I need help in understanding a local ordinance for the City of Cape Girardeau MO.
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Thread: I need help in understanding a local ordinance for the City of Cape Girardeau MO.

  1. I need help in understanding a local ordinance for the City of Cape Girardeau MO.

    I need help in understanding a local ordinance for the City of Cape Girardeau MO.

    here is the ordinance:

    Sec. 17-98. Unlawful possession or use of weapons.
    (a) A person commits the offense of unlawful possession or use of weapons if he knowingly:
    (1) Carries, concealed upon or about his person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use; or
    (2) Possesses or discharges a firearm or projectile weapon while intoxicated; or
    (3) Discharges a firearm or projectile weapon; 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 school, 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 into any public assemblage of persons met for any lawful purpose; or
    (5) Openly carries a firearm readily capable of lethal use.

    (b) Subsections (a)(1), (3), (4) and (5) of this section shall not apply to or affect any of the following:
    (1) All state, county and municipal law enforcement officers possessing the duty and power of arrest for violations of the general criminal laws of the state or for violations of ordinances of counties or municipalities of the state, 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;
    (5) Any persons whose bona fide duty is to execute process, civil or criminal.

    (c) Subsections (a)(1), (2), (4) and (5) 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. Subsection (a)(1) of this section does not apply when the actor is in his dwelling unit or upon business premises over which the actor has possession, authority or control, or is traveling in a continuous journey peaceably through this state. Subsection (a)(3) of this section does not apply when the actor discharges a firearm or projectile weapon in a safe manner at a suitable firearm, air gun or archery range. Subsection (a)(3) of this section does not apply when the actor is in his dwelling unit or upon business premises over which the actor has possession and reasonably discharges a firearm or projectile weapon in defense of himself, a third person or property. Subsection (a)(5) of this section does not apply when the actor openly carries a firearm readily capable of lethal use at a suitable firearm range.
    (d) Subsections (a)(1) and (4) of this section shall not apply to any person possessing a valid authorization to carry concealed weapons under Section 571.094 of the Revised Statutes of Missouri, to the extent that statute prohibits the enforcement of those subsections, and subject to the location limitations, and other limitations contained in that statute.
    (Code 1967, 18-61; Ord. No. 1028, art. 1, 6-17-91; Ord. No. 3240, art. 1, 10-20-03)
    State law references: Possession, use, etc., of weapons, RSMo, 571.020 et seq.


    My question is: does subsection (A)(5) mean someone can open carry a firearm if there is not a live round in the camber? Or does the firearm have to be totally empty with no ammo. For example magazine in back pocket and not in the gun? I believe that is the way they open carry in Comufornia (no round in chamber).

    There is a gun show next weekend in the city (Arena Building) and I want to make sure I'm legal about carrying both open and concealed.
    I can see me doing both at times for example checking to see if a holster fits my gun or not. It may not be a big deal at the gunshow, but I am also curious about open carry at other times besides a gun show.

    Thanks Woody,

  2.   
  3. #2
    Quote Originally Posted by woodyga View Post
    I need help in understanding a local ordinance for the City of Cape Girardeau MO.

    here is the ordinance:

    Sec. 17-98. Unlawful possession or use of weapons.
    (a) A person commits the offense of unlawful possession or use of weapons if he knowingly:
    (1) Carries, concealed upon or about his person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use; or
    (2) Possesses or discharges a firearm or projectile weapon while intoxicated; or
    (3) Discharges a firearm or projectile weapon; 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 school, 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 into any public assemblage of persons met for any lawful purpose; or
    (5) Openly carries a firearm readily capable of lethal use.

    (b) Subsections (a)(1), (3), (4) and (5) of this section shall not apply to or affect any of the following:
    (1) All state, county and municipal law enforcement officers possessing the duty and power of arrest for violations of the general criminal laws of the state or for violations of ordinances of counties or municipalities of the state, 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;
    (5) Any persons whose bona fide duty is to execute process, civil or criminal.

    (c) Subsections (a)(1), (2), (4) and (5) 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. Subsection (a)(1) of this section does not apply when the actor is in his dwelling unit or upon business premises over which the actor has possession, authority or control, or is traveling in a continuous journey peaceably through this state. Subsection (a)(3) of this section does not apply when the actor discharges a firearm or projectile weapon in a safe manner at a suitable firearm, air gun or archery range. Subsection (a)(3) of this section does not apply when the actor is in his dwelling unit or upon business premises over which the actor has possession and reasonably discharges a firearm or projectile weapon in defense of himself, a third person or property. Subsection (a)(5) of this section does not apply when the actor openly carries a firearm readily capable of lethal use at a suitable firearm range.
    (d) Subsections (a)(1) and (4) of this section shall not apply to any person possessing a valid authorization to carry concealed weapons under Section 571.094 of the Revised Statutes of Missouri, to the extent that statute prohibits the enforcement of those subsections, and subject to the location limitations, and other limitations contained in that statute.
    (Code 1967, 18-61; Ord. No. 1028, art. 1, 6-17-91; Ord. No. 3240, art. 1, 10-20-03)
    State law references: Possession, use, etc., of weapons, RSMo, 571.020 et seq.


    My question is: does subsection (A)(5) mean someone can open carry a firearm if there is not a live round in the camber? Or does the firearm have to be totally empty with no ammo. For example magazine in back pocket and not in the gun? I believe that is the way they open carry in Comufornia (no round in chamber).

    There is a gun show next weekend in the city (Arena Building) and I want to make sure I'm legal about carrying both open and concealed.
    I can see me doing both at times for example checking to see if a holster fits my gun or not. It may not be a big deal at the gunshow, but I am also curious about open carry at other times besides a gun show.

    Thanks Woody,
    I am not an attorney nor do I pretend to understand all the laws but the way it reads to me is concealed carry is allowed if you have a valid ccw. And NO open carry is permitted unless it is unloaded and ammo is not readily available. I would think no ammo at all.

    Best bet is contact the local police and ask them.

    I have been wrong before...lol

    My $.02

    knighted4

  4. #3

    Be Very Careful

    Every Show I have ever been to in the K.C. area is NO CCW AT ALL. They blame it on insurance and building code stuff.

    Anyway all guns are checked at the door and must be disabled someway. ( IF THEY SEE THEM)

    Also if the city owns the building they may/probable have a no guns in city buildings.

    All city's around KC and Jackson county that i know of are no CCW in the buildings.

    When we first got CCW Jackson county tried to say no CCW in the parks. 22,000 acres. They lost that
    but you can't carry in there buildings.

  5. Quote Originally Posted by woodyga View Post
    I need help in understanding a local ordinance for the City of Cape Girardeau MO.

    here is the ordinance:

    Sec. 17-98. Unlawful possession or use of weapons.
    (a) A person commits the offense of unlawful possession or use of weapons if he knowingly:
    (1) Carries, concealed upon or about his person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use; or
    (2) Possesses or discharges a firearm or projectile weapon while intoxicated; or
    (3) Discharges a firearm or projectile weapon; 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 school, 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 into any public assemblage of persons met for any lawful purpose; or
    (5) Openly carries a firearm readily capable of lethal use.

    (b) Subsections (a)(1), (3), (4) and (5) of this section shall not apply to or affect any of the following:
    (1) All state, county and municipal law enforcement officers possessing the duty and power of arrest for violations of the general criminal laws of the state or for violations of ordinances of counties or municipalities of the state, 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;
    (5) Any persons whose bona fide duty is to execute process, civil or criminal.

    (c) Subsections (a)(1), (2), (4) and (5) 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.

    My question is: does subsection (A)(5) mean someone can open carry a firearm if there is not a live round in the camber? Or does the firearm have to be totally empty with no ammo. For example magazine in back pocket and not in the gun? I believe that is the way they open carry in Comufornia (no round in chamber).

    Thanks Woody,
    Sorry bud, but it clearly states "when ammunition is not readily accessible". Means, firearm is totally empty, no live round in chamber, no loaded clip in gun and no loaded clip or ammo on person at all. Magazine in back pocket would be considered accessible.
    California carry law allows for ammunition on the person, Your city law does not.
    Last edited by turbodog; 07-24-2009 at 08:01 PM. Reason: clarification

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