[Ord. No. 3.50 § 1, 12-13-2016]
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. 3.50 § 1, 12-13-2016]
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. 3.50 § 1, 12-13-2016]
A person commits the offense of defacing
a firearm if he/she knowingly defaces any firearm.
[Ord. No. 3.50 § 1, 12-13-2016]
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. 3.50 § 1, 12-13-2016]
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. 3.50 § 1, 12-13-2016]
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. 3.50 § 1, 12-13-2016]
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 Mount Vernon 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/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 Mount Vernon 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 Mount Vernon. 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/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 Mount Vernon
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. 3.50 § 1, 12-13-2016]
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. 3.50 § 1, 12-13-2016]
The discharge of firearms in connection
with any turkey shoots or other charitable event may be authorized
by the Board of Aldermen.