HomeMy WebLinkAboutOrd.216.02-06-1985 � a/�ILL N0. 84-123 ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 18-61 OF THE
CITY CODE PERTAINING TO UNLAWFUL POSSESSION
OR USE OF WEAPONS BY MODIFYING THE
PROVISIONS PERTAINTNG TO CARRYING OF
FIREARMS TO CONFORM TO THE REQUIREMENT OF
STATE LAW PARTIALLY PREEMPTING FIREARMS
REGULATION AND BY PROVIDING CERTAIN
EXCEPTIONS TO THE PROHIBITION OF THE
DISCHARGE OF FIREARMS AND PROJECTILE WEAPONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS :
SECTION 1 . Section 18-61 of the Code of Ordinances of the
City of Cape Girardeau, Missouri , is hereby repealed .
SECTION 2. A new Section 18-61 of the Code of Ordinances
of the City of Cape Girardeau, Missouri , is hereby enacted to
read as follows :
"Sec . 18-61 . Unlawful possession or Use of Weapons .
^
1 . 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 letha_l 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.
� 2 . Subdivisions ( 1 ) , ( 3 ) , ( 4 ) and ( 5) of subsection 1 of
th ' s,ection shall not apply to or affect any of the
fo��owing:
�'"` ( 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 ) P9embers 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 ju�icial
power of the state ;
( 5) Any persons whose bona fide duty is to execute
process , civil or criminal .
3 . Subdivisions ( 1 ) , ( 2 ) , ( 4 ) and ( 5) of subsection 1 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 . Subdivision ( 1 ) of sub-section 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. Subdivision ( 3 ) of subsection 1 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 .
Subdivision ( 3) of subsection 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 and reasonably discharges a firearm or
projectile weapon in defense of himself, a third
person or property. Subdivision ( 5) of subsection 1
of this section does not apply when the actor openly
carries a firearm readily capable of lethal use at a
suitable firearm range . "
SECTION 3. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held
invalid or unconstitutional by any court of 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.
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/� SECTION 4 . This ordinance shall be in full force and
effect ten days after its passage and approval .
PASSED AND APPROVED THIS � DAY OF , }9-g-�-- �Q�!
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ATTEST: MAYOR
TY CLERK
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