HomeMy WebLinkAboutOrd.4651.12-15-2014BILL NO. 14-184 ORDINANCE NO.
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AN ORDINANCE AMENDING SECTION 17-98 OF THE CODE
OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, REGARDING UNLAWFUL POSSESSION OR USE OF
WEAPONS
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. Section 17-98, of the Code of Ordinances of
the City of Cape Girardeau, Missouri, reading as follows:
Sec. 17-98. - Unlawful possession or use of
weapons.
(a) A person commits the offense of unlawful
possession or use of weapons if he knowingly:
(1) Carries, concealed upon or about his
person a knife, a firearm, a blackjack or
any other weapon readily capable of lethal
use; or
(2) Possesses or discharges a firearm or
projectile weapon while intoxicated; or
(3) Discharges a firearm or projectile
weapon; or
(4) 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 school, 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 into any public assemblage of
persons met for any lawful purpose; or
(5) Openly carries a firearm readily capable
of lethal use.
(b) Subsections (a)(1),
section shall not apply
following:
(3), (4) and (5) of this
to or affect any of the
(1) All state, county and municipal law
enforcement officers possessing the duty and
power of arrest for violations of the
general criminal laws of the state or for
violations 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;
(5) Any persons whose bona fide duty is to
execute process, civil or criminal.
(c) Subsections (a)(1), (2), (4) and (5) 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 when the actor is in his
dwelling unit or upon business premises over
which the actor has possession, authority or
control, or is traveling in a continuous journey
peaceably through this state. Subsection (a)(3)
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. Subsection (a)(3) of this section
does not apply when the actor is in his dwelling
unit or upon business premises over which the
actor has possession and reasonably discharges a
firearm or projectile weapon in defense of
himself, a third person or property. Subsection
(a)(5) of this section does not apply when the
actor openly carries a firearm readily capable of
lethal use at a suitable firearm range.
(d) Subsections (a)(1) and (4) of this section
shall not apply to any person possessing a valid
authorization to carry concealed weapons under
RSMo § 571.094, to the extent that statute
prohibits the enforcement of those subsections,
and subject to the location limitations, and
other limitations contained in that statute.
11s_hereby. repealed:• in°:'itsehtirety„ and a new Section 17-98
of the City of Cape Girardeau, Missouri, is hereby enacted
in lieu thereof, in words and figures, to read as follows:
Sec. 17-98. - Unlawful possession or use of
weapons.
(a) A person commits the offense of unlawful
possession or use of weapons if he knowingly:
(1) Carries, concealed upon or about his
person a knife, a firearm, a blackjack or
any other weapon readily capable of lethal
use; or
(2) Possesses or discharges a firearm or
projectile weapon while intoxicated; or
(3) Discharges a firearm or projectile
weapon; or
(4) 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 school, 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 into any public assemblage of
persons met for any lawful purpose; or
(5) Openly carries a firearm readily capable
of lethal use; or
(E) Possesses a firearm while also knowingly
in possession o_` a con -:=lied substance that
is sufficient for a felony violation of ?SMo
s 193.202.
(b) Subsections (a)(1), (3), (4) and (5) 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 violations of the
general criminal laws of the state or for
violations 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;
(5) Any persons whose bona fide duty is to
execute process, civil or criminal.
(c) Subsections (a)(1), (2), (4) and (5) 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 when the actor is in his
dwelling unit or upon business premises over
which the actor has possession, authority or
control, or is traveling in a continuous journey
peaceably through this state. Subsection (a)(3)
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. Subsection (a)(3) of this section
does not apply when the actor is in his dwelling
unit or upon business premises over which the
actor has possession and reasonably discharges a
4
firearm or projectile weapon in defense of
himself, a third person or property. Subsection
(a)(5) of this section does not apply when the
actor openly carries a firearm readily capable of
lethal use at a suitable firearm range—, or in
the lawful pursuit of Game. Subsection (a)(5) of
this Section also does not apply in accordance
with the following:
(1) Any person with a valid concealed carry
endorsement or permit who is open carrying a
firearm sha'_1 be required to have a valid
concealed carry endorsement or permit from
this sate, or a permit frc-t another stare
that is recognized by this state, in his or
:ler possession at all times;
,2) Any person open carrving a firearm shall
disolav his or her concealed carry
endorsement or permi-t upon demand of a law
enforcement officer;
(3) In the absence of any reasonable and
articulable suspicion of criminal activity,
no person carrying a concealed or
unconcealed firearm shall be disarmed or
physically restrained by a law enforcement
officer unless under arrest;
( 4 ) Any person who violates Subsections
(c)(1) or (r_)(2) of this Section shall be
subject to the penalty prov-,ded in RSVo §
571.121.
(d) Subsections (a)(1) and (4) of this section
shall not apply to any person possessing a valid
authorization to carry concealed weapons under
RSMo § 571.094, to the extent that statute
prohibits the enforcement of those subsections,
and subject to the location limitations, and
other limitations contained in that statute.
(e) Ncthing in this Section shall be construed to
preclude the use of a firearm in defense of
person or property, subject to the provisions of
RSMo Chapter _'363.
ARTICLE 2. If any section, subsection, sentence,
clause, phrase or portion of this Ordinance is for any
reason held invalid or unconstitutional by any court of
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competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such
holding shall not affect the validity of the remaining
portions hereof.
ARTICLE 3. This ordinance shall take effect and be
in force from and after ten days after its final passage
and approval.
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yI3 I� ROVED THIS DAY OF , 2014.
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r ERe eMayor
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ATT �. �AL
datb � dwad. —
Gayle J. Conrad, City Clerk
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