IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
AN ORDINANCE repealing sections 5520., 5534. and 7046., Jackson County Code, 1984, and Schedule I to section 7046., relating to the carrying of concealed firearms, and enacting, in lieu thereof, three new sections and three new schedules, relating to the same subject, with a penalty provision and an effective date.
Intro
ORDINANCE 3423, October 6, 2003
INTRODUCED BY Dennis Waits, Henry C. Rizzo, Dan Tarwater, Scott Burnett,
Ronald E. Finley, Fred Arbanas, Bob Spence, Rhonda L. Shoemaker,
and Robert A. Stringfield, County Legislators
Body
WHEREAS, the General Assembly has enacted House Bill 349 (Law 2003), which has the effect of allowing persons to apply for and obtain permits to carry concealed firearms; and,
WHEREAS, the enactment of H.B. 349, has made it necessary that certain provisions of the Jackson County Code relating to weapons and weapons offenses be amended in order to comply with state law; and,
WHEREAS, the adoption of these amendments is in the best interests of the health, welfare, and safety of the citizens of Jackson County; now therefore,
BE IT ORDAINED by the County Legislature of Jackson County, Missouri, as follows:
Section A. Enacting Clause.
Sections 5520., 5534., and 7046., Jackson County Code, 1984, and Schedule I to section 7046., are hereby repealed, and three new sections and three new schedules enacted in lieu thereof, to be known as sections 5520., 5534., and 7046., and Schedules I, II, and III, to read as follows:
5520. Penalty, Violation of Petty Offense Code.
Any person who violates the provisions of § 5534.4 of this chapter shall on conviction be punished pursuant to § 571.094.21, RSMo. Any person who violates any of the remaining provisions of this chapter shall on conviction be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail for a term not exceeding one (1) year, or by both.
5534. Weapons Offenses.
For the purposes of this chapter, the following terms shall be defined as follows:
a. Blackjack/Martial Arts Instrument.
Any instrument that is designed or adapted for the purpose of stunning or inflicting physical injury by striking a person, and which is readily capable of lethal use, i.e. numchucks, throwing stars, slapper, blackjack, etc.
b. Firearm.
Any weapon that is designed or adapted to expel a projectile by the action of an explosive.
c. Gas Gun.
Any gas ejection device, weapon, cartridge, container, or contrivance, other than a gas bomb, that is designed or adapted for the purpose of ejecting any poison gas that will cause death or serious physical injury, but not any device that ejects a repellant or temporary incapacitating substance.
d. Knife.
Any dagger, dirk, stiletto, or bladed hand instrument that is readily capable of inflicting serious physical injury or death by cutting or stabbing a person. For purposes of this chapter, "knife" does not include any ordinary pocket knife with a blade less than four inches in length.
e. Knuckles.
Any instrument that consists of finger ring(s) or guard(s) made of a hard substance that is designed, adapted, or used for the purpose of inflicting serious physical injury or death by striking a person with a fist enclosed in the knuckles.
f. Projectile Weapon.
Any bow, crossbow, pellet gun, slingshot, or other weapon that is not a firearm, which is capable of expelling a projectile that could inflict serious physical injury or death by striking or piercing a person.
g. Switchblade/Butterfly Knife.
Any knife which has a blade that folds or closes into the handle or sheath, and which:
(1) Opens automatically by pressure applied to a button or other device located on the handle; or
(2) Opens or releases from the handle or sheath by the force of gravity or by the application of centrifugal force.
5534.1 Carrying a Concealed Weapons.
No person shall carry concealed upon or about his person any firearm, blackjack, martial arts instrument, knuckles, knife, projectile weapon, gas gun, switchblade, or butterfly knife, or any other weapon readily capable of lethal use. This subsection shall not apply to any person who has a valid concealed carry endorsement issued pursuant to § 571.094, RSMo, or a valid permit or endorsement to carry concealed firearms issued by another state or political subdivision of another state, with regard to the carrying of the type of firearm specified in the endorsement or permit.
5534.2 Unlawful Use of Weapons.
No person shall:
a. Possess or discharge a firearm or projectile weapon while intoxicated; or
b. Discharge a firearm or projectile weapon in a careless or reckless manner, or in a densely populated area.
5534.3 Weapons on [Public] County Property.
No person shall carry any firearm, blackjack, martial arts instrument, knuckles, knife, projectile weapon, gas gun, switchblade or butterfly knife, or any other weapon readily capable of lethal use onto any property belonging to or leased by the county. This subsection shall not apply to any person who has a valid concealed carry endorsement issued pursuant to § 571.094, RSMo, or a valid permit or endorsement to carry concealed firearms issued by another state or political subdivision of another state, with regard to the carrying of the type of firearm specified in the endorsement or permit.
5534.4 Firearms in County Buildings.
a. No person who has been issued a concealed carry endorsement by the Missouri director of revenue under § 571.094, RSMo, or 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 county.
b. Signs shall be posted at each entrance of a building entirely owned, leased or controlled by the county stating that carrying of firearms is prohibited. Where the county 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 subsection 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 county.
d. Any person violating this subsection may be denied entrance to the building or ordered to leave the building. Any person violating this subsection who refuses to leave a county building after being ordered to do so may be punished pursuant to § 571.094.21, RSMo. Any county employee violating this subsection may be disciplined in accordance with the county's personnel rules.
e. No person who has been issued a certificate of qualification which allows the person to carry a concealed firearm before the director of revenue begins issuing concealed carry endorsements in July 2004, 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 county.
5534.[4] 5 Law Enforcement Officers - Exception.
Nothing in this section shall apply to any legally qualified United States, state, county or municipal law enforcement officer, as defined by § 571.030, RSMo, so as to prevent such officer from carrying or wearing these weapons as may be necessary in the proper discharge of his duties.
7046. Fees.
The sheriff shall cause to be collected fees for services as are set out in Schedules I, II, and III to this chapter. [Fees for concealable weapons permits shall be collected and deposited in the county treasury for the credit of the general fund. Fees for all other services set out on Schedule I shall be collected and deposited in the county treasury for the credit of the Sheriff's training fund.] Fees for the services set out in Schedule I shall be collected and deposited in the county treasury to the credit of the sheriff's training fund. Fees for the services set out in Schedule II shall be collected and deposited in the county treasury to the credit of the general fund. Fees for the services set out in Schedule III shall be collected and deposited in the county treasury to the credit of the sheriff's revolving fund.
SCHEDULE_I
Service Fee
[Concealable Firearm Permit [$10.00]
(§571.090, RSMo)]
Official Report Copy $5.00 per copy
Computer Inquiry/Records Check $3.00 per inquiry
Fingerprinting $5.00 per card
Identification Photograph $5.00 per photograph
SCHEDULE II
Service Fee
Concealable Firearm Transfer Permit $10.00
(§ 571.090, RSMo)
SCHEDULE III
Service Fee
Concealable Firearm Carry Permit New $100.00
(§ 571.094, RSMo) Renewal $50.00
Section B. Penalty Provision.
Any violation of any provision of this Ordinance is punishable pursuant to section 5520., Jackson County Code, 1984.
Section C. Effective Date.
This Ordinance shall be in full force and effect from and after the date of its passage and approval in accordance with article II, section 12 of the Constitutional Home Rule Charter of Jackson County, or on October 11, 2003, whichever occurs later.
Enacted and Approved
Effective Date: This Ordinance shall be effective immediately upon its signature by the County Executive.
APPROVED AS TO FORM:
_________________________ _______________________________
Acting County Counselor
I hereby certify that the attached Ordinance, Ordinance # 3423 introduced on October 6, 2003 was duly passed on ______October 6______________, 2003 by the Jackson County Legislature. In the votes thereon were as follows:
Yeas ______8_________ Nays _______0________
Abstaining _____0______ Absents _____1_______
This Ordinance is hereby transmitted to the County Executive for her signature.
____________________ ________________________________
Date Mary Jo Spino, Clerk of Legislature
I hereby approve the attached Ordinance # 3423.
_________________ _________________________________
Date Katheryn J. Shields, County Executive