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Thread: springfield OC

  1. #1
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    springfield OC

    I am a new member to this forum and look foward to learn much wanted knowledge and hooe to contribute as possible.

    I have been trying to find info on OC laws/restrictions within springfield. I startes looking through codes via the soringfield website and all i seem to come across speaks about CCW.

    I find things on the internet stateing springfield is OC friendly but i cant find any City written documentation regarding its legal basis within springfield. If reasonable i will carry it around with me at all times incase of any hiccups with peace officers or other city residents.


    Thank you for your time and help!

    I also have only lived here just under 2 years and am originally from illinois which is NOT carry friendly obviously. This is why i wish to review the OC laws and memorize them. I have already taken my CCW course but wish to learn more on IC

  2. #2
    Regular Member mspgunner's Avatar
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    While I'm not familiar with springfield's codes OC does not have to be "permited", if it is not prohibited it is legal in Missouri except where prohibited by local laws.

    Quote Originally Posted by hazardous0388 View Post
    I am a new member to this forum and look foward to learn much wanted knowledge and hooe to contribute as possible.

    I have been trying to find info on OC laws/restrictions within springfield. I startes looking through codes via the soringfield website and all i seem to come across speaks about CCW.

    I find things on the internet stateing springfield is OC friendly but i cant find any City written documentation regarding its legal basis within springfield. If reasonable i will carry it around with me at all times incase of any hiccups with peace officers or other city residents.


    Thank you for your time and help!

    I also have only lived here just under 2 years and am originally from illinois which is NOT carry friendly obviously. This is why i wish to review the OC laws and memorize them. I have already taken my CCW course but wish to learn more on IC
    If you pull it, you use it. If you pull it and you don't use it, you've done some thing wrong and you might not get another chance. Think about it before you pack it!
    I worked 24/7 for 2A OC rights! Don't like what I did? Try it yourself, it was my full time job!
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  3. #3
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    http://Library.municode.com/mobile/d...98%26docID%3d0


    Sec. 78.258 subdivision 4. *unlawful use of weapon*

    That is the only thing i can find in regards to non-ccw'ing. Just states not being able to carry at polling places, schools etc. But then it later incerpts (sp) about having ccw makes that same subdivision a non-crime just removal from premises.

  4. #4
    Regular Member Redbaron007's Avatar
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    Quote Originally Posted by hazardous0388 View Post
    http://Library.municode.com/mobile/d...98%26docID%3d0


    Sec. 78.258 subdivision 4. *unlawful use of weapon*

    That is the only thing i can find in regards to non-ccw'ing. Just states not being able to carry at polling places, schools etc. But then it later incerpts (sp) about having ccw makes that same subdivision a non-crime just removal from premises.

    It is unlawful to fire a weapon, springgun etc within the city limits. OC is ok in the city. Most of the officers I am familiar with understand the law pretty well; however, there are some who don't. The only real problem I had was with WM on S Campbell & PriceCutter at Kansas & Republic Rd; however, Pricecutter has since told me they are OC friendly, it was an employee speaking out of error. WM in the last year has not given me any issues, some looks, but nothing serious.

    One thing to remember, if they (business) ask you to leave, leave!

    Here are some quick areas in the municode for some leisure reading:

    Section 78-251 is full of stuff.

    Parks: Sec 82-1

    Just to name a few concerns.

    State law supersedes city code on CCW.
    Last edited by Redbaron007; 04-20-2012 at 12:28 PM. Reason: fat fingers
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  5. #5
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    I usually spend 40 hrs/ week at that WM you speak of. I have seen people OC there without being asked to leaves. As with anything else it depends on customers and the manager at the time i believe.

    And thanks for the readings!
    Last edited by hazardous0388; 04-20-2012 at 01:37 PM.

  6. #6
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    I dont understand what your pointing out on the 78-251.

    This is what i found:

    Sec. 78-251. - Abandonment of refrigerator or other airtight container in place accessible to children.
    Last edited by hazardous0388; 04-20-2012 at 12:54 PM.

  7. #7
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    Section 78-258 (b) (11)


    is there anyway anyone can clear this up for me please?

    ================================================== ========
    (a)

    A person commits the crime of unlawful use of weapons if he knowingly:

    (1)

    Possesses or discharges a firearm or projectile weapon while intoxicated; or

    (2)

    Discharges a firearm within 100 yards of any occupied school house, courthouse, or church building; or

    (3)

    Discharges or shoots a firearm at a mark, at any object, or at random, on, along or across a public highway or discharges or shoots a firearm into any outbuilding; 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.

    (b)

    Subdivisions (2), (3), and (4) of subsection (a) of this section shall not apply to or affect any of the following:

    (1)

    All state, county and municipal peace officers possessing the duty and power of arrest for violation of the general criminal laws of the state or for violation of ordinances of counties or municipalities of the state, whether such officers are within or outside their jurisdictions or on or off duty, 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 and those persons vested by article III of the Constitution of the United States with the judicial power of the United States, the members of the federal judiciary;

    (5)

    Any person whose bona fide duty is to execute process, civil or criminal;

    (6)

    Any federal probation officer;

    (7)

    Any state probation or parole officer, including supervisors and members of the board of probation and parole;

    (8)

    Any corporate security advisor meeting the definition and fulfilling the requirements of the regulations established by the board of police commissioners under RSMo 84.340;

    (9)

    Any coroner, deputy coroner, medical examiner, or assistant medical examiner;

    (10)

    Any person engaged in conduct permitted under Section 571.030, RSMo, as amended by HB 349, effective October 11, 2003; and

    (11)

    Any person possessing a firearm pursuant to a valid concealed carry endorsement issued in compliance with the provisions of Section 571.094 RSMo, as enacted by HB 349, effective October 11, 2003, or a certificate of qualification issued by a county or city sheriff as described in said law, in the event the concealed carry endorsement is not available to be issued as provided under said law; provided that the person is not engaged in conduct in violation of subsection (d) of this section, and is otherwise possessing the firearm and acting within the scope of conduct permitted by the concealed carry endorsement and the law.

    ================================================== =====

  8. #8
    Regular Member Redbaron007's Avatar
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    Quote Originally Posted by hazardous0388 View Post
    I dont understand what your pointing out on the 78-251.

    This is what i found:

    Sec. 78-251. - Abandonment of refrigerator or other airtight container in place accessible to children.
    My bad. It begins with 78-252.
    "I can live for two weeks on a good compliment."
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  9. #9
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    This is pretty much boilerplate municipal code in MO. Basically, it mirrors the RSMo, except for the clause below, which only mostly mirrors is. It looks like they're trying to say they only respect the Oct 11,2003 (original date) of the concealed carry law in Missouri. That's a little weird.

    In MO, everything but Open Carry and discharge are preempted by state law. So, it really doesn't matter what political subdivisions have on their law books related to concealed carry.

    State code does not make Open Carry illegal, so it's legal by definition. I don't see any other text that would make me believe that Springfield has banned Open Carry, and lots of people have carried there. I don't believe you'll have much of a problem. But, if you don't have a CCW, and you carry in the listed places, you're going to have issues.

    If you have a specific question, I'll be happy to try to answer it.

    Quote Originally Posted by hazardous0388 View Post
    Any person possessing a firearm pursuant to a valid concealed carry endorsement issued in compliance with the provisions of Section 571.094 RSMo, as enacted by HB 349, effective October 11, 2003, or a certificate of qualification issued by a county or city sheriff as described in said law, in the event the concealed carry endorsement is not available to be issued as provided under said law; provided that the person is not engaged in conduct in violation of subsection (d) of this section, and is otherwise possessing the firearm and acting within the scope of conduct permitted by the concealed carry endorsement and the law.

    ================================================== =====

  10. #10
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    If open carry was illegal in a city, what is the crime commited if you do so?

    Thanks for the help!!!

  11. #11
    Regular Member mspgunner's Avatar
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    Sales tax on firearm and ammunition is not preempted either. I have no problem with that, there are no "additional taxes" allowed, just the regular sales tax.

    Quote Originally Posted by kcgunfan View Post
    This is pretty much boilerplate municipal code in MO. Basically, it mirrors the RSMo, except for the clause below, which only mostly mirrors is. It looks like they're trying to say they only respect the Oct 11,2003 (original date) of the concealed carry law in Missouri. That's a little weird.

    In MO, everything but Open Carry and discharge are preempted by state law. So, it really doesn't matter what political subdivisions have on their law books related to concealed carry.

    State code does not make Open Carry illegal, so it's legal by definition. I don't see any other text that would make me believe that Springfield has banned Open Carry, and lots of people have carried there. I don't believe you'll have much of a problem. But, if you don't have a CCW, and you carry in the listed places, you're going to have issues.

    If you have a specific question, I'll be happy to try to answer it.
    If you pull it, you use it. If you pull it and you don't use it, you've done some thing wrong and you might not get another chance. Think about it before you pack it!
    I worked 24/7 for 2A OC rights! Don't like what I did? Try it yourself, it was my full time job!
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    Quote Originally Posted by mspgunner View Post
    Sales tax on firearm and ammunition is not preempted either. I have no problem with that, there are no "additional taxes" allowed, just the regular sales tax.
    OK, fine, split those hairs ;-) Isn't the sales tax issue being fixed this year with the omnibus bill?

  13. #13
    Regular Member mspgunner's Avatar
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    Quote Originally Posted by kcgunfan View Post
    OK, fine, split those hairs ;-) Isn't the sales tax issue being fixed this year with the omnibus bill?
    Just thought I'd throw it out since I'm presenting 2A rights to variuos entities. I couldn't care either but it lloks bad if I don't get it right.

    Yes, there are bigger fish to fry, I have the heat on high!
    If you pull it, you use it. If you pull it and you don't use it, you've done some thing wrong and you might not get another chance. Think about it before you pack it!
    I worked 24/7 for 2A OC rights! Don't like what I did? Try it yourself, it was my full time job!
    Certified NRA Range Safety Officer - RSO

  14. #14
    Regular Member Redbaron007's Avatar
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    Quote Originally Posted by hazardous0388 View Post
    If open carry was illegal in a city, what is the crime commited if you do so?

    Thanks for the help!!!
    Anything from a misdemeanor to a felony of some sort. Depends on how they have it worded. The consequences could also range from a poultry little fine to some jail time.

    It all depends on the state and municipality.
    "I can live for two weeks on a good compliment."
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