This law explains what counts as a 'weapon' and what can happen to weapons owned by gang members. A weapon includes guns, knives, blackjacks, explosive weapons, machine guns, switchblade knives, and similar items. If a gang member has a weapon and was using it for crimes, police can take it. If police think giving the weapon back would be dangerous or lead to more gang activity, they can ask a court to decide what to do with it. If the court agrees the weapon is a problem, it gets destroyed.
578.435. Weapon defined — weapons owned or in of gang members may be — weapon a and destroyed by , when. — 1. As used in this section and section 578.437, the "weapon" means any firearm, , , , , knife, , , , rifle, , shotgun, or , as defined in section 571.010.
2. Any weapon which is owned or by a member of a for the purposes of the enumerated in (2) of section 578.421 may be confiscated by any or as defined in section 590.100. If the law enforcement agency or peace officer believes that the of the weapon confiscated has been or be used in or that the return of the weapon would be likely to result in endangering the safety of others, the law enforcement agency or peace officer may initiate a in to determine if the weapon should be returned or declared a nuisance. If the court declares such weapon to be a nuisance, the weapon shall be destroyed.
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Source & history notes
(L. 1993 H.B. 562 § 5 subsecs. 1, 2)
Related Missouri laws
Weapon not to be declared a nuisance unless notice given to lawful owner, procedure
RSMo 578.437
Buildings, rooms and structures used for criminal street gangs' activities deemed public nuisances
RSMo 578.430
Labor union activities and other employee activities, exempt
RSMo 578.427
Felony committed to promote or assist criminal conduct by gang members, punishment in addition to regular sentences
RSMo 578.425
Participating knowingly in criminal street gang activities, penalty
RSMo 578.423
Citation of law
RSMo 578.421
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.