The following words, when used in this Article, shall have the
meanings set out herein:
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 definition, 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.
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 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:
[Ord. No. 2056, 9-16-2020]
1.
Carries concealed upon or about his or her person a knife, a
firearm, a blackjack or any other weapon readily capable of lethal
use into any area where firearms are restricted under Section 571.107,
RSMo.;
2.
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;
3.
Discharges or shoots a firearm or projectile weapon within the City unless acting in self-defense or as permitted in Section 210.300 of this City Code;
4.
Discharges a firearm within one hundred (100) yards of any occupied
schoolhouse, courthouse, or church building;
5.
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;
6.
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;
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.
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
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.
B.
Subparagraphs (1), (5) and (6) of Subsection (A) of this Section shall not apply to the persons described in this Subsection (B), 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 (B). Subparagraphs (3), (4), (7) and (8) of Subsection (A) shall not apply to or affect any of the following persons, when such uses are reasonably associated with or are necessary to the fulfillment of such person's official duties, except as otherwise provided in this Subsection:
1.
All State, county and municipal Peace Officers who have completed the training required by the Police Officer Standards and Training Commission pursuant to Sections 590.030 to 590.050, RSMo., and who possess the duty and power of arrest for violation of the general criminal laws of the State or for violation of ordinances of counties or municipalities of the State, whether such officers are on or off duty, and whether such officers are within or outside of the law enforcement agency's jurisdiction, or all qualified retired Peace Officers, as defined in Subsection (H), and who carry the identification defined in Subsection (I), 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, regardless of whether such officers are on duty, or
within the law enforcement agency's jurisdiction;
7.
Any state Probation or Parole Officer, including supervisors
and members of the Board of Probation and Parole;
8.
Any corporate security advisor meeting the definition and fulfilling
the requirements of the regulations established by the Department
of Public Safety under Section 590.750, RSMo.;
9.
Any coroner, deputy coroner, medical examiner, or assistant
medical examiner;
10.
Any municipal or county prosecuting attorney or assistant prosecuting
attorney; circuit attorney or assistant circuit attorney; municipal,
associate, or circuit judge; or any person appointed by a court to
be a special prosecutor who has completed the firearms safety training
course required under Subsection 2 of Section 571.111, RSMo.;
11.
Any member of a fire department or fire protection district
who is employed on a full-time basis as a fire investigator and who
has a valid concealed carry endorsement issued prior to August 28,
2013, or a valid concealed carry permit under Section 571.111, RSMo.,
when such uses are reasonably associated with or are necessary to
the fulfillment of such person's official duties; and
12.
Upon the written approval of the governing body of a fire department
or fire protection district, any paid fire department or fire protection
district member who is employed on a full-time basis and who has a
valid concealed carry endorsement issued prior to August 28, 2013,
or a valid concealed carry permit, when such uses are reasonably associated
with or are necessary to the fulfillment of such person's official
duties.
C.
(Reserved)
D.
Subparagraphs (1), (2), (5) and (6) of Subsection (A) of this Section do not apply when the actor is transporting such weapons in a nonfunctioning 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 nineteen (19) years of age or older or eighteen (18) years of age or older and a member of the United States Armed Forces, or honorably discharged from the United States Armed Forces, transporting a concealable firearm in the passenger compartment of a motor vehicle, so long as such concealable firearm is otherwise lawfully possessed, nor when the actor is also in possession of an exposed firearm or projectile weapon for the lawful pursuit of game, or is in his or her dwelling unit or upon premises over which the actor has possession, authority or control, or is traveling in a continuous journey peaceably through this state. Subdivision (6) 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 or club event.
E.
Subparagraphs (1), (5) and (6) of Subsection (A) 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.
Subparagraphs (2), (3), (4), (5) (6), (7) and (8) 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.
G.
Nothing in this Section shall make it unlawful for a student to actually
participate in school-sanctioned gun safety courses, student military
or ROTC courses, or other school-sponsored or club-sponsored firearm-related
events, provided the student does not carry a firearm or other weapon
readily capable of lethal use into any school, onto any school bus,
or onto the premises of any other function or activity sponsored or
sanctioned by school officials or the district school board.
H.
As used in this Section "qualified retired Peace Officer" means an
individual who:
1.
Retired in good standing from service with a public agency as
a Peace Officer, other than for reasons of mental instability;
2.
Before such retirement, was authorized by law to engage in or
supervise the prevention, detection, investigation, or prosecution
of, or the incarceration of any person for, any violation of law,
and had statutory powers of arrest;
3.
Before such retirement, was regularly employed as a Peace Officer
for an aggregate of fifteen (15) years or more, or retired from service
with such agency, after completing any applicable probationary period
of such service, due to a service-connected disability, as determined
by such agency;
4.
Has a nonforfeitable right to benefits under the retirement
plan of the agency if such a plan is available;
5.
During the most recent twelve-month period, has met, at the
expense of the individual, the standards for training and qualification
for active Peace Officers to carry firearms;
6.
Is not under the influence of alcohol or another intoxicating
or hallucinatory drug or substance; and
7.
Is not prohibited by Federal law from receiving a firearm.
I.
The identification required by Subparagraph (1) of Subsection (B) 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 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 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.
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 municipal 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 Subparagraph shall also include, but not be limited
to, any room or office wherein any of the courts or offices listed
in this Subparagraph 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 Subparagraph 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),
(4), and (10) 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 Subparagraph. Possession
of a firearm in a vehicle on the premises of any of the areas listed
in this Subparagraph 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 Dardenne Prairie Board of Aldermen, except
that nothing in this Subsection shall preclude the Mayor or any 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, or any committee thereof. 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 Dardenne
Prairie 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 Dardenne Prairie.
Persons violating this Subsection may be denied entrance to the building
and ordered to leave the building.
a.
Nothing in this subparagraph (6) shall preclude the Mayor, members
of the Board of Aldermen, employees of the City, appointed officials
of the City, or the employees of tenants of City Hall subject to valid
lease holding a valid concealed carry permit or endorsement, from
carrying a concealed firearm in any building owned, leased or controlled
by the City, subject to rules and regulations approved by the Mayor.
b.
Signs shall be posted at each entrance of a building entirely
owned, leased or controlled by the City stating that carrying of firearms
is prohibited. Where the City owns, leases or controls only a portion
of a building, signs shall be posted at each entrance to that portion
of the building, stating that carrying of firearms is prohibited.
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 Subparagraph shall not apply to the licensee of said establishment.
The provisions of this Subparagraph 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 Subparagraph 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 Subparagraph 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 childcare facility without
the consent of the manager. Nothing in this Subparagraph shall prevent
the operator of a childcare 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 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.
Carrying of a concealed firearm in a location specified in Subparagraphs (1) to (17) of Subsection (A) of this Section by any individual who holds a concealed carry permit issued pursuant to Sections 571.101 to 571.121, RSMo., or a concealed carry endorsement issued prior to August 28, 2013, 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 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) and his or her permit. 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). Any City employee violating Subsection (A) of this Section may be disciplined.
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
Subsection 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).
The discharge of firearms in connection with any turkey shoots
or other charitable event may be authorized by the Board of Aldermen.
A.
ALL-TERRAIN VEHICLE
BOW
VEHICLE
WILDLIFE CODE
Definitions. For purposes of this Section, the following words shall
have the meanings as set forth herein:
Shall have the same meaning as set forth in Section 300.010 of this Code.
A device drawn and held by hand and not fastened to a stock
nor to any other mechanism that maintains the device in a drawn position.
This definition includes long-bows, recurve bows and compound bows.
Shall have the same meaning as set forth in Section 300.010 of this Code.
Division 10 of Title 3 of the Missouri Code of State Regulations,
as amended.
B.
Certain Actions Permitted. Upon first obtaining a permit under Subsection (C) of this Section, and subject to compliance with the provisions of this Section, a property owner or his/her invitees may bow hunt deer or engage in target shooting with a bow on the property owned by such person or entity, so long as the property consists of at least two (2) contiguous acres and is primarily used for residential or agricultural purposes.
C.
Specific Action Prohibited/Required.
1.
It shall be unlawful for any person to bow hunt in the City
pursuant to this Section unless such person is carrying a valid Missouri
hunting permit and any necessary tags on their person at all times.
It shall be unlawful for any person to fail to comply with the State
of Missouri Wildlife Code, Federal hunting regulations, and City ordinances.
2.
It shall be unlawful for any person to discharge any bow from
or across any publicly owned property, street, sidewalk, road, highway
or playground.
3.
It shall be unlawful to discharge an arrow at such an angle
or distance as to land on property owned or controlled by the City,
the United States, or of this State or any agency or political subdivision
thereof, or on any private property of another without such private
property owner's express consent.
4.
No person shall discharge a bow from a moving motor vehicle
or all-terrain vehicle.
5.
It shall be unlawful to possess, consume or be under the influence
of alcohol or any other controlled substance while discharging a bow
within the City.
6.
Any person who kills or injures any deer while hunting shall
make a reasonable search to retrieve the deer and take it into his
or her possession. It is the hunter's responsibility to immediately
notify any property owner, other than the owner of the property on
which the hunt occurred, of the fact that an injured or dead deer
is located on his or her property and to obtain the permission of
the property owner to enter onto the property and retrieve the deer.
If the hunter is unable to obtain the permission of the property owner
to retrieve an injured or dead deer, the hunter shall immediately
notify the Missouri Department of Conservation.
7.
It shall be unlawful for any person who kills any deer while
hunting to field dress a deer in a public or conspicuous location.
