ORDINANCE
NO. 190920
Amending Chapter 50, Code of
Ordinances, by enacting one new section 50-274 relating to the unlawful
carrying of concealed firearms in the City by persons who are subject to a
restraining order or convicted of domestic violence and the firearm they are in
receipt of has been shipped or transported in interstate commerce as prohibited
by federal law.
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 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(g) (8) and (9)
that:
(g) It shall be unlawful for any person—
(8) who is subject to a court order that--
(A) was issued after a hearing of which such person
received actual notice, and at which such person had an opportunity to
participate;
(B) restrains such person from harassing, stalking,
or threatening an intimate partner of such person or child of such intimate
partner or person, or engaging in other conduct that would place an intimate
partner in reasonable fear of bodily injury to the partner or child; and
(C)(i) includes a finding that such person represents a
credible threat to the physical safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the use,
attempted use, or threatened use of physical force against such intimate
partner or child that would reasonably be expected to cause bodily injury; or
(9) who has been convicted in any court of a
misdemeanor crime of domestic violence,
to ship or transport in interstate or foreign commerce,
or possess in or affecting commerce, any firearm or ammunition; or to receive
any firearm or ammunition which has been shipped or transported in interstate
or foreign commerce.
WHEREAS, the City
Council is concerned with the unlawful carrying of concealed firearms in the
City by persons who are subject to a restraining order or convicted of domestic
violence and the firearm they are in receipt of has been shipped or transported
in interstate commerce as prohibited by federal law in Title 18, Section 922(g)
(8) and (9), of the United States Code; and,
WHEREAS, the City
Council desires to prohibit by ordinance in a manner which conforms to the
above cited state and federal law the unlawful carrying of a concealed firearm
in the City by a person when the person is either
subject to a court order restraining that person from harassing, stalking, or
threatening an intimate partner of that person or child of that intimate
partner or person or engaging in conduct placing an intimate partner in
reasonable fear of bodily injury to the partner or child or has been
convicted of a misdemeanor crime of domestic violence and the carried firearm
such person is in receipt of has been shipped or transported in interstate
commerce as prohibited by federal law in Title 18, Section 922(g) (8) and (9),
of the United States Code; 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 50-274 relating to the unlawful carrying of
concealed firearms in the City by persons who are subject to a restraining
order or convicted of domestic violence and the firearm they are in receipt of
has been shipped or transported in interstate commerce as prohibited by federal
law, to read as follows:
Sec. 50-274. Unlawful
carrying of concealed firearms in the City by persons who
are
subject to a restraining order or convicted of domestic violence.
(a) Definitions.
(1) The word "concealed" as used in this section means
kept hidden or removed from sight and either on one's person or within a
person's reach.
(2) The term “intimate partner” as used in this section means,
with respect to a person, the spouse of the person, a former spouse of the
person, an individual who is a parent of a child of the person, and an
individual who cohabitates or has cohabited with the person.
(3) The term “misdemeanor crime of domestic violence” as used in
this section:
a. Means an offense that (i) is a misdemeanor under federal,
state, or tribal law; and that (ii) has, as an element, the use or attempted
use of physical force, or the threatened use of a deadly weapon, committed by a
current or former spouse, parent, or guardian of the victim, by a person with
whom the victim shares a child in common, by a person who is cohabiting with or
has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly
situated to a spouse, parent, or guardian of the victim.
b. A person shall not be considered to have been convicted of
such an offense for purposes of this section, unless (i) the person was
represented by counsel in the case, or knowingly and intelligently waived the
right to counsel in the case; and (ii) in the case of a prosecution for an
offense described in this subsection for which a person was entitled to a jury
trial in the jurisdiction in which the case was tried, either the case was tried
by a jury, or the person knowingly and intelligently waived the right to have
the case tried by a jury, by guilty plea or otherwise.
c. A person shall not be considered to have been convicted of
such an offense for purposes of this section if the conviction has been
expunged or set aside, or is an offense for which the person has been pardoned
or has had civil rights restored (if the law of the applicable jurisdiction
provides for the loss of civil rights under such an offense) unless the pardon,
expungement, or restoration of civil rights expressly provides that the person
may not ship, transport, possess, or receive firearms.
(b) Unlawful
carrying of concealed firearms in the City by persons who are subject to a
restraining order or convicted of domestic violence. A person commits an
unlawful carrying of a concealed firearm when:
(1) The person is carrying a concealed firearm and such person:
a. Is subject to a court order that
was issued after a hearing of which such person received actual notice, and at
which such person had an opportunity to participate; and the order restrains
such person from harassing, stalking, or threatening an intimate partner of
such person or child of such intimate partner or person, or engaging in other
conduct that would place an intimate partner in reasonable fear of bodily
injury to the partner or child and either includes a finding that such person
represents a credible threat to the physical safety of such intimate partner or
child; or by its terms explicitly prohibits the use, attempted use, or
threatened use of physical force against such intimate partner or child that
would reasonably be expected to cause bodily injury; or
b. Has been convicted in any court
of a misdemeanor crime of domestic violence.
(2) And the person carrying the concealed firearm is in receipt
of a firearm which has been shipped or transported in interstate or foreign
commerce.
(c) Violation.
A person violating this section shall be guilty of an ordinance violation.
___________________________________________________
Approved as to
form and legality:
_______________________________
Alan L. Holtkamp
Assistant City
Attorney