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
[Ord. No. 17-2192 § 1, 9-5-2017]
A.
A person commits the offense of unlawful use of weapons 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 within the City limits of the
City of Manchester; or
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.
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.
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 City of Manchester; or
7.
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
8.
Possesses a firearm while also knowingly in possession of a
controlled substance that is sufficient for a felony violation of
Section 579.015, RSMo.
B.
Subdivisions (1), (6) and (7) 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 each person's official duties except as otherwise provided in this Subsection. Subdivisions (3) and (4) 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 (POST) 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 (G) of this Section, and who carry the identification defined in Subsection (H) 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.
Section 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 Pubic Safety under Section 590.750, RSMo.;
9.
Any coroner, deputy coroner, medical examiner, or assistant
medical examiner;
10.
Any City of Manchester 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), (6), and (7) 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. 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 (7) 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), (6) and (7) 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 any other State.
E.
Subdivisions (3), (4), (5), (6), and (7) 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.
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.
G.
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.
H.
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.
I.
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 100.100 of this Code of Ordinances.
3.
Employees of the City of Manchester may, in addition to any
other punishment hereby, be subject to disciplinary action.
4.
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.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
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.
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.
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.
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.
[1]
Editor’s Note: Former Section 210.900, Carrying Concealed
Firearms Prohibited – Penalty for Violation, and Section 210.910,
Open Display of Firearms Permitted, When, were repealed 9-5-2017 by
§ 2 of Ord. No. 17-2192.
A.
No
person shall use or discharge any BB gun, gas-operated gun, or spring-operated
gun, any instrument, toy or weapon commonly known as a slingshot,
any bow and arrow or crossbow, or any other weapon or device likely
to cause substantial risk to life, whether that weapon or device is
called by any name set forth above or by any other name.
B.
This
Section does not prohibit the use of archery equipment, slingshot,
BB guns, air guns, spring-operated guns, or gas-operated guns on private
property, with the express consent of such property owner(s), so long
as the path of the projectile and the impact area remains within the
confines of said property, provided that such equipment is being used
in a manner which will protect all persons against bodily injury,
as well as protect property, public and private, from damage.
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.
