[RSMo. §571.010]
As used in this Article, the following words shall have the
meanings set out below:
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 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 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.
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 repellant 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 pocket knife 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
[RSMo. §571.015]
A.
Except as provided in Subsection (D) of this Section, any person who commits any felony under the laws of this State by, with, or through the use, assistance, or aid of a dangerous instrument or deadly weapon is also guilty of the crime of armed criminal action and, upon conviction, shall be punished by imprisonment by the Department of Corrections and Human Resources for a term of not less than three (3) years. The punishment imposed pursuant to this Subsection shall be in addition to any punishment provided by law for the crime committed by, with, or through the use, assistance, or aid of a dangerous instrument or deadly weapon. No person convicted under this Subsection shall be eligible for parole, probation, conditional release or suspended imposition or execution of sentence for a period three (3) calendar years.
B.
Any
person convicted of a second (2nd) offense of armed criminal action
shall be punished by imprisonment by the Department of Corrections
and Human Resources for a term of not less than five (5) years. The
punishment imposed pursuant to this Subsection shall be in addition
to any punishment provided by law for the crime committed by, with,
or through the use, assistance, or aid of a dangerous instrument or
deadly weapon. No person convicted under this Subsection shall be
eligible for parole, probation, conditional release or suspended imposition
or execution of sentence for a period of five (5) calendar years.
C.
Any
person convicted of a third (3rd) or subsequent offense of armed criminal
action shall be punished by imprisonment by the Department of Corrections
and Human Resources for a term of not less than ten (10) years. The
punishment imposed pursuant to this Subsection shall be in addition
to any punishment provided by law for the crime committed by, with,
or through the use, assistance, or aid of a dangerous instrument or
deadly weapon. No person convicted under this Subsection shall be
eligible for parole, probation, conditional release or suspended imposition
or execution of sentence for a period of ten (10) calendar years.
D.
The
provisions of this Section shall not apply to the felonies defined
in Sections 564.590, 564.610, 564.620, 564.630, and 564.640, RSMo.
[RSMo. §571.017]
[RSMo. §571.020]
A.
A person
commits an offense if he knowingly possesses, manufactures, transports,
repairs, or sells:
1.
An explosive weapon;
2.
A machine gun;
3.
A gas gun;
4.
A short barreled rifle or shotgun;
5.
A firearm silencer;
6.
A switchblade knife;
7.
A bullet or projectile which explodes or detonates upon impact because
of an independent explosive charge after having been shot from a firearm;
or
8.
Knuckles.
B.
A person
does not commit an offense under this Section if his 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 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 dealing with the weapon solely as a curio, ornament, or keepsake, or to using it in a manner reasonably related to a lawful dramatic performance; but if the weapon is the type described in Subparagraph (1), (3) or (5) of Subsection (A) of this Section it must be in such a non-functioning condition that it cannot readily be made operable. No short barreled rifle, short barreled shotgun, or machine gun may be possessed, manufactured, transported, repaired or sold as a curio, ornament, or keepsake, unless such person is an importer, manufacturer, dealer, or collector licensed by the Secretary of the Treasury pursuant to the Gun Control Act of 1968, U.S.C., Title 18, or unless such firearm is an "antique firearm" as defined in Subsection 3 of Section 571.080, RSMo., or unless such firearm has been designated a "collectors
item" by the Secretary of the Treasury pursuant to the U.S.C.,
Title 26, Section 5845(a).
[RSMo. §571.030; Ord. No. 1623 §1, 10-8-2003]
A.
A person
commits the offense of unlawful use of weapons if he knowingly:
1.
Carries concealed upon or about his person a knife, a firearm, a
blackjack or any other weapon readily capable of lethal use; or
2.
Sets a spring gun; or
3.
Discharges or shoots a firearm.
4.
Exhibits, in the presence of one (1) or more persons, any weapon
readily capable of lethal use in an angry or threatening manner; or
5.
Possesses or discharges a firearm or projectile weapon while intoxicated;
or
6.
Discharges a firearm within one hundred (100) yards of any occupied
school house, 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.
Openly carries a firearm or any other weapon readily capable of lethal
use.
B.
Subparagraphs (1), (3), (4), (6), (7), and (8) of Subsection (A) of this Section shall not apply to or affect any of the following:
1.
All State, County and Municipal Law Enforcement Officers possessing
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, 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;
5.
Any person whose bona fide duty is to execute process, civil or criminal.
6.
Instructional firearms training courses held at a properly permitted
firearms training facility and being conducted by a certified firearms
instructor. Such training shall be limited to that required to certify
a Missouri resident to receive a permit to carry a concealed firearm.
C.
Subparagraphs (1), (5) and (8) of Subsection (A) of this Section do not apply when the actor is transporting such weapons in a non-functioning state or in an unloaded state when ammunition is not readily accessible or when such weapons are not readily accessible. Subparagraph (1) of Subsection (A) of this Section does not apply when the actor is also in possession of an exposed firearm or projectile weapon for the lawful pursuit of game, or is in his dwelling unit or upon business premises over which the actor has possession, authority or control, or is traveling in a continuous journey peaceably through this State.
[RSMo. §571.045]
[RSMo. §571.050]
[RSMo. §571.060]
A.
A person
commits the crime of unlawful transfer of weapons if he:
1.
Knowingly sells, leases, loans, gives away or delivers a firearm or ammunition for a firearm to any person who, under the provisions of Section 210.550 of this Article, is not lawfully entitled to possess such;
2.
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 official duty; or
3.
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.
[RSMo. §571.070]
A.
A person
commits the offense of unlawful possession of a concealable firearm
if he has any concealable firearm in his possession, and
1.
He has pled guilty to or has been convicted of a dangerous felony,
as defined in Section 556.061, RSMo., or of an attempt to commit a
dangerous felony, or of a crime under the laws of any State or of
the United States which, if committed within this State, would be
a dangerous felony, or confined therefor in this State or elsewhere
during the five-year period immediately preceding the date of such
possession; or
2.
He is a fugitive from justice, is habitually in an intoxicated or
drugged condition, or is currently adjudged mentally incompetent.
[Ord. No. 1627 §1, 10-22-2003]
A.
No
person who has been issued a concealed carry endorsement by the Missouri
Director of Revenue under Sections 571.101 to 571.120, RSMo., or by
any Sheriff within the State of Missouri or who has been issued a
valid permit or endorsement to carry concealed firearms issued by
another State or political subdivision of another State shall, by
authority of that endorsement or permit, be allowed to carry a concealed
firearm or to openly carry a firearm in any building, facility or
any portion thereof that is owned, leased or controlled by the City
of Plattsburg.
B.
Signs
shall be posted at each entrance of a building facility entirely owned,
leased or controlled by the City stating that the carrying of firearms
is prohibited. Where the City owns, leases or controls only a portion
of a building or facility, signs stating that the carrying of firearms
is prohibited shall be posted at each entrance to that portion owned,
leased or controlled by the City.
C.
This
Section shall not apply to buildings used for public housing by private
persons, highways or rest areas, firing ranges or private dwellings
owned, leased or controlled by the City.
D.
Any
person violating this Section may be denied entrance to the building
or ordered to leave the building. Any City employee violating this
Section may be disciplined. No other penalty shall be imposed for
a violation of this Section.
E.
No
person who has been issued a certificate of qualification which allows
the person to carry a concealed firearm before the Director of Revenue
begins issuing concealed carry endorsements in July 2004, shall, by
authority of that certificate, be allowed to carry a concealed firearm
to openly carry a firearm in any building or portion of a building
owned, leased or controlled by the City.
