§ 17-55. Carrying weapons prohibited—Penalty for violation.

(a)

It shall be a violation of this section, punishable as hereinafter provided, for any person to carry any concealed firearm, into:

(1)

Any police, sheriff or highway patrol office or station without the consent of the chief law enforcement officer in charge of that office or station. Possession of a firearm in a vehicle on the premises of the office or station shall not be an offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises.

(2)

Within 25 feet of any polling place on any election day. Possession of a firearm in a vehicle on the premises of the polling place shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises.

(3)

The facility of any adult or juvenile detention or correctional institution, prison or jail. Possession of a firearm in a vehicle on the premises of any adult, juvenile detention or correctional institution, prison or jail shall not be an offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises.

(4)

Any courthouse solely occupied by the circuit, appellate or supreme court, or any courtrooms, administrative offices, libraries or other rooms of any such court whether or not such court solely occupies the building in question. This subdivision shall also include, but not be limited to, any juvenile, family, drug or other court offices, any room or office wherein any of the courts or offices listed in this subdivision are temporarily conducting any business within the jurisdiction of such courts or offices, and such other locations in such manner as may be specified by supreme court rule pursuant to subdivision (6) of this subsection. Nothing in this subdivision shall preclude those persons listed in subsection (b)(1) of section 17-54 while within their jurisdiction and on duty, those persons listed in subsections (b)(2) and (3) of section 17-54, or such other persons who serve in a law enforcement capacity for a court as may be specified by supreme court rule pursuant to subdivision (6) of this subsection from carrying a concealed firearm within any of the areas described in this subdivision. Possession of a firearm in a vehicle on the premises of any of the areas listed in this subdivision shall not be an offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises.

(5)

Any meeting of the board of aldermen, except that nothing in this subdivision shall preclude a member of the body holding a valid concealed carry permit or endorsement from carrying a concealed firearm at a meeting of the body which he or she is a member. Possession of a firearm in a vehicle on the premises shall not be an offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises.

(6)

Any building owned, leased or controlled by the city identified by signs stating that carrying firearms is prohibited and posted at the entrance to the building. This subsection shall not apply to any building used for public housing by private persons, highways or rest areas, firing ranges, and private dwellings owned, leased or controlled by the city. Persons violating this subsection may be denied entrance to the building, ordered to leave the building and, if employees of the city, be subjected to disciplinary measures for violation.

(7)

Any establishment licensed to dispense intoxicating liquor for consumption on the premises, which portion is primarily devoted to that purpose, without the consent of the owner or manager. The provisions of this subdivision shall not apply to the licensee of said establishment. The provisions of this subdivision shall not apply to any bona fide restaurant open to the general public having dining facilities for not less than 50 persons and that receives at least 51 percent of its gross annual income from the dining facilities by the sale of food. This subdivision does not prohibit the possession of a firearm in a vehicle on the premises of the establishment and shall not be an offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises. Nothing in this subdivision authorizes any individual who has been issued a concealed carry permit or endorsement to possess any firearm while intoxicated.

(8)

Any area of an airport to which access is controlled by the inspection of persons and property. Possession of a firearm in a vehicle on the premises of the airport shall not be an offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises.

(9)

Any place where the carrying of a firearm is prohibited by federal law.

(10)

Any higher education institution or elementary or secondary school facility without the consent of the governing body of the higher education institution or a school official or the district school board, unless the person with the concealed carry endorsement or permit is a teacher or administrator of an elementary or secondary school who has been designated by his or her school district as a school protection officer and is carrying a firearm in a school within that district, in which case no consent is required. Possession of a firearm in a vehicle on the premises of any higher education institution or elementary or secondary school facility shall not be an offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises.

(11)

Any portion of a building used as a child care facility without the consent of the manager. Nothing in this subdivision shall prevent the operator of a child care facility in a family home from owning or possessing a firearm or a driver's license or non-driver's license containing a concealed carry permit or endorsement.

(12)

Any riverboat gambling operation accessible by the public without the consent of the owner or manager pursuant to rules promulgated by the gaming commission. Possession of a firearm in a vehicle on the premises of a riverboat gambling operation shall not be an offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises.

(13)

Any gated area of an amusement park. Possession of a firearm in a vehicle on the premises of the amusement park shall not be an offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises.

(14)

Any church or other place of religious worship without the consent of the minister or person or persons representing the religious organization that exercises control over the place of religious worship. Possession of a firearm in a vehicle on the premises shall not be an offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises.

(15)

Any private property whose owner has posted the premises as being off-limits to concealed firearms by means of one or more signs displayed in a conspicuous place of a minimum size of 11 inches by 14 inches with the writing thereon in letters of not less than one inch. The owner, business or commercial lessee, manager of a private business enterprise, or any other organization, entity or person may prohibit persons holding a concealed carry permit or endorsement from carrying concealed firearms on the premises and may prohibit employees, not authorized by the employer, holding a concealed carry permit or endorsement from carrying concealed firearms on the property of the employer. If the building or the premises are open to the public, the employer of the business enterprise shall post signs on or about the premises if carrying a concealed firearm is prohibited. Possession of a firearm in a vehicle on the premises shall not be an offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises. An employer may prohibit employees or other persons holding a concealed carry permit or endorsement from carrying a concealed firearm in vehicles owned by the employer.

(16)

Any sports arena or stadium with a seating capacity of 5,000 or more. Possession of a firearm in a vehicle on the premises shall not be an offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises.

(17)

Any hospital accessible by the public. Possession of a firearm in a vehicle on the premises of a hospital shall not be an offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises.

(b)

Any person violating any of the provisions of subsection (a) of this section shall be punished as follows:

(1)

Carrying of a concealed firearm in a location specified in subdivisions (1)—(17) of subsection (a) of this section by any individual who holds a Missouri lifetime or extended concealed carry permit shall not be a criminal act but may be subject the person to denial to the premises or removal from the premises. If such person refuses to leave the premises and a peace officer is summoned, such person may be issued a citation for an amount not to exceed $100.00 for the first offense. If a second citation for a similar violation occurs within a six-month period, such person shall be fined an amount not to exceed $200.00. If a third citation for a similar violation is issued within one year of the first citation, such person shall be fined an amount not to exceed $500.00 and shall have his or her Missouri lifetime or extended concealed carry permit revoked and such person shall not be eligible for a Missouri lifetime or extended concealed carry permit or a concealed carry permit issued under RSMo 571.101 to 571.121 for a period of three years. Upon conviction of charges arising from a citation issued under this subsection, the court shall notify the sheriff of the county which issued the Missouri lifetime or extended concealed carry permit. The sheriff shall suspend or revoke the Missouri lifetime or extended concealed carry permit.

(2)

If the violator does not hold a current valid concealed carry endorsement issued pursuant to state law, upon conviction of a charge of violating this section the defendant shall be punished as provided in section 1-6 of this Code.

(3)

Employees of the city may, in addition to any other punishment herein, be subject to disciplinary action for violating any of the provisions of sections 17-54 or 17-55.

(c)

Nothing in this subsection shall preclude those persons listed in subsection (b)(1) of section 17-54, while within their jurisdiction and on duty, from carrying a firearm within the areas described in this section.

(Ord. No. 17-03, § 1, 2-13-17)