KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 190664 Introduction Date: 8/8/2019
Type: Ordinance Effective Date: none
Sponsor: MAYOR LUCAS
Title: Amending Chapter 50, Code of Ordinances, by enacting one new section 50-273 relating to the unlawful possession of a handgun by a minor.

Legislation History
DateMinutesDescription
8/8/2019 Filed by the Clerk's office
8/8/2019 Referred to Finance, Governance and Public Safety Committee
8/14/2019 Hold On Agenda (9/18/2019)
8/28/2019 Advance and Do Pass as a Committee Substitute, Debate
8/29/2019 Passed as Substituted

View Attachments
FileTypeSizeDescription
190664.pdf Authenticated 269K Authenticated

Printer Friendly Version

COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 190664

 

Amending Chapter 50, Code of Ordinances, by enacting one new section 50-273 relating to the unlawful possession of a handgun by a minor.

WHEREAS, Section 21.750, of the Revised Statutes of Missouri, preempts the City from enacting ordinances regarding firearms by stating:

 

“The general assembly hereby occupies and preempts the entire field of legislation touching in any way firearms, components, ammunition and supplies to the complete exclusion of any order, ordinance or regulation by any political subdivision of this state. Any existing or future orders, ordinances or regulations in this field are hereby and shall be null and void except as provided in subsection 3 of this section.

 

No county, city, town, village, municipality, or other political subdivision of this state shall adopt any order, ordinance or regulation concerning in any way the sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permit, registration, taxation other than sales and compensating use taxes or other controls on firearms, components, ammunition, and supplies except as provided in subsection 3 of this section.”; and

 

WHEREAS, an exception to the preemption found in Section 21.750, of the Revised Statutes of Missouri, is provided in Subsection 3 of such Section where it states in part:

 

“…nothing contained in this section shall prohibit any ordinance of any political subdivision which conforms exactly with any of the provisions of sections 571.010 to 571.070, with appropriate penalty provisions…;” and

 

WHEREAS, Section 571.030, of the Revised Statutes of Missouri, states that a person has committed the offense of unlawful use of a weapon if such person:

 

…carries concealed upon or about his or her person a knife, a firearm, a blackjack, or any other weapon readily capable of lethal use into any area where firearms are restricted under section 571.107”; and

 

WHEREAS, Section 571.107.1(9), of the Revised Statues of Missouri, states that a person is not authorized to carry concealed firearms into “any place where the carrying of a firearm is prohibited by federal law;” and

 

WHEREAS, federal law states in Title 18 of the United States Code in Section 922(x), that:

 

“(x)(2) It shall be unlawful for any person who is a juvenile to knowingly possess--

(A) a handgun; or

(B) ammunition that is suitable for use only in a handgun.

(3) This subsection does not apply to--

(A) a temporary transfer of a handgun or ammunition to a juvenile or to the possession or use of a handgun or ammunition by a juvenile if the handgun and ammunition are possessed and used by the juvenile--

(i) in the course of employment, in the course of ranching or farming related to activities at the residence of the juvenile (or on property used for ranching or farming at which the juvenile, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch), target practice, hunting, or a course of instruction in the safe and lawful use of a handgun;

(ii) with the prior written consent of the juvenile's parent or guardian who is not prohibited by Federal, State, or local law from possessing a firearm, except--

(I) during transportation by the juvenile of an unloaded handgun in a locked container directly from the place of transfer to a place at which an activity described in clause (i) is to take place and transportation by the juvenile of that handgun, unloaded and in a locked container, directly from the place at which such an activity took place to the transferor; or

(II) with respect to ranching or farming activities as described in clause (i), a juvenile may possess and use a handgun or ammunition with the prior written approval of the juvenile's parent or legal guardian and at the direction of an adult who is not prohibited by Federal, State or local law from possessing a firearm;

(iii) the juvenile has the prior written consent in the juvenile's possession at all times when a handgun is in the possession of the juvenile; and

(iv) in accordance with State and local law;

(B) a juvenile who is a member of the Armed Forces of the United States or the National Guard who possesses or is armed with a handgun in the line of duty;

(C) a transfer by inheritance of title (but not possession) of a handgun or ammunition to a juvenile; or

(D) the possession of a handgun or ammunition by a juvenile taken in defense of the juvenile or other persons against an intruder into the residence of the juvenile or a residence in which the juvenile is an invited guest.

(4) A handgun or ammunition, the possession of which is transferred to a juvenile in circumstances in which the transferor is not in violation of this subsection shall not be subject to permanent confiscation by the Government if its possession by the juvenile subsequently becomes unlawful because of the conduct of the juvenile, but shall be returned to the lawful owner when such handgun or ammunition is no longer required by the Government for the purposes of investigation or prosecution.

(5) For purposes of this subsection, the term “juvenile” means a person who is less than 18 years of age.

(6)(A) In a prosecution of a violation of this subsection, the court shall require the presence of a juvenile defendant's parent or legal guardian at all proceedings.

(B) The court may use the contempt power to enforce subparagraph (A).

(C) The court may excuse attendance of a parent or legal guardian of a juvenile defendant at a proceeding in a prosecution of a violation of this subsection for good cause shown;” and

 

WHEREAS, the City Council is concerned with the unlawful possession of weapons in the City and that persons less than eighteen years old are prohibited from possession of a handgun pursuant to Section 571.030 and 571.080, of the Revised Statutes, and pursuant to Title 18, Section 922(x), of the United States Code; and

 

WHEREAS, the City Council desires to prohibit by ordinance the unlawful possession of handguns by a minor in a manner which conforms with Section 571.030, of the Revised Statutes of Missouri, as allowed pursuant to Section 21.750, of the Revised Statutes of Missouri; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 50, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by enacting one new section 50-273 relating to unlawful possession of a handgun by a minor, to read as follows:

 

Sec. 50-273. Unlawful possession of a handgun by a minor.

 

(a) Definitions.

 

(1)               The word “concealed” means kept hidden or removed from sight and either on one’s person or within a person’s reach.

 

(2) The word “handgun” as used in this section means a firearm which has a short stock and is designed to be held and fired by the use of a single hand.

 

(3) The word “minor” as used in this section means a person less than eighteen years old.

 

(b) Unlawful possession of a handgun. A minor commits the unlawful possession of a handgun, if the minor knowingly carries concealed upon or about his or her person a handgun or ammunition suitable only for use in a handgun in any place other than those specific places stated in subsection (c) of this section.

 

(c) Exception. The provisions of this section shall not apply to the following places:

 

(1) A temporary transfer of a handgun or ammunition to a minor or to the possession or use of a handgun or ammunition by a minor if the handgun and ammunition are possessed and used by the minor--

a. in the course of employment, in the course of ranching or farming related to activities at the residence of the minor (or on property used for ranching or farming at which the minor, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch), target practice, hunting, or a course of instruction in the safe and lawful use of a handgun;

 

b. with the prior written consent of the minor's parent or guardian who is not prohibited by Federal, State, or local law from possessing a firearm, except—

 

(i) during transportation by the minor of an unloaded handgun in a locked container directly from the place of transfer to a place at which an activity described in above is to take place and transportation by the minor of that handgun, unloaded and in a locked container, directly from the place at which such an activity took place to the transferor; or

 

(ii) with respect to ranching or farming activities as described above, a minor may possess and use a handgun or ammunition with the prior written approval of the minor's parent or legal guardian and at the direction of an adult who is not prohibited by Federal, State or local law from possessing a firearm;

 

c. the minor has the prior written consent in the minor's possession at all times when a handgun is in the possession of the minor; and

 

d. in accordance with state law and the code of ordinances; or,

(2) A minor who is a member of the Armed Forces of the United States or the National Guard who possesses or is armed with a handgun in the line of duty; or,

(3) A transfer by inheritance of title (but not possession) of a handgun or ammunition to a minor; or,

(4) The possession of a handgun or ammunition by a minor taken in defense of the minor or other persons against an intruder into the residence of the minor or a residence in which the minor is an invited guest.

(d) Violation. A minor violating this section shall be guilty of an ordinance violation.

 

(1) A minor violating this section shall be guilty of an ordinance violation. For a first time offender, a minor violating this section shall be subject to a fine not exceeding $200.00 and if that minor does not qualify for a diversionary or probationary program, not more than 30 days in jail.

 

(2) In connection with that ordinance violation, the City Manager is directed to identify a source of funding up to $100,000.00 to support diversionary services for the minor (and their families) violating this ordinance.

 

 

___________________________________________________

 

Approved as to form and legality:

 

__________________________________

Alan L. Holtkamp

Assistant City Attorney