The following words, when used in this Article, shall have the
meanings set out herein:
ANTIQUE, CURIO OR RELIC FIREARM
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:
1.
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.
2.
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.
BLACKJACK
Any instrument that is designed or adapted for the purpose
of stunning or inflicting physical injury by striking a person, and
which is readily capable of lethal use.
CONCEALABLE FIREARM
Any firearm with a barrel less than sixteen (16) inches in
length measured from the face of the bolt or standing breech.
DEFACE
To alter or destroy the manufacturer's or importer's serial
number or any other distinguishing number or identification mark.
EXPLOSIVE WEAPON
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.
FIREARM
Any weapon that is designed or adapted to expel a projectile
by the action of an explosive.
FIREARM SILENCER
Any instrument, attachment or appliance that is designed
or adapted to muffle the noise made by the firing of any firearm.
GAS GUN
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.
INTOXICATED
Substantially impaired mental or physical capacity resulting
from introduction of any substance into the body.
KNIFE
Any dagger, dirk, stiletto or bladed hand instrument that
is readily capable of inflicting serious physical injury or death
by cutting or stabbing a person. For purposes of this Article, "knife"
does not include any ordinary pocketknife with no blade more than
four (4) inches in length.
KNUCKLES
Any instrument that consists of finger rings or guards made
of a hard substance that is designed or adapted for the purpose of
inflicting serious physical injury or death by striking a person with
a fist enclosed in the knuckles.
MACHINE GUN
Any firearm that is capable of firing more than one (1) shot
automatically, without manual reloading, by a single function of the
trigger.
PROJECTILE WEAPON
Any bow, crossbow, pellet gun, slingshot or other weapon
that is not a firearm, which is capable of expelling a projectile
that could inflict serious physical injury or death by striking or
piercing a person.
RIFLE
Any firearm designed or adapted to be fired from the shoulder
and to use the energy of the explosive in a fixed metallic cartridge
to fire a projectile through a rifled bore by a single function of
the trigger.
SHORT BARREL
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.
SHOTGUN
Any firearm designed or adapted to be fired from the shoulder
and to use the energy of the explosive in a fixed shotgun shell to
fire a number of shot or a single projectile through a smooth bore
barrel by a single function of the trigger.
SPRING GUN
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.
SWITCHBLADE KNIFE
Any knife which has a blade that folds or closes into the
handle or sheath, and
1.
That opens automatically by pressure applied to a button or
other device located on the handle; or
2.
That opens or releases from the handle or sheath by the force
of gravity or by the application of centrifugal force.
[Ord. No. 1528, 2-13-2014]
A. A person commits the crime 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
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.
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; 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 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), (8), and (10) of Subsection
(A) 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. Subdivisions (3), (4), (6), (7), and (9) of Subsection
(A) 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
(L) of this Section, and who carry the identification defined in Subsection
(M) of this Section, or any persons 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 II 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 Board of Police
Commissioners under Section 84.340, RSMo.;
9.
Any coroner, deputy coroner, medical examiner, or assistant
medical examiner;
10.
Any prosecuting attorney or assistant prosecuting attorney or
any circuit attorney or assistant circuit attorney 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 chief who is employed on a full-time basis and who has a
valid concealed carry endorsement, when such uses are reasonably associated
with or are necessary to the fulfillment of such person's official
duties.
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 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 twenty-one (21) 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 (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 or club 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 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.
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. Notwithstanding any provision of this Section to the contrary, the
State shall not prohibit any State employee from having a firearm
in the employee's vehicle on the State's property, provided
that the vehicle is locked and the firearm is not visible. This Subsection
shall only apply to the State as an employer when the State employee's
vehicle is on property owned or leased by the State and the State
employee is conducting activities within the scope of his or her employment.
For the purposes of this Subsection, "state employee" means an employee
of the executive, legislative, or judicial branch of the government
of the State of Missouri.
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 that 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. Unlawful use of weapons is a Class D felony unless committed pursuant to Subdivision (6), (7), or (8) of Subsection
(A) of this Section, in which cases it is a Class B misdemeanor, or Subdivision (5) or (10) of Subsection
(A) of this Section, in which case it is a Class A misdemeanor if the firearm is unloaded and a Class D felony if the firearm is loaded, or Subdivision (9) of Subsection
(A) of this Section, in which case it is a Class B felony, except that if the violation of Subdivision (9) of Subsection
(A) of this Section results in injury or death to another person, it is a Class A felony.
I. Violations of Subdivision (9) of Subsection
(A) of this Section shall be punished as follows:
1.
For the first violation, a person shall be sentenced to the
maximum authorized term of imprisonment for a Class B felony.
2.
For any violation by a prior offender as defined in Section
558.016, RSMo., a person shall be sentenced to the maximum authorized
term of imprisonment for a Class B felony without the possibility
of parole, probation or conditional release for a term of ten (10)
years.
3.
For any violation by a persistent offender as defined in Section
558.016, RSMo., a person shall be sentenced to the maximum authorized
term of imprisonment for a Class B felony without the possibility
of parole, probation, or conditional release.
4.
For any violation which results in injury or death to another
person, a person shall be sentenced to an authorized disposition for
a Class A felony.
J. Any person knowingly aiding or abetting any other person in the violation of Subdivision (9) of Subsection
(A) of this Section shall be subject to the same penalty as that prescribed by this Section for violations by other persons.
K. Notwithstanding any other provision of law, no person who pleads guilty to or is found guilty of a felony violation of Subsection
(A) of this Section shall receive a suspended imposition of sentence if such person has previously received a suspended imposition of sentence for any other firearms- or weapons-related felony offense.
L. 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.
M. The identification required by Subdivision (1) of Subsection
(B) of this Section 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 (1) 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 (1) 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 person commits the offense of defacing a firearm if he/she
knowingly defaces any firearm.
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, 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.
The discharge of firearms in connection with any turkey shoots
or other charitable event may be authorized by the Board of Alderpersons.