§ 13-145. Unlawful use of weapons; exceptions.

(a)

For the purposes of this section, terms and phrases used herein shall have the definitions given them under RSMo section 571.010.

(b)

A person commits the offense of unlawful use of weapons, except as otherwise provided by RSMo 571.101 through 571.121, 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 into any area where firearms are restricted under RSMo 571.107; or

(2)

Sets a spring gun; or

(3)

Discharges or shoots a firearm into a dwelling house, a railroad train, boat, aircraft or motor vehicle as defined in RSMo section 302.010, or any building or structure used for the assembling of people; or

(4)

Exhibits, in the presence of one (1) or more persons, any weapon readily capable of lethal use in an angry or threatening manner; or

(5)

Has a firearm or projectile weapon readily capable of lethal use on his person, while he 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; or

(6)

Discharges a firearm within one hundred (100) yards of any occupied schoolhouse, courthouse, or church building; or

(7)

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; or

(8)

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 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

(9)

Discharges or shoots a firearm at or from a motor vehicle, as defined in RSMo section 301.010, 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

(10)

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.

(11)

Possesses a firearm while also knowingly in possession of a controlled substance that is sufficient for a felony violation of RSMo 579.015.

(c)

Subsection (b)(1), (8) and (10) of this section shall not apply to the persons described in this subsection, regardless of whether such uses are reasonably associated with or are necessary to the fulfillment of such person's official duties except as otherwise provided in this subsection. Subdivisions (b)(3), (4), (6), (7), and (9) of this section shall not apply to or affect any of the following persons, when such uses are reasonably associated with or are necessary to the fulfillment of such person's official duties, except as otherwise provided in this subsection:

(1)

All state, county, and municipal peace officers who have completed the training required by the police officer standards and training commission pursuant to RSMo 590.030 to 590.050 and who possess 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 on or off duty, and whether such officers are within or outside of the law enforcement agency's jurisdiction, or all qualified retired peace officers, as defined in RSMo 571.030(12), and who carry the identification defined in RSMo 571.030(13) 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 state Constitution 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 or federal flight deck officer as defined under the federal flight deck officer program, 49 U.S.C. § 44921, regardless of whether such officers are on duty, or within the law enforcement agency's jurisdiction;

(7)

Any state probation and 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 RSMo 590.750; and

(9)

Any coroner, deputy coroner, medical examiner, or assistant medical examiner.

(10)

Any municipal or county prosecuting attorney or assistant prosecuting attorney; circuit attorney or assistant circuit attorney; municipal, associate, or circuit judge; or any person appointed by a court to be a special prosecutor who has completed the firearms safety training course required under RSMo 571.111(2);

(11)

Any member of a fire department or fire protection district who is employed on a full-time basis as a fire investigator and who has a valid concealed carry endorsement issued prior to August 28, 2013, or a valid concealed carry permit under RSMo 571.111 when such uses are reasonably associated with or are necessary to the fulfillment of such person's official duties; and

(12)

Upon the written approval of the governing body of a fire department or fire protection district, and approval of the city council, any paid fire department or fire protection district member who is employed on a full-time basis and who has a valid concealed carry endorsement issued prior to August 28, 2013, or a valid concealed carry permit, when such uses are reasonably associated with or are necessary to the fulfillment of such person's official duties.

(d)

Subsection (b)(1), (5), (8), and (10) 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 (b)(1) does not apply to any person nineteen (19) years of age or older, or eighteen (18) years of age or older and a member of the United States Armed Forces, or honorably discharged from the United States Armed Forces, transporting a concealable firearm in the passenger compartment of a motor vehicle, so long as such concealable firearm is otherwise lawfully possessed, or when the actor is also in possession of an exposed firearm or projectile weapons for the lawful pursuit of game, or 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 (b)(10) shall 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 or club event.

(e)

Subdivisions (b)(1), (8), and (10) of this section shall not apply to any person who has a valid concealed carry permit issued pursuant to RSMo 571.101 to 571.121, a valid concealed carry endorsement issued before August 28, 2013, or a valid permit or endorsement to carry concealed firearms issued by another state or political subdivision of another state.

(f)

Subdivisions (b)(3), (4), (5), (6), (7), (8), (9), and (10) of this section shall not apply to persons who are engaged in a lawful act of defense pursuant to RSMo 563.031.

(g)

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 or club-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.

(h)

Any person violating this section shall be punished upon conviction thereof as provided by section 1-12.

(Ord. No. 03-69, § 2, 12-9-2003; Ord. No. 17-20, § 1, 6-13-17)

Editor's note

Ord. No. 03-69, § 2, adopted Dec. 9, 2003, repealed the former § 13-145, and enacted a new § 13-145 as set out herein. The former § 13-145 pertained to discharge of firearms, etc. and derived from Code 1978, § 240.250.