(a) No person shall knowingly carry or have, concealed on the person's person or concealed ready at hand, a deadly weapon or dangerous ordinance.
(b) (1) This section does not apply to any of the following:
A. An officer, agent or employee or this or any other state or the United States, or to a law enforcement officer, who is authorized to carry concealed weapons or dangerous ordnances and is acting within the scope of the officer's, agent's or employee's duties;
B. Any person who is employed in this State, who is authorized to carry concealed weapons or dangerous ordnances.
(c) It is an affirmative defense to a charge under subsection (a) of this section of carrying or having control of a weapon that the actor was not otherwise prohibited by law from having the weapon, and that any of the following applies:
(1) The weapon was carried or kept ready at hand by the actor for defensive purposes, while the actor was engaged in or was going to or from the actor's lawful business. or occupation, which business or occupation was of a character or was necessarily carried on in a manner or at a time or place as to render the actor particularly susceptible to criminal attack, such as would justify a prudent person in going armed.
(2) The weapon was carried or kept ready at hand by the actor for defensive purposes, while the actor was engaged in a lawful activity and had reasonable cause to fear a criminal attack upon the actor, a member of the actor's family, or the actor's home, such as would justify a prudent person in going armed.
(3) The weapon was carried or kept ready at hand by the actor for any lawful purpose and while in the actor's own home.
(d) Whoever violates this section is guilty of carrying concealed weapon. Except as otherwise provided in this subsection or subsections (f)(2), (5) and (6) of this section, carrying concealed weapons in violation of subsection (a) of this section is a misdemeanor of the first degree. Except as otherwise provided in this subsection or subsections (f)(2), (5) and (6) of this section, if the offender previously has been convicted of a violation of this section or of any offense of violence or if the weapon involved is a dangerous ordnance, carrying concealed weapons in violation of subsection (a) of this section is a felony and shall be prosecuted under appropriate state law.
(Ord. 57-2019. Passed 12-16-19.)