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, except as otherwise
provided by Sections 571.101 to 571.121, RSMo., if he or she knowingly:
1.
Carries concealed upon or about his or her person a knife, a firearm,
a blackjack or any other weapon readily capable of lethal use into
any area where firearms are restricted under Section 571.107, RSMo;
or
2.
Sets a spring gun; or
3.
Discharges or shoots a firearm into a dwelling house, a railroad
train, boat, aircraft, or motor vehicle as defined in Section 302.010,
RSMo., or any building or structure used for the assembling of people;
or
4.
Exhibits, in the presence of one 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 or her person, while he or 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.
Discharges a firearm within one hundred (100) yards of any occupied
schoolhouse, courthouse, or church building; or
7.
Discharges or shoots a firearm at a mark, at any object, or at random,
on, along or across a public highway or discharges or shoots a firearm
into any outbuilding; or
8.
Carries a firearm or any other weapon readily capable of lethal use
into any church or place where people have assembled for worship,
or into any election precinct on any election day, or into any building
owned or occupied by any agency of the federal government, state government,
or political subdivision thereof;
9.
Discharges or shoots a firearm at or from a motor vehicle, as defined
in Section 301.010, RSMo., discharges or shoots a firearm at any person,
or at any other motor vehicle, or at any building or habitable structure,
unless the person was lawfully acting in self-defense; or
10.
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; or
11.
Possesses a firearm while also knowingly in possession of a controlled
substance that is sufficient for a felony violation of Section 195.202,
RSMo.
B.
Subdivisions (1), (8), and (10) of Subsection (A) 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. Subdivisions (3), (4), (6), (7), and (9) of Subsection (A) 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 (H) of this Section, and who carry the identification defined in Subsection (I) of this Section, 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 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 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 a 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 member 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.
Subdivisions (1), (5), (8), and (10) of Subsection (A) of this Section do not apply when the actor is transporting such weapons in a nonfunctioning state or in an unloaded state when ammunition is not readily accessible or when such weapons are not readily accessible. Subdivision (1) of Subsection (A) 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 or 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. Subdivision (10) of Subsection (A) 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.
Subdivisions (1), (8), and (10) of Subsection (A) 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.
E.
Subdivisions (3), (4), (5), (6), (7), (8), (9), and (10) of Subsection (A) of this Section shall not apply to persons who are engaged in a lawful act of defense pursuant to Section 563.031, RSMo.
F.
Notwithstanding
any provision of this Section to the contrary, the State shall not
prohibit any State employee from having a firearm in the employee's
vehicle on the state's property provided that the vehicle is locked
and the firearm is not visible. This Subsection shall only apply to
the State as an employer when the State employee's vehicle is on property
owned or leased by the State and the State employee is conducting
activities within the scope of his or her employment. For the purposes
of this Subsection, "State employee" means an employee of the executive,
legislative, or judicial branch of the government of the State of
Missouri.
G.
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.
H.
As
used in this Section, "qualified retired peace officer" means an individual
who:
1.
Retired in good standing from service with a public agency as a peace
officer, other than for reasons of mental instability;
2.
Before such retirement, was authorized by law to engage in or supervise
the prevention, detection, investigation, or prosecution of, or the
incarceration of any person for, any violation of law, and had statutory
powers of arrest;
3.
Before such retirement, was regularly employed as a peace officer
for an aggregate of fifteen (15) years or more, or retired from service
with such agency, after completing any applicable probationary period
of such service, due to a service-connected disability, as determined
by such agency;
4.
Has a non-forfeitable right to benefits under the retirement plan
of the agency if such a plan is available;
5.
During the most recent twelve-month period, has met, at the expense
of the individual, the standards for training and qualification for
active peace officers to carry firearms;
6.
Is not under the influence of alcohol or another intoxicating or
hallucinatory drug or substance; and
7.
Is not prohibited by federal law from receiving a firearm.
I.
The identification required by Subdivision (1) of Subsection (B) of this Section is:
1.
A photographic identification issued by the agency from which the
individual retired from service as a peace officer that indicates
that the individual has, not less recently than one (1) year before
the date the individual is carrying the concealed firearm, been tested
or otherwise found by the agency to meet the standards established
by the agency for training and qualification for active peace officers
to carry a firearm of the same type as the concealed firearm; or
2.
A photographic identification issued by the agency from which the
individual retired from service as a peace officer; and
3.
A certification issued by the state in which the individual resides
that indicates that the individual has, not less recently than one
(1) year before the date the individual is carrying the concealed
firearm, been tested or otherwise found by the state to meet the standards
established by the state for training and qualification for active
peace officers to carry a firearm of the same type as the concealed
firearm.
J.
Violations of any part of subsection (A) of this Section may be punished by a fine not exceeding one thousand dollars ($1,000.00), and imprisonment not exceeding three (3) months, or both such fine and imprisonment, along with costs of suit, together with judgment of imprisonment, until the fine and costs are paid or satisfied.
[Ord. No. 2635 §I, 9-13-2011; Ord. No. 2812 §3, 4-30-2015]
[Ord. No. 2812 §4, 4-30-2015]
A.
A person commits the crime of unlawful refusal to transfer by denying
sale of a firearm to a non-licensee, who is otherwise not prohibited
from possessing a firearm under State or Federal law, solely on the
basis that the non-licensee purchased a firearm that was later the
subject of a trace request by law enforcement.
B.
Notwithstanding any other provision of law to the contrary, no Federal
firearms dealer licensed under 18 U.S.C. § 923 who engages
in the sale of firearms within this State shall fail or refuse to
complete the sale of a firearm to a customer in every case in which
the sale is authorized by Federal law.
C.
The provisions of this Section shall not apply to any individual
Federal firearms license holder, his agents, or employees to the extent
they chose in their individual judgment to not complete the sale or
transfer of a firearm for articulable reasons specific to that transaction,
so long as those reasons are not based on the race, gender, religion
or creed of the buyer.
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.
[Ord. No. 2812 § 7, 4-30-2015]
A.
AMMUNITION
LICENSED DEALER
MATERIALLY FALSE INFORMATION
PRIVATE SELLER
As used in this Section, the following terms shall mean:
Any cartridge, shell, or projectile designed for use in a
firearm.
A person who is licensed under 18 U.S.C. § 923
to engage in the business of dealing in firearms.
Any information that portrays an illegal transaction as legal
or a legal transaction as illegal.
A person who sells or offers for sale any firearm, as defined
in section 571.010 RSMo., or ammunition.
B.
A person commits the crime of fraudulent purchase of a firearm if
such person:
1.
Knowingly solicits, persuades, encourages or entices a licensed
dealer or private seller of firearms or ammunition to transfer a firearm
or ammunition under circumstances which the person knows would violate
the laws of this State or the United States; or
2.
Provides to a licensed dealer or private seller of firearms
or ammunition what the person knows to be materially false information
with intent to deceive the dealer or seller about the legality of
a transfer of a firearm or ammunition; or
C.
This Section shall not apply to criminal investigations conducted
by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives,
authorized agents of such investigations, or to a Peace Officer, as
defined in section 542.261, RSMo., acting at the explicit direction
of the United States Bureau of Alcohol, Tobacco, Firearms and Explosives.
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.
