City of Vinita Park, MO Unlawful Display Of A Firearm

[Ord. No. 1589, 9-18-2023]

Generally.

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.

Subsection (A)(1) of this Section shall not apply to or affect any of the following:

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;

Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime;

Members of the Armed Forces or National Guard while performing their official duty;

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;

Any person whose bona fide duty is to execute service process in criminal or civil matters;

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;

Any State Probation or Parole Officer, including supervisors and members of the Board of Probation and Parole;

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.;

Any coroner, deputy coroner, medical examiner, or assistant medical examiner;

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.;

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;

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

Any persons who are engaged in a lawful act of defense pursuant to Section 563.031, RSMo.

Subsection (A)(1) of this Section shall not be construed to preclude the use of a firearm in accordance with Section 252.243, RSMo.

Penalties.

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.

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.

Subsection (A)(1) of this Section shall not apply under the following circumstances:

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).

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).