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.

This is a discussion on I need help in understanding a local ordinance for the City of Cape Girardeau MO. within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I have a question. I have posted this question in another forum so please dont flame me. here is the ordinance: Sec. 17-98. Unlawful possession ...

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  1. #1
    New Member Array woodyga's Avatar
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    I need help in understanding a local ordinance for the City of Cape Girardeau MO.

    I have a question. I have posted this question in another forum so please dont flame me.

    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 gun show, but I am also curious about open carry at other times besides a gun show.

    Thanks Woody,


  2. #2
    Senior Member Array 2edgesword's Avatar
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    I'm not a lawyer but in my opinion the meaning hinges on how you define "readily accessible". Ammo loaded in a magazine carried in your back pocket would be readily accessible in my opinion.

  3. #3
    VIP Member Array dukalmighty's Avatar
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    Quote Originally Posted by 2edgesword View Post
    I'm not a lawyer but in my opinion the meaning hinges on how you define "readily accessible". Ammo loaded in a magazine carried in your back pocket would be readily accessible in my opinion.
    I would say that having a gun + ammo would be readily accessible,it only takes a couple seconds to pop a round in a chamber and fire.you need to contact the District Attorney and get his opinion,he would be the prosecutor in any case
    "Outside of the killings, Washington has one of the lowest crime rates in the country,"
    --Mayor Marion Barry, Washington , DC .

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    VIP Member Array AZ Husker's Avatar
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    Isnt' that Rush Limbaugh's home town? Surely he wouldn't let good conservatives have their gun rights trampled?
    Treat me good, I'll treat you better. Treat me bad, I'll treat you worse.

  5. #5
    Ex Member Array F350's Avatar
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    AZ Husker-
    I lived there for 10 years; it is also a Liberal Arts State University town, over run with imported liberal @ holes who think they are OH SO SMART, even if they are working at a 2nd rate podunk school.

    What is prohibited is open carry of handguns. We (my residence is still Missouri just not Cape) have preemption for concealed carry so they can pound sand on that score; you just can’t carry in the open.

  6. #6
    VIP Member Array Eagleks's Avatar
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    It's rather typical verbiage to say, you cannot open carry and / or carry where you can easily load the weapon with ammo & be lethal.

    Best thing, call your local DA office (here that would be a waste) or ask the Police Dept. what their interpretation is. Remember you are getting their interpretation, which a court may or may not agree with, but they are the folks that would arrest you and charge you with it.

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