be a threat to the safety of persons or property within the building(s)
or which disrupt the official business conducted within the building(s),
or which disrupts the official business conducted within the building(s),
or which constitutes a violation of a Missouri Statute, Jackson County,
Missouri ordinance or other municipal ordinance shall be subject to
ejection from the building(s) upon order of a duly authorized Law
Enforcement Officer, Judge or Mayor of the City of Buckner.
2.
Any person or persons failing to immediately exit the building(s)
upon order of a duly authorized Law Enforcement Officer, Judge or
Mayor of the City of Buckner pursuant to this ordinance, shall be
subject to arrest.
F.
Packages And Letters.
1.
All packages and letters entering the building(s) shall either
pass through a metal detector or be inspected. In the case of boxes
of materials and supplies delivered to the building(s), the inspection
shall be to ensure that the integrity of the carton has not been compromised.
If a carton appears to have been opened and resealed, the carton shall
be inspected to ensure that no firearm, weapons or destructive devices
have been placed in the carton.
2.
If illegal firearms, weapons, destructive devices or contraband, as defined in the Missouri Criminal Code Chapter 571, RSMo. §571.010(2) and RSMo. §571.010(18), Subsection A of this Section, are discovered during a search, the Buckner Police Department shall be notified immediately so that an arrest and seizure may be effectuated.
G.
Notice. The following notice shall be posted in
a conspicuous place at all building(s) entrances: "FOR THE PROTECTION
OF THE PUBLIC, ALL PERSONS ENTERING THESE PREMISES MUST PASS THROUGH
THE MAGNETOMETER (METAL DETECTOR). IF THE DETECTOR REGISTERS, THAT
PERSON WILL BE SUBJECT TO A LIMITED SEARCH. ALL PACKAGES, BRIEFCASES,
POCKETBOOKS OR OTHER ITEMS CARRIED BY A PERSON MUST BE OFFERED FOR
INSPECTION IF SUCH PERSON WISHES TO ENTER THE BUILDING(S). ALL WEAPONS,
INCLUDING LEGALLY AUTHORIZED FIREARMS, MUST BE REMOVED FROM THE BUILDING(S)
PRIOR TO GAINING ENTRY INTO THE BUILDING(S). ILLEGAL WEAPONS OR OTHER
CONTRABAND DISCOVERED IN THE COURSE OF THESE SEARCH PROCEDURES WILL
BE SEIZED."
