Incident on March 15, 2014 at West Park Mall in Cape Girardeau

Information from the Public Information Office at the Police Department

On Saturday March 15, 2014 at approximately 1:20 P.M. the Cape Girardeau Police Department was contacted by Security Officers at the Mall located at 3049 William Street in Cape Girardeau. Security advised that 4 subjects had entered the mall and some of them had firearms openly displayed. Police Officers responded and made contact with the subjects. Three of the four subjects had handguns openly displayed on their person. Officers took the three subjects into custody for violation of Cape Girardeau City’s Ordinance 17-98 Unlawful Possession of a Firearm by openly carrying a firearm readily capable of lethal use. No one was injured in this incident. The three subjects were booked and then released on Municipal Summonses to appear in court. They are identified as:

1. Shelia R. Waeltermann 4/4/1991 of Park Hills Mo
2. Fawn F. Chambers 7/5/1985 of Doniphan Mo.
3. Robert E. Chambers 9/21/1971 of Doniphan Mo.

Sec. 17-98. Unlawful possession or use of weapons.
(a)
A person commits the offense of unlawful possession or use of weapons if he knowingly:
(1)
Carries, concealed upon or about his person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use; or
(2)
Possesses or discharges a firearm or projectile weapon while intoxicated; or
(3)
Discharges a firearm or projectile weapon; or
(4)
Carries a firearm or any other weapon readily capable of lethal use into any church or place where people have assembled for worship, or into any school, or into any election precinct on any election day, or into any building owned or occupied by any agency of the federal government, state government, or political subdivision thereof, or into any public assemblage of persons met for any lawful purpose; or
(5)
Openly carries a firearm readily capable of lethal use.
(b)
Subsections (a)(1), (3), (4) and (5) of this section shall not apply to or affect any of the following:
(1)
All state, county and municipal law enforcement officers possessing the duty and power of arrest for violations of the general criminal laws of the state or for violations of ordinances of counties or municipalities of the state, or any person summoned by such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer;
(2)
Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime;
(3)
Members of the armed forces or national guard while performing their official duty;
(4)
Those persons vested by Article V, Section 1 of the Constitution of Missouri with the judicial power of the state;
(5)
Any persons whose bona fide duty is to execute process, civil or criminal.
(c)
Subsections (a)(1), (2), (4) and (5) of this section do not apply when the actor is transporting such weapons in a nonfunctioning state or in an unloaded state when ammunition is not readily accessible or when such weapons are not readily accessible. Subsection (a)(1) of this section does not apply when the actor is in his dwelling unit or upon business premises over which the actor has possession, authority or control, or is traveling in a continuous journey peaceably through this state. Subsection (a)(3) of this section does not apply when the actor discharges a firearm or projectile weapon in a safe manner at a suitable firearm, air gun or archery range. Subsection (a)(3) of this section does not apply when the actor is in his dwelling unit or upon business premises over which the actor has possession and reasonably discharges a firearm or projectile weapon in defense of himself, a third person or property. Subsection (a)(5) of this section does not apply when the actor openly carries a firearm readily capable of lethal use at a suitable firearm range.
(d)
Subsections (a)(1) and (4) of this section shall not apply to any person possessing a valid authorization to carry concealed weapons under RSMo § 571.094, to the extent that statute prohibits the enforcement of those subsections, and subject to the location limitations, and other limitations contained in that statute.