[Ord. No. 10378, 1-5-2017]
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 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 eight
test blasting cap when unconfined.
Any firearm with a barrel less than 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, nonelectric
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 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 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 16 inches for a rifle and 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 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 nonmanually 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
[1]
State Law Reference: See RSMo. § 571.010.
[Ord. No. 10378, 1-5-2017]
A.
A person commits the offense of unlawful use of weapons if he/she
knowingly:
1.
Carries concealed upon or about his/her 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 within the City limits; 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/her person while he/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.
Openly carries a firearm or any other weapon readily capable of lethal
use within the City limits; 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.
8.
Possesses a firearm while also knowingly in possession of a controlled
substance that is sufficient for a felony violation of § 579.015,
RSMo.
B.
Subsections A(1) and (7) 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. Subsections A(3) and (4) 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 §§ 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 (11) of § 571.030,
RSMo., and who carry the identification defined in Subsection (12)
of § 571.030, RSMo., 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, § 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 § 590.750, RSMo.;
9.
Any coroner, deputy coroner, medical examiner or assistant medical
examiner;
10.
Any prosecuting attorney or assistant prosecuting attorney, circuit
attorney or assistant circuit attorney 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 § 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 valid concealed carry permit under § 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 Chief 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.
Subsections A(1), (5) and (7) 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. Subsection A(1) of this section
does not apply to any person 19 years of age or older or 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/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. Subsection A(7) 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.
Subsections A(1) and (7) of this section shall not apply to any person
who has a valid concealed carry permit issued pursuant to §§ 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.
Subsections A(3), (4), (5) and (7) of this section shall not apply
to persons who are engaged in a lawful act of defense pursuant to
§ 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.
[1]
State Law Reference: See RSMo. § 571.030.
[Ord. No. 10378, 1-5-2017]
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 Subsection B(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 using the weapon in a manner reasonably related to
a lawful dramatic performance.
[1]
State Law Reference: See RSMo. § 571.020.
[Ord. No. 10378, 1-5-2017]
A person commits the offense of defacing a firearm if he/she
knowingly defaces any firearm.
[1]
State Law Reference: See RSMo. § 571.045.1.
[Ord. No. 10378, 1-5-2017]
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.
[1]
State Law Reference: See RSMo. § 571.085.
[Ord. No. 10378, 1-5-2017]
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.
[1]
State Law Reference: See RSMo. § 571.087.
[Ord. No. 10378, 1-5-2017]
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 18 years old without the consent of the child's
custodial parent or guardian or recklessly, as defined in § 562.016,
RSMo., sells, leases, loans, gives away or delivers any firearm to
a person less than 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 § 562.016, RSMo., sells, leases,
loans, gives away or delivers a firearm or ammunition for a firearm
to a person who is intoxicated.
[1]
State Law Reference: See RSMo. § 571.060.1(2 —
3).
[Ord. No. 10378, 1-5-2017]
A.
It shall be a violation of this section, punishable as hereinafter
provided, for any person to carry any concealed firearm into:
1.
Any Police, Sheriff or Highway Patrol office or station without the
consent of the Chief Law Enforcement Officer in charge of that office
or station. Possession of a firearm in a vehicle on the premises of
the office or station shall not be a criminal offense so long as the
firearm is not removed from the vehicle or brandished while the vehicle
is on the premises;
2.
Within 25 feet of any polling place on any election day. Possession
of a firearm in a vehicle on the premises of the polling place shall
not be a criminal offense so long as the firearm is not removed from
the vehicle or brandished while the vehicle is on the premises;
3.
The facility of any adult or juvenile detention or correctional institution,
prison or jail. Possession of a firearm in a vehicle on the premises
of any adult, juvenile detention or correctional institution, prison
or jail shall not be a criminal offense so long as the firearm is
not removed from the vehicle or brandished while the vehicle is on
the premises;
4.
Any courthouse solely occupied by the Circuit, Appellate or Supreme Court, or any courtrooms, administrative offices, libraries or other rooms of any such court whether or not such court solely occupies the building in question. This subsection shall also include, but not be limited to, any juvenile, family, drug or other court offices, any room or office wherein any of the courts or offices listed in this subsection are temporarily conducting any business within the jurisdiction of such courts or offices, and such other locations in such manner as may be specified by Supreme Court Rule pursuant to Subdivision (6) of Subsection (1) of § 571.107, RSMo. Nothing in this subsection shall preclude those persons listed in Subsection B(1) of § 17-84 while within their jurisdiction and on duty, those persons listed in Subsections B(2), (4) and (10) of § 17-84, or such other persons who serve in a law enforcement capacity for a court as may be specified by Supreme Court Rule pursuant to Subdivision (6) of Subsection (1) of § 571.107, RSMo., from carrying a concealed firearm within any of the areas described in this subsection. Possession of a firearm in a vehicle on the premises of any of the areas listed in this subsection shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;
5.
Any meeting of the Kirkwood City Council, except that nothing in
this subsection shall preclude a member of the City Council holding
a valid concealed carry permit or endorsement from carrying a concealed
firearm at a meeting of the City Council of which he or she is a member.
Possession of a firearm in a vehicle on the premises shall not be
a criminal offense so long as the firearm is not removed from the
vehicle or brandished while the vehicle is on the premises;
6.
Any building owned, leased or controlled by the City of Kirkwood
identified by signs posted at the entrance to the building. This subsection
shall not apply to any building used for public housing by private
persons, highways or rest areas, firing ranges, and private dwellings
owned, leased, or controlled by the City of Kirkwood. Persons violating
this subsection may be denied entrance to the building, ordered to
leave the building and, if employees of the City, be subjected to
disciplinary measures for violation;
7.
Any establishment licensed to dispense intoxicating liquor for consumption
on the premises, which portion is primarily devoted to that purpose,
without the consent of the owner or manager. The provisions of this
subsection shall not apply to the licensee of said establishment.
The provisions of this subsection shall not apply to any bona fide
restaurant open to the general public having dining facilities for
not less than 50 persons and that receives at least 51% of its gross
annual income from the dining facilities by the sale of food. This
subsection does not prohibit the possession of a firearm in a vehicle
on the premises of the establishment and shall not be a criminal offense
so long as the firearm is not removed from the vehicle or brandished
while the vehicle is on the premises. Nothing in this subsection authorizes
any individual who has been issued a concealed carry permit or endorsement
to possess any firearm while intoxicated;
8.
Any area of an airport to which access is controlled by the inspection
of persons and property. Possession of a firearm in a vehicle on the
premises of the airport shall not be a violation so long as the firearm
is not removed from the vehicle or brandished while the vehicle is
on the premises;
9.
Any place where the carrying of a firearm is prohibited by federal
law;
10.
Any higher education institution or elementary or secondary school
facility without the consent of the governing body of the higher education
institution or a school official or the district school board, unless
the person with the concealed carry endorsement or permit is a teacher
or administrator of an elementary or secondary school who has been
designated by his or her school district as a school protection officer
and is carrying a firearm in a school within that district, in which
case no consent is required. Possession of a firearm in a vehicle
on the premises of any higher education institution or elementary
or secondary school facility shall not be a criminal offense so long
as the firearm is not removed from the vehicle or brandished while
the vehicle is on the premises;
11.
Any portion of a building used as a child-care facility without the
consent of the manager. Nothing in this subsection shall prevent the
operator of a child-care facility in a family home from owning or
possessing a firearm or a concealed carry permit or endorsement;
12.
Any riverboat gambling operation accessible by the public without
the consent of the owner or manager pursuant to rules promulgated
by the Gaming Commission. Possession of a firearm in a vehicle on
the premises of a riverboat gambling operation shall not be a criminal
offense so long as the firearm is not removed from the vehicle or
brandished while the vehicle is on the premises;
13.
Any gated area of an amusement park. Possession of a firearm in a
vehicle on the premises of the amusement park shall not be a criminal
offense so long as the firearm is not removed from the vehicle or
brandished while the vehicle is on the premises;
14.
Any church or other place of religious worship without the consent
of the minister or person or persons representing the religious organization
that exercises control over the place of religious worship. Possession
of a firearm in a vehicle on the premises shall not be a criminal
offense so long as the firearm is not removed from the vehicle or
brandished while the vehicle is on the premises;
15.
Any private property whose owner has posted the premises as being
off-limits to concealed firearms by means of one or more signs displayed
in a conspicuous place of a minimum size of 11 inches by 14 inches
with the writing thereon in letters of not less than one inch. The
owner, business or commercial lessee, manager of a private business
enterprise, or any other organization, entity or person may prohibit
persons holding a concealed carry permit or endorsement from carrying
concealed firearms on the premises and may prohibit employees, not
authorized by the employer, holding a concealed carry permit or endorsement
from carrying concealed firearms on the property of the employer.
If the building or the premises are open to the public, the employer
of the business enterprise shall post signs on or about the premises
if carrying a concealed firearm is prohibited. Possession of a firearm
in a vehicle on the premises shall not be a criminal offense so long
as the firearm is not removed from the vehicle or brandished while
the vehicle is on the premises. An employer may prohibit employees
or other persons holding a concealed carry permit or endorsement from
carrying a concealed firearm in vehicles owned by the employer;
16.
Any sports arena or stadium with a seating capacity of 5,000 or more.
Possession of a firearm in a vehicle on the premises shall not be
a criminal offense so long as the firearm is not removed from the
vehicle or brandished while the vehicle is on the premises;
17.
Any hospital accessible by the public. Possession of a firearm in
a vehicle on the premises of a hospital shall not be a criminal offense
so long as the firearm is not removed from the vehicle or brandished
while the vehicle is on the premises.
B.
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 $100 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 $200. If
a third citation for a similar violation is issued within one year
of the first citation, such person shall be fined an amount not to
exceed $500. 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 § 1-8 of this Code of Ordinances.
3.
Employees of the City of Kirkwood may, in addition to any other punishment
hereby, be subject to disciplinary action.
C.
It shall be a violation of this section, punishable by a citation
for an amount not to exceed $35, 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]
State Law Reference: See RSMo. § 571.107.
[Ord. No. 10378, 1-5-2017]
Any person who has a valid concealed carry endorsement issued
prior to August 28, 2013, or a valid concealed carry permit, and who
is lawfully carrying a firearm in a concealed manner, may briefly
and openly display the firearm to the ordinary sight of another person,
unless the firearm is intentionally displayed in an angry or threatening
manner, not in necessary self defense.
[1]
State Law Reference: See RSMo. § 571.037.
[Ord. No. 10378, 1-5-2017]
Any person within the limits of this City who shall discharge
any BB gun which expels a projectile by means of a spring, air or
any other means, paintball gun or air gun or shall shoot any pebble,
bullet, slug, arrow or other hard substance by means of a sling, crossbow,
rubber band or bow or any other means shall be deemed guilty of an
ordinance violation.
[Ord. No. 10378, 1-5-2017]
The discharge of firearms in connection with any turkey shoots
or other charitable event may be authorized by the City Council.
