Cape City Council gives initial approval to updated weapons ordinance

The Cape Girardeau City Council gave initial approval Monday night to a measure that will bring the city's weapons ordinance in line with new state gun laws.

A Senate bill proposed in this year's legislative session allows open carry across the state for those with valid permits. Nixon vetoed the bill, but the General Assembly mounted a successful veto override in September, and new gun laws took effect across the state in October.

Cape Girardeau's existing weapons ordinance prohibits openly carrying a firearm readily capable of lethal use, regardless of whether the individual possesses a concealed-weapons permit. City attorney Eric Cunningham explained at the city council meeting that cities were authorized to have ordinances banning open carry by virtue of state statute, but the passage of Senate Bill 656 created new restrictions.

"All this ordinance is doing is adding provisions required by Senate Bill 656," he said.

The amended ordinance includes provisions such as:

• Prohibition on possessing a firearm while knowingly in possession of a controlled substance sufficient for a felony violation;
• Permitting any person with a valid concealed-carry permit to carry a firearm openly that's readily capable of lethal use; and
• Assuring nothing in the section is construed to preclude the use of a firearm in defense of person or property, subject to provisions of Missouri revised statutes, chapter 563.

Other provisions require any person openly carrying a firearm to display his or her concealed-carry permit on demand of a law enforcement officer and prohibit law enforcement officials from disarming or restraining a person carrying a concealed or unconcealed firearm without "reasonable and articulable suspicion of criminal activity."

Other parts of the ordinance, including the section that prohibits concealed carrying of knives and other weapons readily available for lethal use, remain the same. Cunningham said the goal was to "leave our ordinance as close to the way it was before the change."

Councilman Wayne Bowen asked Cunningham how the ordinance might affect churches and businesses that do not wish to allow firearms on their premises. Cunningham said the city and the state prohibit carrying firearms into churches. For those who openly carry a weapon into a business that has a posted no firearms sign, Cunningham said the individual would first be asked to leave. Refusal to leave could lead to a fine of no more than $100, for a first offense.

Bowen said he was "happy to be in support" of the measure, knowing churches and businesses were afforded protections under the laws. The ordinance was approved unanimously, minus the vote of absent member Joseph Uzoaru.

Other business

The council also approved a resolution authorizing the city manager to execute an agreement with Republic Services, doing business as CWI of Missouri Inc., for solid waste services, including hauling solid waste from the city's transfer station and disposing of it in a Dexter, Missouri, landfill. The city's current agreement with IESI expires Dec. 15 and the proposed agreement with Republic Services would begin the same day.

The agreement negotiates fees for the services for the next five years and includes a 3 percent increase each year. After the fifth year, processing fees will be determined by the Consumer Price Index adjustment. The rate for the first year of the agreement is less than the current rate being paid by the city, which would allow for some savings toward a possible new multiuse solid waste station, an idea that's long been on the city's list of future capital improvements projects.

srinehart@semissourian.com

388-3641

Pertinent address:

401 Independence St., Cape Girardeau, Mo.