The following words, when used in this Article, shall have the
meanings set out herein:
Any firearm so defined by the National Gun Control Act, 18
U.S.C. Title 26, Section 5845, and the United States Treasury/Bureau
of Alcohol, Tobacco and Firearms, 27 CFR Section 178.11:
Antique firearm is any firearm not designed or redesigned for
using rim fire or conventional center fire ignition with fixed ammunition
and manufactured in or before 1898, said ammunition not being manufactured
any longer; this includes any matchlock, wheel lock, flintlock, percussion
cap or similar type ignition system, or replica thereof.
Curio or relic firearm is any firearm deriving value as a collectible
weapon due to its unique design, ignition system, operation or at
least fifty (50) years old, associated with a historical event, renown
personage or major war.
Any instrument that is designed or adapted for the purpose
of stunning or inflicting physical injury by striking a person, and
which is readily capable of lethal use.
Any 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 than a gas bomb, that is designed or adapted for
the purpose of ejecting any poison gas that will cause death or serious
physical injury, but not any device that ejects a repellant or temporary
incapacitating substance.
Substantially impaired mental or physical capacity resulting
from introduction of any substance into the body.
Any dagger, dirk, stiletto, or bladed hand instrument that
is readily capable of inflicting serious physical injury or death
by cutting or stabbing a person. For purposes of this Article, "knife"
does not include any ordinary pocketknife with no blade more than
four (4) inches in length.
Any instrument that consists of finger rings or guards made
of a hard substance that is designed or adapted for the purpose of
inflicting serious physical injury or death by striking a person with
a fist enclosed in the knuckles.
Any firearm that is capable of firing more than one (1) shot
automatically, without manual reloading, by a single function of the
trigger.
Any bow, crossbow, pellet gun, slingshot or other weapon
that is not a firearm, which is capable of expelling a projectile
that could inflict serious physical injury or death by striking or
piercing a person.
Any firearm designed or adapted to be fired from the shoulder
and to use the energy of the explosive in a fixed metallic cartridge
to fire a projectile through a rifled bore by a single function of
the trigger.
A barrel length of less than sixteen (16) inches for a rifle
and eighteen (18) inches for a shotgun, both measured from the face
of the bolt or standing breech, or an overall rifle or shotgun length
of less than twenty-six (26) inches.
Any firearm designed or adapted to be fired from the shoulder
and to use the energy of the explosive in a fixed shotgun shell to
fire a number of shot or a single projectile through a smooth bore
barrel by a single function of the trigger.
Any fused, timed or non-manually controlled trap or device
designed or adapted to set off an explosion for the purpose of inflicting
serious physical injury or death.
Any knife which has a blade that folds or closes into the
handle or sheath, and
A.
A person
commits the offense of unlawful use of weapons if he/she knowingly:
1.
Carries concealed upon or about his/her person a knife, a firearm,
a blackjack or any other weapon readily capable of lethal use;
2.
Sets a spring gun;
3.
Discharges or shoots a firearm;
4.
Exhibits, in the presence of one or more persons, any weapon readily
capable of lethal use in an angry or threatening manner;
5.
Possesses a firearm or projectile weapon while intoxicated;
6.
Openly carries a firearm or any other weapon readily capable of lethal
use; 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.
B.
Subparagraphs (1), (3), (4), (6) and (7) 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.
Subparagraphs (1), (5), (6) and (7) 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. Subparagraph (1) of Subsection (A) of this Section does not apply to any person twenty-one (21) years of age or older transporting a concealable firearm in the passenger compartment of a motor vehicle, so long as such concealable firearm is otherwise lawfully possessed, nor when the actor is also in possession of an exposed firearm or projectile weapon for the lawful pursuit of game, or is in his/her dwelling unit or upon premises over which the actor has possession, authority or control, or is traveling in a continuous journey peaceably through this State. Subparagraph (6) of Subsection (1) of Section 571.030, RSMo., 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.
Subparagraphs (1), (6) and (7) 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.
Subparagraphs (3), (4), (5), (6) and (7) of Subsection (A) of this Section shall not apply to persons who are engaged in a lawful act of defense pursuant to Section 563.031, RSMo.
F.
Nothing
in this Section shall make it unlawful for a student to actually participate
in school-sanctioned gun safety courses, student military or ROTC
courses, or other school-sponsored firearm-related events, provided
the student does not carry a firearm or other weapon readily capable
of lethal use into any school, onto any school bus, or onto the premises
of any other function or activity sponsored or sanctioned by school
officials or the district school board.
G.
Any
person knowingly aiding or abetting any other person in the violation
of Subdivision (9) of Subsection (1) of Section 571.030, RSMo., shall
be subject to the same penalty as that prescribed by this Section
for violations by other persons.
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
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;
2.
Was incident to engaging in a lawful commercial or business transaction
with an organization enumerated in Paragraph (1) of this Subsection;
3.
Was incident to using an explosive weapon in a manner reasonably
related to a lawful industrial or commercial enterprise;
4.
Was incident to displaying the weapon in a public museum or exhibition;
or
5.
Was incident to dealing with the weapon solely as a curio, ornament, or keepsake, or to using it in a manner reasonably related to a lawful dramatic performance; but if the weapon is the type described in 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 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 "collectors item" by the Secretary of the Treasury pursuant to the U.S.C. title 26, Section 5845(a).
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
A.
It
shall be unlawful for any person to knowingly deface a firearm.
B.
It
shall be unlawful for any person to knowingly be in possession of
a firearm which has been defaced.
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
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.
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 adjudged mentally incompetent.
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
[Ord. No. 885 §§I —
IV, 12-8-2003]
A.
No
person, including those who have been issued a concealed carry endorsement
by the Missouri Director of Revenue under Sections 571.101 to 571.121,
RSMo., or who have a permit or endorsement to carry concealed firearms
issued by another State or political subdivision of another State,
shall carry a concealed firearm in any building or portion of any
building owned, leased or controlled by the City of Pine Lawn or anywhere
within the Pine Lawn City limits unless:
1.
They are Police Officers of the City of Pine Lawn or other duty licensed,
authorized and invited Law Enforcement Officers (licensed and authorized
both as a Law Enforcement Officer and to carry firearms); or
2.
Had such a permit or endorsement or could have qualified for a permit
or endorsement to carry a concealed firearm under State Statute (as
it existed) as of the time immediately prior to the effective date
of the referred to legislation.
B.
Signs
posted at each entrance of a building owned, leased or controlled
by Pine Lawn shall state that the carrying of firearms is prohibited.
C.
Any
person violating this Section may be denied entrance to the building
or ordered to leave the building. Any City employee violating this
Section may be disciplined. Further, any person violating this Section
may be fined up to five hundred dollars ($500.00) per violation and
forfeit the weapon or weapons so carried.
D.
It
is the intention hereof and this Section shall be interpreted to reflect
the intention to prohibit the carrying of concealed firearms to the
maximum extent permissible by the laws of Missouri immediately prior
to the effective date of the recent "concealed carry legislation".
It is the further intention of this Section to assert the City's constitutional
right to prohibit the carrying of concealed weapons within the City
limits as well as to protect the lives and safety of its citizens.
Any person within the limits of this City who shall discharge
any BB gun, spring gun, paintball gun or air gun or shall shoot any
pebble, bullet, slug, arrow or other hard substance by means of a
sling, crossbow, rubber band or bow or any other means shall be deemed
guilty of an ordinance violation.
