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.
__________________________________________________
Approved
as to form and legality:
_________________________________
William
D. Geary
Assistant
City Attorney