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. 4802, 9-18-2023]
A. A person commits the ordinance violation of unlawful use of a firearm if he or she knowingly openly carries or displays a firearm readily capable of lethal use in the City of Berkeley, Missouri, unless the person has been issued a valid Missouri concealed carry endorsement or permit or a valid concealed carry permit issued by another State or political subdivision of another State that is recognized by the State of Missouri and displays the concealed carry endorsement or permit upon demand of a Law Enforcement Officer except as provided in Subsection
(C) of this Section.
B. Definitions.
As used in this Section the following term shall have the meanings
indicated:
1. The term "firearm" as used in this Section means any rifle, shotgun,
weapon, or similar mechanism by whatever name known, which is designed
to expel a projectile or projectiles through a gun barrel, tube, pipe,
cylinder or similar device by the action of any explosive. The term
"firearm" shall not apply to devices used exclusively for commercial,
industrial, or vocational purposes.
C. 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 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 Section 571.030.12, RSMo., and who carry the identification
defined in Section 571.030.13, RSMo., 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 I 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 Missouri 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 Section 571.111.2, 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 Missouri concealed carry endorsement issued prior to August
28, 2013, or a valid concealed carry permit issued under Section 571.101
to 571.121, RSMo., when such uses are reasonably associated with or
are necessary to the fulfillment of such person's official duties;
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 Missouri concealed carry endorsement issued prior to August
28, 2013, or a valid concealed carry, when such uses are reasonably
associated with or are necessary to the fulfillment of such person's
official duties; and
13. Any persons who are engaged in a lawful act of defense pursuant to
Section 563.031, RSMo.
D. Subsection
(A) of this Section shall not be construed to preclude the use of a firearm in accordance with Section 252.243, RSMo.
E. Penalties.
1. Any person eighteen (18) years of age or older violating Subsection
(A) shall upon conviction be punished by a fine of not less than twenty-five dollars ($25.00), nor more than five hundred dollars ($500.00), or by imprisonment in the County Jail for not more than one (1) year, or by both such fine and imprisonment.
2. Any person under eighteen (18) years of age violating Subsection
(A) shall upon conviction be punished by a fine of not less than twenty-five dollars ($25.00), nor more than five hundred dollars ($500.00), or by community service for a period of hours to be determined by the court, or by both such fine and community service.
F. Subsection
(A) of this Section shall not apply under the following circumstances:
1. A person with a valid Missouri concealed carry endorsement or permit
or a valid concealed carry permit issued by another State or political
subdivision of another State that is recognized by the State of Missouri
who openly carries or displays a firearm readily capable of lethal
use without having their concealed carry endorsement or permit in
their possession may be punished by a fine of not more than thirty-five
dollars ($35.00).
2. A person with a valid Missouri concealed carry endorsement or permit
or a valid concealed carry permit issued by another State or political
subdivision of another State that is recognized by the State of Missouri
who openly carries or displays a firearm readily capable of lethal
use who fails to display their concealed carry endorsement or permit
upon demand of a Law Enforcement Officer may be punished by a fine
of not more than thirty-five dollars ($35.00).
A person commits the offense of defacing a firearm if he/she
knowingly defaces any firearm.
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.
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.
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.
Notwithstanding any other provision of this Code to the contrary,
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.