ORDINANCE NO. 040248

Amending section 50-261, Code of Ordinances, entitled Unlawful use of weapons Generally to exempt from certain prohibitions persons authorized by the State of Missouri to carry a concealed weapon; enacting a new section 50-268, entitled Concealed weapons prohibited in city buildings to prohibit persons authorized by the State of Missouri to carry a concealed weapon from entering or remaining in any building or part of a building owned, leased or controlled by the city; enacting a new section 50-269, entitled Failure to leave locations where carrying concealed weapons is not permitted to enact the procedures established by statute to remove persons carrying concealed weapons in prohibited areas; directing the director of human resources to implement rules to prohibit employees from carrying concealed weapons unless specifically authorized; and authorizing continued prosecution of concealed weapons charges commenced prior to February 26, 2004.

WHEREAS, The State of Missouri adopted House Bill Nos. 349, 120, 136 and 328 over the veto of the Governor; and

WHEREAS, the City is prohibited to enact weapons offenses unless the ordinances are identical to certain statutes; and

WHEREAS, statutes regulating the use of weapons have been amended; and

WHEREAS, the on February 26, 2004, the Missouri Supreme Court reversed a trial court ruling and found that the state statutes authorizing the carrying of concealed weapons do not violate the Missouri Constitution; and

WHEREAS, the General Assembly has permitted cities to prohibit persons carrying a concealed weapon from entering or remaining in buildings or parts of buildings owned, leased or controlled by a city if specific actions are taken; NOW, THEREFORE

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. Unlawful use of weapons right to carry recognized. That section 50-261, Code of Ordinances, entitled Unlawful use of weapons Generally is amended to read as follows:

Sec.50-261. Unlawful use of weapons Generally.

(a) A person commits the ordinance violation of unlawful use of weapons if he or she knowingly:

(1) Carries concealed upon or about his or her person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use; or

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

(3) Possesses or discharges a firearm or projectile weapon while intoxicated; 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 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

(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) Subsections (a)(l), (2), (4) and (5) of this section shall not apply to or affect any of the following:

(1) All state, county and municipal peace 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, whether such officers are within or outside their jurisdictions or on or off duty, 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) Any coroner, deputy coroner, medical examiner, or assistant medical examiner.

(c) Subdivisions (1), (3), (4) and (5) of subsection (a) 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 subsection (a) of this section does not apply to any person twenty-one years or age or older transporting a concealable firearm in the passenger compartment of a motor vehicle, so long as such concealable firearm is otherwise lawfully possessed, nor when the actor is also in possession of an exposed firearm or projectile weapon for the lawful pursuit of game, or is in his or her dwelling unit or upon premises over which the actor has possession, authority or control, or is traveling in a continuous journey peaceably through this state. Subdivision (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) Subdivisions (1), (4), and (5) of subsection (a) of this section shall not apply to any person who has a valid concealed carry endorsement, or until July 1, 2004, a certificate of qualification, issued pursuant to section 571.094, RSMo. or a valid permit or endorsement to carry concealed firearms issued by another state or political subdivision of another state.

(e) Subdivisions (2), (3), (4), and (5) of subsection (a) of this section shall not apply to persons who are engaged in a lawful act of defense pursuant to section 563.031, RSMo.

(f) 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 other function or activity sponsored or sanctioned by school officials or the district school board.

Section 2. Concealed weapons prohibited in city buildings. That a new section 50-268, code of ordinances, entitled Concealed weapons prohibited in city buildings is enacted to read as follows:

Sec. 50-268. Concealed weapons in city buildings.

(a) No person who has a concealed carry endorsement issued by the Missouri director of revenue under Section 571.094 RSMo. who has been issued a valid permit or endorsement to carry concealed firearms issued by another state or political subdivision of another state, shall, by authority of that endorsement or permit, be allowed to carry a concealed firearm or to openly carry a firearm in any building or portion of a building owned, leased or controlled by the city.

(b) Signs shall be posted at each entrance of a building entirely owned, leased or controlled by the city stating that carrying of firearms is prohibited. Where the city owns, leases or controls only a portion of a building, signs shall be posted at each entrance to that portion of the building stating that carrying of firearms is prohibited.

(c) This section shall not apply to buildings used for public housing by private persons, highways or rest areas, firing ranges, or private dwellings owned, leased or controlled by the city.

(d) Any person violating this section may be denied entrance to the building or ordered to leave the building. No other penalty shall be imposed for a violation of this section.

(e) Prior to July 1, 2004, when the director of revenue begins issuing concealed carry endorsements, no person who has been issued a certificate of qualification which allows the person to carry a concealed firearm shall, by authority of that certificate, be allowed to carry a concealed firearm or to openly carry a firearm in any building or portion of a building owned, leased or controlled by the city.

Section 3. Failure to leave locations not permitting concealed weapons. That a new section 50-269, code of ordinances, entitled Failure to leave locations where carrying concealed weapons is not permitted is enacted to read as follows:

Sec. 50-268. Failure to leave locations where carrying concealed weapons is not permitted.

(a) Prohibition carrying concealed weapons in unauthorized locations. A person who has been issued a concealed carry endorsement, a certificate of qualification, or permit or endorsement issued by another state or political subdivision in another state, and is carrying a concealed weapon, shall not enter, and if already within the location must leave when requested, the premises for locations named in Section 571.094(20)(1) through (17), RSMo.

(b) Penalty. If such person refuses to leave the premises and a peace officer is summoned, such person may be issued a citation. A fine may be imposed according to the following schedule:

First offense: not to exceed $100.00

Second offense within 6 months

of the date of the first offense: not to exceed $250.00

Third offense within 12 months

of the date of the first offense: not to exceed $500.00

(c) Duty of court administrator. The court administer will provide a notice to the sheriff of the county which issued the certificate of qualification for a concealed carry endorsement and the department of revenue of the imposition of such fines.

Section 4. City Manager to restrict employees from carrying concealed weapons. It is the policy of the City that employees authorized to carry concealed weapons by the State of Missouri will not carry or possess weapons while on duty, unless specifically authorized. The City manager will promulgate or cause to be promulgated appropriate rules or regulations to prohibit carrying of concealed weapons by employees while on duty.

Section 5. Continued validity of prosecutions or investigations. Consistent with section 1-16, code of ordinances, no matter alleging a violation of section 50-261, code of ordinances, commenced before February 26, 2004, shall be precluded by enactment of this ordinance. It is the intention of the mayor and council that amendment of section 50-261, code of ordinances, operate prospectively and without effect on current prosecutions or potential prosecutions alleging wrongdoing under the then effective section 50-261, code of ordinances.

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Approved as to form and legality:

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William D. Geary

Assistant City Attorney