Chesterfield Bans Gunfire In 6-2 Vote

Chesterfield City Council voted 6-2 Monday night in favor of a tighter weapons ban after two hours of testimony from the public both for and against the measure.

Councilmen Bob Nation and Barry Flachsbart voted against the heightened ban, saying it restricted rights provided by the Missouri Constitution.

Chesterfield's Mayor Bruce Geiger said the modification of the existing weapons ban was really "a public safety issue."

City Attorney Robert Heggie said the city felt "confident" about its new ordinance, since

"It's a common sense approach," Heggie said.

Before the vote, Geiger and Police Chief Ray Johnson showed a piece of wood and a bulletproof vest they shot earlier with guns and darts, to apparently show the dangers, and need for an ordinance that would ban shooting small animals in subdivision yards.

The demonstration showed pellets shot from an air gun passed through the wood from front to back, at 30 feet, 40 feet and 50 feet, Geiger said. At 60 feet, the pellet penetrated the wood about three-quarters of the way, Geiger said.

The pair showed darts fired into a bulletproof vest, and the darts stuck out the other side. Aluminum cans shot with pellets and other ammo tore holes through the cans the mayor held up.

City Hall was standing room only with people who wanted to speak both for and against the ordinance change.

Councilman Flachsbart proposed a change to the amendment prior to the vote, with wording he said would not trample Constitutional rights.

Flachsbart called for allowing individuals to fire the weapons on small animals if there was damage to the property within six months prior, and if there was "imminent danger," he said.

His request was defeated 6-2, with Flachsbart and Councilman Nation in support of modifying the measure that ultimately passed.

Councilwoman Connie Fults took Flachsbart to task for not providing a copy of his proposed change in writing, earlier, and other matters.

The ame about when former City Councilman Gene Schenberg fired darts and pellets to keep squirrels from damaging his house, he said. He lives in Greenfield Village.

After Monday's vote to outlaw shooting small animals in suburban yards, Schenberg said he would like to work to "invalidate" the new ban.

Schenberg said he saw the city's action as a knee-jerk reaction to fear. "It's not right," he said.

Schenberg's immediate neighbor, the Stein family, testified there is a neighborhood petition against Schenberg's use of the weapons in his yard, which only three residents didn't sign. Stein said he found two dozen darts in his yard that he said were shot by Schenberg.

Schenberg said the darts were from five years ago, and that he stopped using them when Stein complained. Later, Stein left Schenberg a message on his phone complaining about use of a pellet gun, according to Schenberg. Schenberg said he emailed Stein back about the issue.

Neighbor Becky Stein, nearly in tears while speaking in the council meeting, begged the council to pass the ban on pellet guns. She said she feared for her 2-year-old grandson using the back yard.

But another neighbor testified "you can't legislate against stupidity" so that there was no need for the ordinance. He said if people are fearful, they should call 9-1-1 for help. He set a stuffed squirrel on the podium while he spoke.

Schenberg took the podium to describe the pellet shots demonstration by the mayor and police chief as "a dog and pony show."

"How could anybody argue with that?" Schenberg asked rhetorically.

Schenberg also took Councilman Matt Segal to task for claiming the ban on shooting pellet guns was not "personal." He said he saw emails from Segal to residents, that appeared "personal" to him.

Last meeting, Segal said the fact that he beat Schenberg in the last election had nothing to do with his support of this ordinance that may or may not have started with Schenberg's actions.

Fults told Schenberg the weapons law changes were "not about you." Fults offered Schenberg more than the typical three minutes to talk before council. He said he had photos that showed things were inaccurately portrayed about him and the shooting.

Schenberg said the new ordinances break the law, but that he wasn't a lawyer.

Fults said he was taken into court, and because he responded that he had a right to shoot: "That's why we're here."

Another speaker from the public, said he sees more injuries from softballs than pellet guns in the emergency room.