The following words, when used in this Article, shall have the
meanings set out herein:
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:
"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;
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.
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.
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.
Any firearm with a barrel less than sixteen (16) inches in
length, measured from the face of the bolt or standing breech.
To alter or destroy the manufacturer's or importer's serial
number or any other distinguishing number or identification mark.
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.
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.
Any weapon that is designed or adapted to expel a projectile
by the action of an explosive.
Any instrument, attachment or appliance that is designed
or adapted to muffle the noise made by the firing of any firearm.
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.
Substantially impaired mental or physical capacity resulting
from introduction of any substance into the body.
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.
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.
Any firearm that is capable of firing more than one (1) shot
automatically, without manual reloading, by a single function of the
trigger.
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.
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.
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.
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.
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.
Any knife which has a blade that folds or closes into the
handle or sheath, and
A.
A person commits the offense of unlawful use of weapons if he/she
knowingly:
1.
Carries concealed upon or about his/her person a knife, a firearm,
a blackjack or any other weapon readily capable of lethal use; or
2.
Sets a spring gun; 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/her person, while he/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.
Openly carries a firearm or any other weapon readily capable
of lethal use within the City limits; or
7.
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.
8.
Possesses a firearm while also knowingly in possession of a
controlled substance that is sufficient for a felony violation of
Section 579.015, RSMo.
B.
Subsections (A)(1) and (7) 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. Subsections (A)(3) and (4) 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 (12) of Section 571.030, RSMo., and who carry
the identification defined in Subsection (13) of Section 571.030,
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 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 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 Department
of Public Safety under Section 590.750, RSMo.;
9.
Any coroner, deputy coroner, medical examiner or assistant medical
examiner;
10.
Any prosecuting attorney or assistant prosecuting attorney,
circuit attorney or assistant circuit attorney or any person appointed
by a court to be a special prosecutor 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 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 issued prior to August 28, 2013,
or a valid concealed carry permit, when such uses are reasonably associated
with or are necessary to the fulfillment of such person's official
duties.
C.
Subsections (A)(1), (5) and (7) 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. Subsection (A)(1) of this Section does not apply to any person nineteen (19) 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/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. Subsection (A)(7) 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.
Subsections (A)(1) and (7) 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.
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 or club-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.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A.
A person commits an offense if such person knowingly possesses, manufactures,
transports, repairs, or sells:
1.
An explosive weapon;
2.
An explosive, incendiary or poison substance or material with
the purpose to possess, manufacture or sell an explosive weapon;
3.
A gas gun;
4.
A bullet or projectile which explodes or detonates upon impact
because of an independent explosive charge after having been shot
from a firearm;
5.
Knuckles; or
B.
A person does not commit an offense pursuant to this Section if his/her conduct involved any of the items in Subsections (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 Subparagraph (1) of
this Subsection; 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.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
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.
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.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
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 210.840 while within their jurisdiction and on duty, those persons listed in Subsections (B)(2), (4) and (10) of Section 210.840, 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 Osage Beach 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 Osage
Beach 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 Osage Beach.
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 100.190 of this Code of Ordinances.
3.
Employees of the City of Osage Beach 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.
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.
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.
This Section shall not apply to target, trap and skeet ranges
if they have been inspected and approved by the Police Department
for safety of design and operation and a permit fee of five dollars
($5.00) per year has been paid to the City Clerk. Such permit, when
issued, shall be conspicuously displayed upon the range. No fee shall
be required for private basement ranges used only by residential occupants.
A.
A person
licensed under Chapter 334 or 335, RSMo., who treats a person for
a wound inflicted by gunshot commits the infraction of medical deception
if he or she knowingly fails to immediately report to a local Law
Enforcement Official the name and address of the person, if known,
and if unknown, a description of the person, together with an explanation
of the nature of the wound and the circumstances under which the treatment
was rendered.
B.
A person
licensed under Chapter 334 or 335, RSMo., who, in good faith, makes
a report under this Section shall have immunity from civil liability
that otherwise might result from such report and shall have the same
immunity with respect to any good faith participation in any judicial
proceeding in which the reported gunshot wound is an issue. Notwithstanding
the provisions of Subdivision (5) of Section 491.060, RSMo., the existence
of a physician-patient relationship shall not prevent a physician
from submitting the report required in this Section, or testifying
regarding information acquired from a patient treated for a gunshot
wound if such testimony is otherwise admissible.
A.
A person
commits the offense of unlawful possession of a firearm if such person
knowingly has any firearm in his or her possession and:
1.
Such person has been convicted of a felony under the laws of this
State, or of a crime under the laws of any State or of the United
States which, if committed within this State, would be a felony; or
2.
Such person is a fugitive from justice, is habitually in an intoxicated
or drugged condition, or is currently adjudged mentally incompetent.
[1]
Note: This offense is a felony under state law.
