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.
An instrument, object or device that, because of the way
that it is used or is designed to be used, is capable of causing serious
bodily injury. Such instrument, object or device, includes, but is
not limited to, a Blackjack, a Blasting Agent, a Concealable Firearm,
a Detonator, an Explosive Dangerous weapon, a Firearm, a Gas Gun,
a Knife, Knuckles, a Machine Gun, a Projectile Dangerous weapon, a
Rifle, a Shotgun, a Spring Gun or a Switchblade Knife as defined in
this Section.
[Ord. No. 17-051 § 2, 10-16-2017]
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 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.
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.
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.
[Ord. No. 17-051 § 1, 10-16-2017]
A.
It
shall be a violation of this Section, punishable as hereinafter provided,
for any person, except those individuals specified in Section 571.030.2.(1)
through (11), to carry any dangerous weapon as defined in this Chapter
into:
1.
The Police office or station without the consent of the Chief of
Police or ranking Officer in charge of that office or station. Possession
of a dangerous weapon in a vehicle on the premises of the office or
station shall not be an offense so long as the dangerous weapon 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 dangerous weapon in a vehicle on the premises
of the polling place shall not be an offense so long as the dangerous
weapon is not removed from the vehicle or brandished while the vehicle
is on the premises;
3.
The Municipal Courthouse. Nothing in this Subsection shall preclude
those 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 dangerous weapon 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 dangerous weapon is not removed from the vehicle or brandished
while the vehicle is on the premises;
4.
Any meeting of the Board of Aldermen of the City of Ozark, except
that nothing in this Subsection shall preclude a member of the Ozark
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 dangerous weapon in
a vehicle on the premises shall not be a criminal offense so long
as the dangerous weapon is not removed from the vehicle or brandished
while the vehicle is on the premises;
5.
Any building owned, leased or controlled by the City of Ozark 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, and firing ranges. Persons violating this Subsection may be denied entrance to the building or ordered to leave the building and, if such person refuses to leave, may be prosecuted for Trespass as provided in Section 215.1060 of this Chapter;
6.
Any portion of a building used as a child care facility. Nothing
in this Subsection shall prevent the operator of a child care facility
in a family home from owning or possessing a firearm with a concealed
carry permit or endorsement;
7.
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 dangerous weapon in a vehicle on the premises shall not be a
criminal offense so long as the dangerous weapon is not removed from
the vehicle or brandished while the vehicle is on the premises;
8.
Any private property whose owner has posted the premises as being
off-limits to dangerous weapons 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 a dangerous weapon on the premises and
may prohibit employees, not authorized by the employer, holding a
concealed carry permit or endorsement from carrying dangerous weapons
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 dangerous weapon
is prohibited. Possession of a dangerous weapon in a vehicle on the
premises shall not be an offense so long as the dangerous weapon is
not removed from the vehicle or brandished while the vehicle is on
the premises. The City may prohibit employees, pursuant to its Employee
Manual or other persons holding a concealed carry permit or endorsement
from carrying a dangerous weapon in vehicles owned by the City;
9.
Any sports arena or stadium with a seating capacity of two thousand
five hundred (2,500) or more. Possession of a dangerous weapon in
a vehicle on the premises shall not be an offense so long as the dangerous
weapon is not removed from the vehicle or brandished while the vehicle
is on the premises;
10.
Any hospital, clinic or urgent care facility accessible by the public.
Possession of a dangerous weapon in a vehicle on the premises of such
a facility shall not be an offense so long as the dangerous weapon
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. Except for the provision of Subsection (A)(5) above, 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). Any person who refuses to leave the premises described in Subsection (A)(5) above, said person may be charged with Trespassing pursuant to Section 215.1060 of this Code of Ordinances. 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 Ozark may, in addition to any other punishment
hereby, be subject to disciplinary action.
[Ord. No. 17-051 § 1, 10-16-2017]
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. 14-039 §2, 9-2-2014]
A.
No person shall discharge any BB gun, air rifle or other implement
which propels metal projectiles or paintballs by means of a spring,
sling, rubber band, compressed air or gas unless such discharge occurs
on his own premises, premises controlled by him or commercial facilities
designed for such discharge and accomplished in such a manner that
the projectile will not endanger the life, limb or property of others
and shall be conducted so as to avoid trespass onto property where
permission for such use has not been given.
B.
The use of bows and target arrows on private property shall be in
such a manner as not to endanger the life, limb or property of others.
Their use shall also be conducted in a manner so as to avoid trespass
onto property where permission for such use has not been given. The
use of bladed, sharpened or other hunting-style heads are hereby prohibited.
C.
ARROW
BOW
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A straight, thin shaft propelled from a bow with a pointed,
bladed or other shaped head for striking at one end and flight-stabilizing
feathers or fins at the other.
Any kind or type of device consisting of a curved, flexible
material strung taut from end to end with string, cord, wire or other
material and used to launch arrows or bolts, including, but not limited
to, longbows, compound bows and crossbows.
The discharge of firearms in connection with any turkey shoots
or other charitable event may be authorized by the Board of Aldermen.
The discharge of firearms at Police training facility under the supervision
of a Law Enforcement Officer may be authorized by the Chief of Police.
[Ord. No. 14-047 §1, 11-17-2014]
A.
No person may hunt deer or turkey within the corporate limits of
the City of Ozark except under the terms of this Section.
B.
A property owner may conduct, or allow specifically permitted persons
to conduct, bow hunting on properties that he/she/they own that consist
of three (3) acres or more and are limited to bow hunting of white
tail deer and/or turkey. Two (2) immediately adjacent property owners
whose properties are less than three (3) acres but combined are three
(3) acres or more may agree, in writing, to jointly allow the hunt
described herein. All such hunts shall conform to all State Statutes
and regulations comprising the Missouri Wildlife Code.
C.
All hunting must be done from an elevated position (i.e., deer or
tree stand) that is at least ten (10) feet in height and faces the
interior of the property.
D.
No person shall possess, consume or be under the influence of alcohol
or any other controlled substance while engaged in hunting activities
within the City.
E.
It shall be unlawful for any person to discharge an arrow from a bow as defined in Section 215.920(C) herein:
1.
From across any street, sidewalk, road, highway or park.
2.
At any person, vehicle, dwelling, house, church, school, park
or any building.
3.
Within one hundred fifty (150) yards of any church, school or
park property line.
4.
Within thirty (30) yards of any dwelling, building, structure
or vehicle on the property being hunted.
5.
At an angle where any arrow could land within seventy-five (75)
feet of public or private property other than the property on which
the hunt is being conducted.
6.
Unless the person discharging an arrow for hunting purposes
as allowed herein has first marked individual arrows with their nine-digit
Missouri Conservation Identification Number using permanent ink.
F.
Any successful hunter shall follow the subsequent retrieval requirements
as follows:
1.
Make a reasonable search to retrieve the deceased deer or turkey
and take it into his/her possession. This does not authorize the act
of trespass or any other violation of the Code of Ordinances.
2.
Notify any landowner, other than the landowner who has given
previous permission, on whose property the wounded or deceased deer
or turkey may be located.
3.
Must obtain permission to retrieve any injured or dead deer
or turkey, prior to engaging in a search on the landowner's property.
4.
Deer shall not be cleaned or field dressed in a public or conspicuous
location.
5.
Follow Missouri Department of Conservation guidelines for cleaning
and disposing of discarded biological material.
[R.O. 2006 §215.145; Ord. No. 99-06 §1, 2-16-1999]
A.
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, annoy or potentially cause bodily harm to said
person.
