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Thread: Farmington Mo Firearms Ordinance

  1. #1
    Regular Member xdmcompact's Avatar
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    Farmington Mo Firearms Ordinance

    I was emailing back and forth with Chief Baker to let him know that the ordinance does not show exemption for concealed carry in Farmington. He said they recently re-codified and that he would look into it, his last response stated that the prosecutor's opinion was that concealed carry was legal (DUH!) and that their ordinance did not restrict it. Well when looking at their ordinance there is no exemption for CCW anywhere, so their ordinance is contradicting state preemption laws concerning CCW. What can be done to get them to fix the ordinance to show that CCW is allowed? This concerns me when someone new is looking at the ordinance and they think they can not carry in Farmington because the ordinance does not exempt their CCW permit. You can find there ordinances at www.sullivanpublications.com Section 210.240
    or as posted below.

    Here is the Chief and the Mayors email addresses.
    Mayor Stuart Landrum:Mlandrum@farmington-mo.gov
    Chief Rich Baker:rbaker@farmington-mo.gov



    SECTION 210.240: WEAPONS -- CARRYING CONCEALED -- OTHER UNLAWFUL USE

    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.
    Last edited by xdmcompact; 09-02-2011 at 12:24 AM.

  2. #2
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    I can see a couple things wrong with their weapons ordinance.

    1. No exemption for CCW.
    2. #3 It is no longer illegal to be in possession of a firearm while intoxicated. (While I wouldn't recommend, or at least advertise the fact. I wouldn't want to be a testament, of this rather new law. I would be afraid of other charges that would probably be filed to see if anything would STICK,........ with their #3 charge.

    It would be nice for the municipalities to make sure their ordinances were up to PAR with state law wouldn't it? It would be even nicer if every municipality was just to mirror state law. That way, you would not have two sets of laws to memorize, or try to interpret. WAIT, That should have read three sets of laws to memorize. We all know the Feds are going to stick their nose in too.

  3. #3
    Campaign Veteran Verd's Avatar
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    Quote Originally Posted by Freedom 1st View Post
    2. #3 It is no longer illegal to be in possession of a firearm while intoxicated. (While I wouldn't recommend, or at least advertise the fact. I wouldn't want to be a testament, of this rather new law. I would be afraid of other charges that would probably be filed to see if anything would STICK,........ with their #3 charge.

    .
    When did that happen?

  4. #4
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    Passed in 2010. Added the section for handling while intoxicated so that you wouldnt be prosecuted for having a firearm in your home while intoxicated;

    (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;

  5. #5
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    Ummm, spring guns are prohibited everywhere in MO by state law, there is just no local law against it. It's just as illegal though. I don't want to lead anyone astray.

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