Legal Question in Criminal Law in Missouri

is it illegal to carry a wooden katana?


Asked on 7/23/15, 1:40 pm

1 Answer from Attorneys

Richard Simons http://speedingticketkc.com/

As long as the weapon is not concealed and you are not brandishing it on someone illegally, it seems perfectly fine. Missouri statutes have a list of weapons you cannot carry, a switchblade being one of them. A wooden Katana is really nothing more than a large wooden stick(with all due respect to those who make those items), therefore is almost not even a knife. Below I have copied and pasted the list of weapons one cannot carry in Missouri. This list is not exhaustive and does not cover federal law.

. A person commits a crime if such person knowingly possesses, manufactures, transports, repairs, or sells:

(1) An explosive weapon;

(2) An explosive, incendiary or poison substance or material with the purpose to possess, manufacture or sell an explosive weapon;

(3) A gas gun;

(4) A bullet or projectile which explodes or detonates upon impact because of an independent explosive charge after having been shot from a firearm; or

(5) Knuckles; or

(6) Any of the following in violation of federal law:

(a) A machine gun;

(b) A short-barreled rifle or shotgun;

(c) A firearm silencer; or

(d) A switchblade knife.

2. A person does not commit a crime pursuant to this section if his conduct involved any of the items in subdivisions (1) to (5) of subsection 1, the item was possessed in conformity with any applicable federal law, and the conduct:

(1) Was incident to the performance of official duty by the Armed Forces, National Guard, a governmental law enforcement agency, or a penal institution; or

(2) Was incident to engaging in a lawful commercial or business transaction with an organization enumerated in subdivision (1) of this section; or

(3) Was incident to using an explosive weapon in a manner reasonably related to a lawful industrial or commercial enterprise; or

(4) Was incident to displaying the weapon in a public museum or exhibition; or

(5) Was incident to using the weapon in a manner reasonably related to a lawful dramatic performance.

3. A crime pursuant to subdivision (1), (2), (3) or (6) of subsection 1 of this section is a class C felony; a crime pursuant to subdivision (4) or (5) of subsection 1 of this section is a class A misdemeanor.

(L. 1981 H.B. 296, A.L. 2002 S.B. 712, A.L. 2008 H.B. 2034, A.L. 2011 H.B. 294, et al., A.L. 2012 H.B. 1647 merged with S.B. 489 & 637)

Effective 7-10-12 (S.B. 489 & 637)

8-28-12 (H.B. 1647)

CROSS REFERENCE:

Illegal fireworks, possession, sale, manufacture or transportation of, penalty, 320.136

http://www.speedingticketkc.com/

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Answered on 3/17/16, 12:39 pm


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