Doing some research on Springfield firearm laws and came across some
interesting tidbits in Sec. 78-258. - Unlawful use of weapons. (under
Article VI of the Springfield Code of Ordinances - http://library.municode.com/HTML/11598/level3/PTIICO_CH78OFMIPR_ARTVIOFAGPUHESA.html
). Wondering if some of you folks could weigh in.
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I. Firearms in Springfield libraries:
I was looking specifically to see what could and could not be
prohibited in the Springfield library buildings, so the first thing I
tried to decipher was that 1) firearms (and other 'weapons' as there
defined) could be prohibited in any buildings owned or operated by the
city, including, presumably, the library buildings BUT (b) says that
"this section shall not apply to or affect any of the following:" and
subhead #11 lists CCW permit holders (RsMO 571.094), which I am.
But then (d) says that persons authorized under (b)11 "shall not carry
a concealed firearm into any building owned, leased or controlled by
the city, where signs have been posted at each entrance of said
buildings clearly stating that carrying of concealed firearms is
prohibited."
OK, so they can post on a Springfield library that "concealed firearms
[are] prohibited."
WHAT ABOUT OPEN CARRY? If you follow this tortured logic through to
its conclusion, you find that the ordinance as a whole refers to
"weapons" and "carried or possessed" but the exclusion in (d) and (e)
specifically refer to "concealed firearms." So, by that, IF I HAVE A
CCW and am carrying a "weapon" which is either 1) not a firearm or 2)
not concealed (the Civil War revolver I often carry in a flap holster
counts legally as neither), then the library seems to have no
authority to bar them and... even if it did, the most they could do
(e) is ask you to take it outside--- it is explicitly not a crime even
to carry a concealed firearm (as a CCW holder) into such a building.
Now, the sign at Library Station says "Weapons are not permitted" and
does not match the wording in the ordinance, and I have not [yet]
wanted to have an argument with Security without at least all of my
ducks in a row.
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II. Pepper Spray In Springfield forbidden?
So that was the first thing I did not figure out. This is the second
in 78-257 where it prohibits the concealment "about the person" of
"deadly or incapacitating instruments":
"Dangerous and incapacitating instruments shall include butterfly
knives, knives with blades in excess of four (4) inches, clubs,
knuckles, throwing stars, tazers, EYE AND SKIN IRRITANT PROPELLANT,
nunchucks, or similar instruments. [EMPHASIS MINE]"
According to this, without a CCW, one may not conceal pepper spray or
mace in Springfield. This is a serious issue because, for instance, it
is not permitted to carry a firearm into buildings on MSU campus (but
on the grounds if otherwise complaint with the law), so an MSU student
(such as my wife) having to cross dangerous parts of campus in the
evening who may not carry a firearm (according to the state) may not
carry mace in the purse (according to the city). It is difficult to
*avoid* concealing mace just on account of the size of a canister.
Even carrying it in the hands at night is effectively "concealed".
So, for you folks there in Springfield, something to work on might be
1) clarify the ordinance as to the status of firearms in the
Springfield libraries and whether the current signage is lawful 2) is
it really to any benefit of the public to prohibit female students
from carrying mace at night?
Cathi offers that if you folks want to pick this issue up, she will
get out the word on MSU campus. It is likely that many female students
(and perhaps faculty) carry pepper spray in violation of this
ordinance specifically because of the issue with firearms.
Sincerely,
Eric Vought
"Faith does not absolve us from trying to understand our world and
make moral distinctions with the eyes and brain given us. Religion is
as much responsibility as direction: Duty not Distinction."
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