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 FIREARMAny 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 FIREARMAny 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 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 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 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 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 Missouri Statutes §§ 571.101
to 571.121, 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 Missouri Statutes § 571.107;
or
2.
Sets a spring gun; or
3.
Discharges a firearm within the City limits of Moscow Mills or shoots
a firearm into a dwelling house, a railroad train, boat, aircraft,
or motor vehicle as defined in Missouri Statutes § 302.010,
or any building or structure used for the assembling of people; or
[Amended 1-19-2021 by Ord. No. 932]
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 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; or
9.
Discharges or shoots a firearm at or from a motor vehicle, as defined
in Missouri Statute § 301.010, 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 Missouri Statute
§ 579.015.
B.
Subsections A1, 8 and 10 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. Subsection A3, 4, 6, 7 and 9 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 Missouri Statutes 590.030 to 590.050 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 B12 of this section, and who carry the identification
defined in Subsection B13 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 § 590.750;
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 Missouri Statutes Subsection 2 of § 571.111;
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 Missouri Statutes § 571.111
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.
Subsections A1, 5, 8 and 10 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 A1 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 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. Subsection A10 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.
Subsection A1, 8 and 10 of this section shall not apply to any person
who has a valid concealed carry permit issued pursuant to Missouri
Statutes §§ 571.101 to 571.121, 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.
Subsection A3, 4, 5, 6, 7, 8, 9 and 10 of this section shall not
apply to persons who are engaged in a lawful act of defense pursuant
to Missouri Statute § 563.031.
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 not 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.
A.
Except as provided in Subsection B of this section, it shall be unlawful for any person to knowingly possess, manufacture, transport, repair or sell:
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 machine gun;
4.
A gas gun;
5.
A short-barreled rifle or shotgun;
6.
A firearm silencer;
7.
A switchblade knife;
8.
A bullet or projectile which explodes or detonates upon impact because
of an independent explosive charge after having been shot from a firearm;
or
9.
Knuckles.
B.
A person does not commit an offense under this section if his/her
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;
2.
Was incident to engaging in a lawful commercial or business transaction
with an organization enumerated in Subsection B1 of this section;
3.
Was incident to using an explosive weapon in a manner reasonably
related to a lawful industrial or commercial enterprise;
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 Subsection
A1, 2, 3 or 5 of this section it must be in such a non-functioning
condition that it cannot readily be made operable. No 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 "collector's item" by the Secretary
of the Treasury pursuant to the U.S.C. Title 26, § 5845(a).
A.
No person who has been issued a concealed carry permit or endorsement
shall be allowed to carry a concealed firearm in any building or portion
of a building owned, leased or controlled by the City.
B.
Any building or portion of a building in which the carrying of concealed
firearms is prohibited shall be clearly identified by signs posted
at the entrance to the restricted area.
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.
