[Ord. No. 1589, 9-18-2023]
A. Generally.
1. 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 corporate limits of the City of Vinita Park 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 State of Missouri and displays a concealed carry endorsement or permit upon demand of a Law Enforcement Officer except as provided in Subsection
(B) of this Section.
2. Subsection
(A)(1) of this Section shall not apply to or affect any of the following:
a. All State, County and Municipal Police Officers who have completed
the training required by the Police Officer Standards and Training
Commission pursuant to Sections 590.030 to 599.050, 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;
b. Wardens, superintendents and keepers of prisons, penitentiaries,
jails and other institutions for the detention of persons accused
or convicted of crime;
c. Members of the Armed Forces or National Guard while performing their
official duty;
d. 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, members of the Federal judiciary;
e. Any person whose bona fide duty is to execute service process in
criminal or civil matters;
f. 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;
g. Any State Probation or Parole Officer, including supervisors and
members of the Board of Probation and Parole;
h. 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.;
i. Any coroner, deputy coroner, medical examiner, or assistant medical
examiner;
j. 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 571.11.2, RSMo.;
k. 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 Sections
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;
l. 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 permit under Sections 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;
and
m. Any persons who are engaged in a lawful act of defense pursuant to
Section 563.031, RSMo.
3. Subsection
(A)(1) of this Section shall not be construed to preclude the use of a firearm in accordance with Section 252.243, RSMo.
B. Penalties.
1. Any person eighteen (18) years of age or older violating Article
XV shall upon conviction be punished by 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 imprisonment in a Municipal Jail for not more than ninety (90) days, or by fine, community service, and/or incarceration.
2. Any person under eighteen (18) years of age violating Article
XV shall upon conviction be punished by 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 fine and community service.
3. Subsection
(A)(1) of this Section shall not apply under the following circumstances:
a. A person with a valid Missouri concealed carry endorsement or permit
or a valid concealed carry permit issued by another State or political
subdivision or 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).
b. 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).