[Ord. No. 319, 12-12-2016; Ord. No. 352, 1-8-2018]
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, § 5845, and the United States Treasury/Bureau
of Alcohol, Tobacco and Firearms, 27 CFR 478.11:
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.
BLASTING AGENT
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.
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.
DETONATOR
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.
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. For the purposes
of this Article, 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.
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 repellent 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. 319, 12-12-2016; Ord. No. 352, 1-8-2018]
A. A person commits an offense if such person knowingly possesses, manufactures,
transports, repairs, or sells:
2.
An explosive, incendiary or poison substance or material with
the purpose to possess, manufacture or sell an explosive weapon;
4.
A bullet or projectile which explodes or detonates upon impact
because of an independent explosive charge after having been shot
from a firearm;
6.
Any of the following in violation of Federal law:
b.
A short-barreled rifle or shotgun;
B. A person does not commit an offense pursuant to this Section if his/her conduct involved any of the items in Subsection
(A)(1) through
(5), the item was possessed in conformity with any applicable Federal law, and the 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 Subsection
(B)(1) of this Section; 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 using the weapon in a manner reasonably related
to a lawful dramatic performance.
[Ord. No. 319, 12-12-2016; Ord. No. 352, 1-8-2018]
A person commits the offense of defacing a firearm if he/she
knowingly defaces any firearm.
[Ord. No. 319, 12-12-2016; Ord. No. 352, 1-8-2018]
Residents of the State of Missouri may purchase firearms in
any State, provided that such residents conform to the applicable
provisions of the Federal Gun Control Act of 1968, 18 U.S.C. § 921
et seq., and regulations thereunder, and provided further that such
residents conform to the provisions of law applicable to such purchase
in the State of Missouri and in the State in which the purchase is
made.
[Ord. No. 319, 12-12-2016; Ord. No. 352, 1-8-2018]
Residents of any State may purchase firearms in the State of
Missouri, provided that such residents conform to the applicable provisions
of the Federal Gun Control Act of 1968, 18 U.S.C. § 921
et seq., and regulations thereunder, and provided further that such
residents conform to the provisions of law applicable to such purchase
in the State of Missouri and in the State in which such persons reside.
[Ord. No. 319, 12-12-2016; Ord. No. 352, 1-8-2018]
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.
[Ord. No. 319, 12-12-2016; Ord. No. 352, 1-8-2018]
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 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 Subsection 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 Subsection 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 Subsection (1) of Section 571.107, RSMo. Nothing in this Subsection shall preclude those persons listed in Subsection
(B)(1) of Section
211.840 while within their jurisdiction and on duty, those persons listed in Subsections
(B)(2), (4) and (10) of Section
211.840, 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 Subsection (1) of Section 571.107, RSMo., from carrying a concealed firearm within any of the areas described in this Subsection. Possession of a firearm in a vehicle on the premises of any of the areas listed in this Subsection 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 Duquesne Board of Aldermen, except that nothing
in this Subsection shall preclude a 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 of which
he or she is a member. 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 Duquesne
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 Duquesne. Persons violating
this Subsection may be denied entrance to the building, ordered to
leave the building and, if employees of the City, be subjected to
disciplinary measures for violation;
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 Subsection shall not apply to the licensee of said establishment.
The provisions of this Subsection 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 Subsection 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 Subsection 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 child care facility without
the consent of the manager. Nothing in this Subsection shall prevent
the operator of a child care 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 permit
or endorsement from carrying concealed firearms on the premises and
may prohibit employees, not authorized by the employer, holding a
concealed carry permit or 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 permit or 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. 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 permit or 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 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). 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). Upon conviction of charges arising
from a citation issued pursuant to this Section, the court shall notify
the Sheriff of the County which issued the concealed carry permit,
or, if the person is a holder of a concealed carry endorsement issued
prior to August 28, 2013, the court shall notify the Sheriff of the
County which issued the certificate of qualification for a concealed
carry permit or endorsement and the Department of Revenue.
2.
If the violator does not hold a current valid concealed carry permit or endorsement issued pursuant to State law, upon conviction of a charge of violating this Section the defendant shall be punished as provided in Section
100.220 of this Code of Ordinances.
3.
Employees of the City of Duquesne may, in addition to any other
punishment hereby, be subject to disciplinary action.
C. 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 permit or endorsement pursuant to
State law to fail to carry the concealed carry permit or endorsement
at all times the person is carrying a concealed firearm, or to fail
to display the concealed carry permit or endorsement upon the request
of any Peace Officer.
[Ord. No. 319, 12-12-2016; Ord. No. 352, 1-8-2018]
Any person who has a valid concealed carry endorsement issued
prior to August 28, 2013, or a valid concealed carry permit, and who
is lawfully carrying a firearm in a concealed manner, may briefly
and openly display the firearm to the ordinary sight of another person,
unless the firearm is intentionally displayed in an angry or threatening
manner, not in necessary self-defense.
[R.O. 2004 § 210.255; Ord. No.
26 § 1, 11-10-2003; Ord. No. 319, 12-12-2016; Ord. No. 352, 1-8-2018]
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 or unconcealed firearm in any portion of a building owned, leased, or controlled by the City, or onto or into any property posted as being off-limits to concealed or unconcealed firearms as defined in Subsection
(C) below. For purposes of this Section, the term "building" shall include any facility owned, operated, leased, or controlled by the City, including any facility where access is controlled with a fence or gate and a partially or fully enclosed structure exists thereon.
B. 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 or an unconcealed firearm onto any private property whose owner has posted a sign as described in Subsection
(C) below, in a conspicuous place.
C. The sign(s) required pursuant to Subsections
(A) and
(B) above, shall be placed on the premises in a conspicuous place with a minimum size of eleven (11) inches by fourteen (14) inches with the writing thereon in letters of not less than one (1) inch stating that the carrying of firearms is prohibited on the premises. If the property posted is open to the public, signs shall be posted at each public entrance.
D. No
City employee except Police Officers and other such persons as may
be authorized by the Mayor and Board of Aldermen, shall carry any
weapon on any City property or in any City vehicle.
E. 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.
F. No person who has been issued a Certificate of Qualification which allows the person to carry a concealed firearm 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, or upon any other properly posted property as described in Subsection
(B) above.
G. Any person carrying such a concealed weapon who, after request, refuses to leave any properly posted premises and a Peace Officer has been summoned, shall be punished upon conviction or plea of guilt thereof, as provided by Section
100.220, but in no case shall the fine exceed one hundred dollars ($100.00) for the first offense, two hundred dollars ($200.00) for the second offense if within six (6) months of the first citation, and five hundred dollars ($500.00) for the third offense if within one (1) year of the first citation.
[Ord. No. 459, 2-22-2021]
Target practices, shooting matches or other such activities
are prohibited in the City except upon express permission therefor
given by the Chief of Police in his/her discretion. When any such
activity has been permitted by the chief, it shall be conducted pursuant
to and under such conditions and regulations promulgated therefor
by the Chief of Police.