Section 14.121 Weapons Offenses

• Library: Criminal Practice 2012 Supp

6. (§14.121) Weapons Offenses

Weapons offenses are contained in Chapter 571, RSMo, and most are classified as “unlawful use of a weapon.” Section 571.030, RSMo Supp. 2004. That statute prohibits the discharge or exhibiting of weapons at various places and times and in various manners. Section 571.030.1 prohibits knowingly carrying a knife, firearm, blackjack, or other weapon readily capable of lethal use concealed on or about the defendant’s person.

The size of the firearm or knife may be a defense. A concealable firearm is one with a barrel less than 16 inches in length from the face of the bolt or standing breech. Section 571.010(3), RSMo 2000. An ordinary pocket knife with no blade longer than 4 inches is also exempt. Section 571.010(10). But this exemption only applies to “pocket kni[ves].” State v. Weir, 752 S.W.2d 461 (Mo. App. W.D. 1988); State v. Chowning, 866 S.W.2d 165 (Mo. App. S.D. 1993). A rifle longer than 16 inches or a different type of knife, however, may give rise to a concealed weapons charge. A scratch awl (a tool) is not a weapon readily capable of lethal use. State v. Luker, 873 S.W.2d 316 (Mo. App. S.D. 1994).

Section 571.030.3 has been amended to allow the transport of concealed firearms in the passenger compartments of motor vehicles. Sections 571.101–571.121, RSMo Supp. 2004, allow the carrying of concealed firearms with a license if the weapon is otherwise...