imported post
From the City of Perryville
Title 9 PUBLIC PEACE, MORALS AND WELFARE
Chapter 9.04 OFFENSES AGAINST PUBLIC PEACE AND DECENCY
9.04.010 Dangerous and concealed weapons.
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A. It is unlawful if any person knowingly: 1. Carries concealed weapons upon or about his person a knife with a blade equal in length or longer than four inches, a firearm, a blackjack or any other weapon readily capable of lethal use; 2. Discharges any rifle, shotgun, pistol, revolver or other firearm within the city limits; 3. Aims a firearm or projectile weapon at another person in an angry or threatening manner or possesses a knife, firearm, blackjack or other weapon readily capable of lethal use with the purpose to unlawfully use such weapon; 4. Possesses or discharges a firearm or projectile weapon while intoxicated; 5. Carries a knife, firearm, blackjack or any other weapon readily capable of lethal use into any church or place where people have assembled for worship, or into any school or building or other premises owned or occupied by a school district, 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, municipal government or any political subdivision thereof; 6. Sets a spring gun; 7. Discharges or shoots a firearm into a dwelling house, a railroad train, boat, aircraft or motor vehicle as defined in Section 302.010, RSMo, or any building or structure used for the assembling of people; 8. Discharges a firearm within one hundred (100) yards of any occupied school house, courthouse or church building; 9. 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; 10. Discharges or shoots a firearm at or from a motor vehicle, as defined in Section 302.010, RSMo; 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 11. 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, including any field, arena or stadium where a school-sponsored sporting event is being held. B. The police officers of the city are authorized and directed to seize and confiscate all knives, firearms, blackjacks and all other weapons readily capable of lethal use which they shall find in the possession of any person who violates subsection A of this section. C. Any person convicted of violating any provision of this section shall be subject to forfeiture of the weapon involved in such offense. All such weapons confiscated as provided in subsection B of this section and forfeited as provided in this section shall be either destroyed by the chief of police or used by and for the police department. D. Subsections 1, 2, 3, 5, 6, 7, 8, 9, 10 and 11 of subsection A of this section shall not apply to or affect any of the following: 1. All state, county and municipal peace 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, whether such officers are within or outside their jurisdictions or on or off duty, or any person summoned by such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officers; 2. Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crimes; 3. Members of the armed forces or national guard while performing their official duties; 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. Any federal probation officer; 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 board of police commissioners under Section 84.340, RSMo; 9. Any coroner, deputy coroner, medical examiner or assistant medical examiner. E. Subsections 1, 4, 5 and 11 of subsection A 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 1 of subsection A of this section does not apply to any person twenty-one (21) years of age or older
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 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 11 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. F. Subsection A of this section does not apply when the actor discharges a firearm or projectile weapon in a safe manner at a suitable firearm, air gun or archery range constructed, maintained and staffed in accordance with specifications, guidelines and recommendations of the state department of conservation. G. Subsections 1, 5 and 11 of subsection A of this section shall not apply to any person who has a valid concealed carry endorsement issued pursuant to Section 571.094, RSMo, or a valid permit or endorsement to carry concealed firearms issued by another state or political subdivision of another state. H. Subsections 3, 4, 5, 7, 8, 9, 10 and 11 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. I. 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 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. (Ord. 4514 § 1, 2004: prior code § 17-2)
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9.04.015 Concealed weapons.
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A. No person shall carry concealed firearms: 1. Into any police or sheriff's 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. The chief of police is hereby designated as the chief law enforcement officer for the city of Perryville, Missouri, for the purposes of this section; 2. Within twenty-five (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. Into the facility of any adult, 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. Into any courthouse solely occupied by the circuit 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 or associate division court offices or 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. 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. Into any meeting of the city council. 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. B. Concealed weapons shall be prohibited in city buildings. No person shall unlawfully carry any weapon, as defined in Section 9.04.010 of the Code of Ordinances of the city of Perryville, Missouri, in any portion of any building owned, leased or controlled by the city of Perryville, Missouri. Persons violating this subsection shall be denied entrance to the building, ordered to leave the building and, if their conduct meets the elements for other offenses, including, but not limited to, resisting an officer under Section 9.04.220 or trespassing under Section 9.12.060, may be deemed to have committed such misdemeanor crimes and such charges shall be referred to the prosecuting authority. Any city employee violating this subsection shall be subject to disciplinary measures. The city shall post signs on or about the premises governed by this subsection indicating that carrying of concealed firearms is prohibited. C. No person shall carry concealed weapons on, upon or within any of the following buildings within the city limits: 1. Any establishment licensed to dispense intoxicating liquor or nonintoxicating beer
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 the 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 fifty (50) persons and that receives at least fifty-one (51) percent 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 endorsement to possess any firearm while intoxicated; 2. Any place where the carrying of a firearm is prohibited by federal law; 3. Any institution of higher education or elementary or secondary school facility without the consent of the governing body of the institution of higher education or the school principal or superintendent or the district school board. Possession of a firearm in a vehicle on the premises of any institution of higher education 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; 4. 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 driver's license or nondriver's license containing a concealed carry endorsement; 5. 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; 6. Any church or other place of religious worship without the consent of the minister or any 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; 7. Any private property if the owner has posted one or more signs displayed in a conspicuous place of a minimum size of eleven (11) inches by fourteen (14) inches with the writing thereon in letters of not less than one inch designating the premises as off-limits to concealed firearms. 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 endorsement from carrying concealed firearms on the premises and may prohibit employees not authorized by the employer holding a concealed carry 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 endorsement from carrying a concealed firearm in vehicles owned by the employer; 8. 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. D. No city employee, except police officers, shall carry or use a weapon as defined in Section 9.04.010 of the Code of Ordinances of the city of Perryville, Missouri, on city property or in any city vehicle. E. Carrying of a concealed firearm in a location prohibited by this section by any individual who holds a concealed carry endorsement issued pursuant to this section shall not be a criminal act unless the individual violating this section has otherwise violated any offense as defined in Title 9 of the Code of Ordinances of the city of Perryville, Missouri. Any person violating this section may be subject to denial of access to the premises or removal therefrom. If such person refuses to leave the premises and a peace officer is summoned, such person may be issued a citation in 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) and his endorsement to carry concealed firearms shall be suspended for a period of one year. 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 five hundred dollars ($500.00) and shall have his concealed carry endorsement revoked and such person shall not be eligible for a concealed carry endorsement for a period of three years. Upon conviction of charges arising from a citation issued pursuant to this subsection, the court shall notify the sheriff or county which issued the certificate of qualification for a concealed carry endorsement and the department of revenue. (Ord. 4515 § 1, 2004)
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