[Ord. No. 423 §1, 5-3-2004]
As used in this Chapter, the following terms shall have the
meanings indicated 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 FIREARMAny 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 FIREARMAny firearm deriving value as a collectible weapon due to its unique design, ignition system, operation or at least fifty (50) years old, associated with a historical event, renown personage or major war.
Any instrument that is designed or adapted for the purpose
of stunning or inflicting physical injury by striking a person and
which is readily capable of lethal use.
Any firearm with a barrel less than sixteen (16) inches in
length measured from the face of the bolt or standing breech.
To alter or destroy the manufacturer's or importer's serial
number or any other distinguishing number or identification mark.
Any explosive, incendiary or poison gas bomb or similar device
designed or adapted for the purpose of inflicting death, serious physical
injury or substantial property damage; or any device designed or adapted
for delivering or shooting such a weapon.
Any weapon that is designed or adapted to expel a projectile
by the action of an explosive.
Any instrument, attachment or appliance that is designed
or adapted to muffle the noise made by the firing of any firearm.
Any gas ejection device, weapon, cartridge, container or
contrivance other that 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 Chapter, "knife" does not include any ordinary pocketknife with no
blade more that 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 that 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 shots 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. 423 §1, 5-3-2004]
A.
A person
commits the offense 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.
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 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:
1.
All State, County and municipal Peace Officers who have completed
the training required by the Police Officer Standards and Training
Commission pursuant to Sections 590.030 to 590.050, RSMo., and possessing
the duty and power of arrest for violation of the general criminal
laws of the State or for violation of ordinances of Counties or municipalities
of the State, whether such officers are on or off duty and whether
such officers are within or outside of the law enforcement agency's
jurisdiction, or any person summoned by such officers to assist in
making arrests or preserving the peace while actually engaged in assisting
such officer;
2.
Wardens, superintendents and keepers of prisons, penitentiaries,
jails and other institutions for the detention of persons accused
or convicted of crime;
3.
Members of the Armed Forces or National Guard while performing their
official duty;
4.
Those persons vested by Article V, Section 1 of the Constitution
of Missouri with the judicial power of the State and those persons
vested by Article III of the Constitution of the United States with
the judicial power of the United States, the members of the Federal
judiciary;
5.
Any person whose bona fide duty is to execute process, civil or criminal;
6.
Any Federal Probation Officer;
7.
Any State Probation or Parole Officer, including supervisors and
members of the Board of Probation and Parole;
8.
Any corporate security advisor meeting the definition and fulfilling
the requirements of the regulations established by the Board of Police
Commissioners under Section 84.340, RSMo.; and
9.
Any coroner, deputy coroner, medical examiner or assistant medical
examiner.
C.
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.
[Ord. No. 423 §1, 5-3-2004]
A.
Except as provided in Subsection (B) of this Section, it shall be unlawful for any person to knowingly possess, manufacture, transport, repair or sell:
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;
or
2.
Was incident to engaging in a lawful commercial or business transaction
with an organization enumerated in paragraph (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 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 paragraph (1), (3) or (5) of Subsection (A) of this Section it must be in such a non-functioning condition that it cannot readily be made operable. No short barreled rifle, short barreled shotgun or machine gun 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 "collector's item" by the Secretary of the Treasury pursuant to
the U.S.C. Title 26, Section 5845(a).
[Ord. No. 423 §1, 5-3-2004]
[Ord. No. 423 §1, 5-3-2004]
A.
A person
commits the offense of unlawful transfer of weapons if he/she:
1.
Knowingly sells, leases, loans, gives away or delivers a firearm
or ammunition for a firearm to any person who, under the provisions
of Section 571.070, RSMo., is not lawfully entitled to possess such;
2.
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 that 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
3.
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.
[Ord. No. 423 §1, 5-3-2004]
A.
A person
commits the offense of unlawful possession of a concealable firearm
if he/she has any concealable firearm in his/her possession and:
1.
He/she has pled guilty to or has been convicted of a dangerous felony,
as defined in Section 556.061, RSMo., or of any attempt to commit
a dangerous felony or of a crime under the laws of any State or of
the United States which, if committed within this State, would be
a dangerous felony or confined therefor in this State or elsewhere
during the five (5) year period immediately preceding the date of
such possession; or
2.
He/she is a fugitive from justice, is habitually in an intoxicated
or drugged condition, or is currently adjudicated mentally incompetent.
[Ord. No. 423 §1, 5-3-2004]
A.
It
shall be a violation of this Section, punishable as hereinafter provided,
for any person to carry any 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 Rogersville 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.
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 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 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, except that nothing in this
Subdivision shall preclude a member of the Board of Aldermen, holding
a valid concealed carry endorsement, from carrying a concealed firearm
at a 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 Rogersville,
Missouri, identified by signs posted at the entrance to the building.
This Subdivision shall not apply to any building used for public housing
by private persons, highways or rest area, firing ranges and private
dwellings owned, leased or controlled by the City of Rogersville,
Missouri. Persons violating this Subdivision may be denied entrance
to the building, ordered to leave the building and, if employees of
the City, be subject to disciplinary measures for violation.
7.
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.
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 criminal offense 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.
No
City employee, except Police Officers and such other persons as may
be authorized by the City Administrator, shall carry any weapon on
City property or in any City vehicle.
C.
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) and
his or 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 or 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.
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 210.007 of this Code of Ordinances.
3.
Employees of the City of Rogersville may, in addition to any other
punishment provided hereby, be subject to disciplinary action.
4.
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.
