[1]
Editor's Note — Ord. no. 2004-4 §1, adopted April
19, 2004, repealed sections 215.130 "weapons — carrying concealed
— other unlawful use", 215.140 "discharging air gun, etc.",
215.150 "unlawful transfer of weapons" and 215.160 "bows and arrows
— shooting, etc." and enacted new provisions set out herein.
Former sections 215.130 — 215.160 derived from CC 1983 §§19-48
— 19-49.
[Ord. No. 2004-4 §1, 4-19-2004]
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 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; 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; or
11.
Discharges or shoots a firearm within the City limits.
B.
Subparagraphs (1), (3), (4), (6), (7), (8), (9), (10) and (11) of Subsection (A) of this Section shall not apply to or affect any of the following:
1.
All State, County and Municipal Peace Officers 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 within or outside their jurisdictions
or on or off duty, 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), (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. 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 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 the State of Missouri.
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 Section 571.094, 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), (10) and (11) 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. 2004-4 §1, 4-19-2004]
A.
No
person who has been issued a concealed carry endorsement by the Missouri
Director of Revenue under Sections 571.101 to 571.121, RSMo., or who
has been issued a valid permit or endorsement to carry concealed firearms
issued by another State or political subdivision of another State
shall, by authority of that endorsement or permit, be allowed to carry
a concealed firearm or to openly carry a firearm in any building or
portion of a building owned, leased or controlled by the City.
B.
Signs
shall be posted at each entrance of a building entirely owned, leased
or controlled by the City stating that carrying 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.
C.
This
Section shall not apply to buildings used for public housing by private
persons, highways or rest areas, firing ranges or private dwellings
owned, leased or controlled by the City.
D.
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.
E.
No
person who has been issued a certificate of qualification which allows
the person to carry a concealed weapon before the Director of Revenue
begins issuing concealed carry endorsements in July, 2004, shall,
by authority of that certificate, be allowed to carry a concealed
firearm or to openly carry a firearm in any building or portion of
a building owned, leased or controlled by the City.
F.
No
person who has been issued a concealed carry endorsement by the Missouri
Director of Revenue under Sections 571.101 to 571.121, RSMo., or who
has been issued a valid permit or endorsement to carry concealed firearms
issued by another State or political subdivision of another State
shall, by authority of that endorsement or permit, be allowed to carry
a concealed firearm or to openly carry a firearm into or upon any
location, area or building set forth in Subdivisions (1) to (17) of
Subsection (20) of Section 571.094, RSMo.
G.
Carrying
a concealed firearm in a location specified in this Section or specified
in Subdivisions (1) to (17) of Subsection (20) of Section 571.094,
RSMo., by any individual who holds a concealed carry endorsement issued
pursuant to Sections 571.101 to 571.121, RSMo., 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 (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). 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).
[Ord. No. 2004-4 §1, 4-19-2004]
Any person within the limits of this City who shall discharge
any BB gun, spring gun or air gun or shall shoot any pebble, bullet,
slug 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.
[Ord. No. 2004-4 §1, 4-19-2004]
A.
A person
commits the offense of unlawful transfer of weapons if he/she:
1.
Knowingly sells, leases, loans, gives away or delivers a 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.
|
|
It shall be unlawful for any person to engage in the unlawful
transfer of weapons.
|
[Ord. No. 2004-4 §1, 4-19-2004]
It shall be unlawful for any person to willfully or promiscuously
discharge or project an arrow, except arrows constructed with rubber
tips, from a bow or crossbow or by any other means, within the City,
except at or upon an archery range approved by the Chief of Police.
[Ord. No. 2004-4 §1, 4-19-2004]
Except as provided in Subparagraph (G) of Section 215.135, upon conviction of a violation of any provision of this Chapter, the violator shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment in the City or County Jail not exceeding ninety (90) days, or by both such fine and imprisonment.
