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Thread: Farmington New Ordinaces?

  1. #1
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    Farmington New Ordinaces?

    I was oc'ing in farmington last weekend and had no problems. I printed out my cheat sheet that had a copy of ordinaces that I had made together a few weeks ago. (I had a different thread here about it). When I got home today I recieved a call from a fellow new oc'er that was going out and wanted the website for farmington codes. I sent it to him. He called back and said he thinks its illegal. I looked online tonight for codes and this is what I found.
    A. A person commits the ordinance violation 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;

    2. Discharges or shoots a firearm within the City limits;

    3. Possesses a firearm or projectile weapon while intoxicated;

    4. Carries a firearm or any other weapon readily capable of lethal use; or

    5. 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.

    B. Subparagraphs (1), (2), (4) and (5) 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 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;

    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.; and

    9. The discharge of firearms in connection with any turkey shoots or other charitable event authorized by the City Council.

    C. Subparagraphs (1), (3), (4) and (5) 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/her dwelling unit or upon business premises over which the actor has possession, authority or control, or is traveling in a continuous journey peaceably through the City. Subparagraph (5) 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.

    D. 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 function or activity sponsored or sanctioned by school officials or the district school board.

    Note--Under certain circumstances this ordinance violation can be a felony under state law.

    And this is what I found a couple of weeks ago....
    SECTION 210.250: WEAPONS -- CARRYING CONCEALED -- OTHER UNLAWFUL USE
    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;
    2. Sets a spring gun;
    3. Discharges or shoots a firearm except in Hunting Heritage Protection Areas as defined in Section 252.243, RSMo.;
    4. Exhibits, in the presence of one (1) or more persons, any weapon readily capable of lethal use in an angry or threatening manner;
    5. Possesses a firearm or projectile weapon while intoxicated;
    6. Openly carries a firearm or any other weapon readily capable of lethal use except in Hunting Heritage Protection Areas as defined in Section 252.243, RSMo.;
    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.
    B. Subparagraphs (1), (3), (4), (6) and (7) of Subsection (A) of this Section shall not apply to or affect any of the following:

    D. Subparagraphs (1), (6) and (7) of Subsection (A) of this Section shall not apply to any person who has a valid concealed carry endorsement issued pursuant to Sections 571.101 to 571.121, RSMo., or a valid permit or endorsement to carry concealed firearms issued by another State or political subdivision of another State

    It appears that they added a section about airguns that wasn't there and moved weapons up to 210.240 and the airgun is now 210.250

    I know in my previous thread that we determined that it was legal and another member reported ocing all the time. Am I reading to much into this? I also looked at the minutes of meetings and agenda's from city council and did not see where they banned it.

  2. #2
    Regular Member Big Boy's Avatar
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    sub-paragraphs B shows the exemptions to A-4 and it doesn't even mention people with concealed carry permits. There must be more there.

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    Regular Member xc9subcompact's Avatar
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    Sure would have been nice for you to post the link, since you apparently have it.
    I found it, and it isn't 210.250. it is 210.240
    It is against the odrinances of Farmington to OC. IT is also against the ordinances of Farmington to CC.

    http://codes.sullivanpublications.co...s&2.0#LPTOC5.6
    Last edited by xc9subcompact; 07-11-2011 at 01:32 AM.

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    farmington seems like a mess cuz i also noticed where they have one ordinance that is against missouri state law. No municipality is allowed to have an ordinance that says its illegal to possess a firearm while intoxicated, so the laws there are way screwed up and tell me to avoid farmington

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    I sent a email to the city clerk and this is the response I got. Sorry about not posting the links. The link you posted is where I got it. The other stuff I posted was cut and paste from the same link but a prior version in may and is no longer available.





    Mr.xxxxxx,

    Our code just went through an update, and nothing has changed since then regarding weapons. If you need specific answers regarding weapons, you can email our Chief of Police, Rick Baker, at rbaker@farmington-mo.gov

    Thanks.

    Paula Cartee


    Paula Cartee
    City Clerk
    City of Farmington
    110 West Columbia Street
    Farmington, MO 63640
    573-756-1701 (ext. 101)
    Last edited by repomasterstl; 07-11-2011 at 12:39 PM. Reason: Removal of name.

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    and the codes was 210.250 before the change.

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    Regular Member xdmcompact's Avatar
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    They removed section A6 where it said it was illegal to openly carry. They also forgot to put back the section that should say concealed carry is legal with a permit. CC is preempted so even if it is missing from there ordinance they can not arrest you for CC. And now there is nothing saying you can not open carry. You can read what you want into it but by what it says it is legal to OC and CC. Always check yourself never take someones word for it.

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    Recieved a email from chief baker. I didn't send him one but in my original email to city clerk it talked about oc. She forwarded to him. This is what I got back.

    xdm: I am guessing by your name you have a xdm? How do you like it?




    You are correct, there is not an ordinance prohibiting open carry in Farmington. However, if you choose to do so, you will draw the attention of our citizens and they will contact our department due to it not being a common practice.


    Chief Baker

  9. #9
    Regular Member xdmcompact's Avatar
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    This is what the Police Chief said about the law as it is written.

    Greg,

    We just recently had our ordinances re-codified. Iím not sure if something happened in that process, or if it was just an oversight. I will look into it further to see what we need to do to. I can tell you we do honor CCW Permits.





    Chief Baker

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