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 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.
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. 2065, 2-6-2023]
It shall be unlawful for any person within the limits of the City to shoot or discharge any gun, revolver, air rifle or air gun, pistol, or firearms of any description, whether loaded with powder and ball or shot or with blank cartridges, or any kind of explosives whatsoever, or any kind of projectile weapon; provided, that nothing contained in this Section shall apply to persons discharging firearms in the defense of person or property, persons in a ceremonial capacity discharging blank cartridges as a final salute at a military funeral or memorial service recognized as members of a firing party or firing squad, or persons described in Section
210.840(B) when any such discharge of firearms or weapons described in this Section is reasonably associated with or necessary to the fulfillment of such person's official duties.
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.
[Ord. No. 1442 §2, 5-17-2004; Ord. No. 1571 §1, 5-21-2007; Ord.
No. 1596 §2, 3-3-2008]
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:
1. Within twenty-five (25) feet of any polling place on any election
day.
2. Into any meeting of the Oak Grove Board of Aldermen, except that
nothing in this Subparagraph shall preclude a member of the Board
of Aldermen holding a valid concealed carry endorsement from carrying
a concealed firearm at a meeting of the Board of Aldermen.
3. Into 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 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.
4. Into any establishment licensed to dispense intoxicating liquor or
non-intoxicating beer for consumption on the premises, of which a
portion is primarily devoted to that purpose, without the consent
of the owner or manager. This Subparagraph shall not apply to the
licensee of the establishment. The provisions of this Subparagraph
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. Nothing in
this Subsection authorizes any individual who has been issued a concealed
carry endorsement to possess any firearm while intoxicated.
5. Into any elementary or secondary school facility without the consent
of a school official or the district school board.
6. Into any portion of a building used as a child care facility without
the consent of the manager. Nothing in this Subparagraph shall prevent
the operator of a child care facility in a family home from owning
or possessing a firearm or a driver's license or non-driver's license
containing a concealed carry endorsement.
7. Into any gated area of an amusement park.
8. Into 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.
9. Into or onto any private property whose owner has posted a sign as described in Subsection
(C) below in a conspicuous place.
B. Possession of a firearm in a vehicle on the premises of the locations listed in Subparagraphs (1), (2), (4), (5), (7), (8) and (9) of Subsection
(A) of this Section 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.
C. The sign(s) required pursuant to Subsection
(A) 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 while on the job or otherwise acting in the scope of his or her employment, except Police Officers and other employees as may be authorized by the City Administrator, subject to the approval of the Board of Aldermen, shall carry any weapon on any City property or in any City vehicle. In addition to any penalties imposed pursuant to Subsection
(I) below, City employees who violate the provisions of this Section may be subjected to disciplinary measures by the City.
E. Subparagraphs (1), (2), and (4) of Subsection
(A) above shall not apply to any person issued a nuisance animal harvest permit pursuant to this Subsection
(E). The Board of Aldermen shall have the sole authority to issue a nuisance animal harvest permit pursuant to this Subsection
(E).
1. For purposes of this Subsection
(E), the following terms shall have the following meanings:
BOW AND ARROW
A conventional bow and arrow combination that requires completely
manual operation without any means to cock the weapon and leave it
stable until it is released or fired via a trigger mechanism.
CROSSBOW
A traditional crossbow utilizing a mechanism wherein the
weapon can be cocked and left in a stable state until it is subsequently
released or fired at a later time via a trigger mechanism.
FIREARM
Includes any weapon designed to expel a projectile or projectiles
by a chemical reaction initiated by the operator and shall include
any gun, revolver, air rifle or air gun, and both smokeless and black
powder weapons.
2. A person may be issued a nuisance animal harvest permit only if all
of the following conditions are met:
a. The harvest of nuisance animals shall be done by a licensed hunter
only with a conventional bow and arrow, excluding any type of crossbows
unless the hunter is disabled and has received a hunting method exemption
from the State allowing the use of such methods. The use of firearms
to harvest nuisance animals shall not be permitted.
b. The use of bow and arrow to harvest nuisance animals shall be allowed
only by persons engaged in a wildlife management program managed by
the State of Missouri pursuant to both a permit from the State of
Missouri evidencing the authority of the person to participate in
the State wildlife management program and a nuisance animal harvest
permit issued under this Subsection.
c. The nuisance animal harvest shall occur only on property participating
in a State controlled managed hunt for wildlife species requiring
population reduction within a certain defined area of land located
within the City limits.
d. The harvest of nuisance animals shall not be permitted without the
written permission of the landowner or lessee to whom the nuisance
animal harvest permit is issued, which written permission must be
in the possession of the hunter while hunting, or by or in the presence
of the landowner or lessee to whom the nuisance animal harvest permit
was issued. Any person harvesting nuisance animals with the written
permission of the landowner or lessee shall be a licensed hunter authorized
to harvest nuisance animals pursuant to the State wildlife management
program under which the landowner or lessee has authority to act.
e. The harvest of nuisance animals shall not be permitted within two
hundred fifty (250) feet of any road, residential structure, except
if owned by the hunter, public building, school building, church or
place where domestic animals are kept.
f. No bow and arrow shall be discharged in the direction of any human,
roadway, structure or domestic animal within reasonable range of the
weapon at an angle which might allow the projectile to strike at,
or dangerously near, these objects.
g. All nuisance animals harvested under this Subsection
(E) shall be processed through a State sponsored processing program, and the permittee shall not be authorized to keep or sell harvested animals.
h. The property on which the nuisance animal harvest is to occur shall
be a minimum of five (5) acres in size.
3. The Board of Aldermen shall conduct a public hearing prior to the issuance of a nuisance animal harvest permit under this Subsection
(E). The Board shall provide notice of the public hearing by certified mail, return receipt requested, to all persons owning property within two hundred fifty (250) feet of the property on which the nuisance animal harvest is proposed to occur, and shall publish notice of the public hearing in a qualified newspaper of general circulation within the City at least ten (10) days prior to the date of the hearing. In considering the issuance of a nuisance animal harvest permit, the Board of Aldermen may consider the following factors:
a. Whether the requirements of Subparagraph (2) of this Subsection
(E) are met.
b. Whether the property upon which the nuisance animal harvest is to
occur is suitable to provide for the protection and safety of humans
and domestic animals.
4. If the Board of Aldermen determines that it is appropriate to issue
a nuisance animal harvest permit, it shall identify a start date and
a date on which the permit shall expire. The Board may also place
reasonable conditions upon the issuance of the nuisance animal harvest
permit, including, but not limited to, posting notice of the harvest
activity on the property during the time of the harvest and setting
trajectory limitations on the use of bows and arrows.
F. 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.
G. 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 in accordance with Subsections
(A) and
(C) above.
H. Nothing in this Section shall be construed to permit a 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 to carry an unconcealed firearm into a facility or building listed in Subsections
(2),
(3),
(5) and
(8) of Subsection
(A) of this Section.
I. Enforcement.
1. Any person carrying a concealed weapon in a location specified in Subsection
(A) of this Section may be subject to denial of entry to the premises or removal from the premises.
2. If, after request, any person refuses to leave any properly posted
premises and a Peace Officer has been summoned, that person may be
issued a citation for an amount not to exceed one hundred dollars
($100.00) for the first (1st) offense.
3. If a second (2nd) citation for a similar violation occurs within
a six (6) month period, that person shall be subject to a fine in
an amount not to exceed two hundred dollars ($200.00).
4. If a third (3rd) citation for a similar violation is issued within
one (1) year of the first (1st) citation, that person shall be subject
to a fine in an amount not to exceed five hundred dollars ($500.00).
5. Upon conviction of charges arising from a citation issued pursuant
to this Subsection, the Municipal Court shall notify the Sheriff of
the County which issued the certificate of qualification for a concealed
carry endorsement and the Department of Revenue.
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.
[Ord. No. 1661 §1, 12-21-2009]
Any person within the limits of this City who shall discharge
any BB gun, spring gun, paint ball 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, unless said BB gun, spring gun,
paintball gun or air gun or other device which shoots any pebble,
bullet, slug, arrow or other hard substance by means of a sling, crossbow,
rubber bank or bow or any other means is discharged within an authorized
area pursuant to a valid conditional use permit approved by the Board
of Aldermen.
[Ord. No. 1537 §1, 9-5-2006]
It shall be unlawful for any person to focus, point or shine
a laser beam directly or indirectly on another person in such a manner
as is intended to harass or annoy said person.
[Ord. No. 1537 §1, 9-5-2006]
A. A person
commits the offense of brandishing a weapon when he/she shall exhibit
any deadly or dangerous weapon in a rude, angry or threatening manner
to any person in the City.
B. For
the purpose of this Section, the term "deadly or dangerous
weapon" shall include, but not be limited to, any firearm,
knife, dirk or dagger.
C. Provided
that the provisions of this Section shall not apply to Law Enforcement
Officers and other officers or persons whose duty it is to execute
process or warrants or to make arrests.