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Thread: Am i able to Open carry

  1. #1
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    Question Am i able to Open carry

    Hello OC,
    Im wondering if im able to open carry. Im 18 where can i open carry i know i cant open carry in a bank or federal building. But can i open carry in my car like if im driving to the gas station. Can i walk around mastdon park with it open carry?

    Thanks,
    Dgamache

  2. #2
    Regular Member cshoff's Avatar
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    Missouri weapons laws can be found here: http://www.moga.mo.gov/STATUTES/C571.HTM

    There are no state laws prohibiting open carry, though there are a number of places specified by statute where you MAY NOT carry any firearm (unless you have a valid CCW endorsement). Basically, as long as you are lawfully entitled to posses a given firearm, the state has no problems with you carrying it openly (again, unless you are in one of the places specified by statute as being off limits unless you have a valid CCW endorsement). Banks are NOT one of those places - in addition, Federal Buildings come under FEDERAL law, not state (and banks are also not federal buildings in most cases).

    In Missouri, local jurisdictions in CAN restrict/prohibit/regulate open carry via local ordinances, and some do. You will need to do your homework in the areas where you plan to carry before you dive in.

    You can exempt yourself from a lot of those local ordinances by having a valid CCW permit, so you might consider getting a non-resident permit from Maine. That would also provide you with an exemption to state laws (NOT FEDERAL) that prohibit possession of firearms in certain places.
    Last edited by cshoff; 05-01-2012 at 10:40 AM.

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    Also

    What about me being 18 can i still open carry a pistole ? just in general?

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    Regular Member cshoff's Avatar
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    Quote Originally Posted by Dgamache View Post
    What about me being 18 can i still open carry a pistole ? just in general?
    Sure, as long as you are legally entitled to possess it (not a felon, not habitually drunk or intoxicated, etc).

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    Not trying to discourage youth from OC, however, please take very specific note of these thoughts.

    1. When you OC, it is fairly likely you will be approached by law enforcement.
    2. Not all law enforcement know the laws, they may even be contracted to municipalities that have differing laws.
    3. During detainment, it is not court, telling the officer you know the laws, even quoting them may not be wise.
    4. Cops really hate being wrong aka proven wrong and this can escalate very quickly when you add youth, be huge polite in engagements.
    5. You need to understand the very real reality that you may very well go to jail on bad charges, do not resist, officers have a saying for it, "you might beat the wrap but you ain't gonna beat the ride" meaning you shall explain it to the judge.
    6. Knowing the law very well and keeping your mouth shut during any and all encounters is the best advice, you can use your knowledge of the law to assist your lawyer in your case if you are subject to false arrest.
    7. These things only apply in certain localities, others OC is no big deal to anyone.
    8. Because of the swift methods muni's can change laws, no list has merit and you will need to research any new area you go into prior to exposing yourself to a muni weapons violation.
    9. No law exist that states online muni records must be accurate or up to date, it is a catch 22, your lawyer must argue it, not you and the officer.
    10. Carry wisely and politely, you are an armed citizen, showing more respect than you get has a positive impact on public perceptions of persons choosing to open carry.

    Nothing wrong encouraging younger OC'ers, I am just tossing it out there as I absolutely believe it is far more likely for them to be engaged by law enforcement than it is us old guys. No factual statistics exist to support this thought, it is strictly an opinion.
    John C. Eastman Associate Dean of Chapman University’s School of Law "the Second Amendment, like its sister amendments, does not confer a right but rather recognizes a natural right inherent in our humanity."

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    Well I called ATF in st.louis and they said under no reason should a person under 21 own or carry a pistols so this is really discouraged me from even trying I do not want to be arrested for possession of a pistol and get a felony for it .

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    Regular Member cshoff's Avatar
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    Quote Originally Posted by Dgamache View Post
    Well I called ATF in st.louis and they said under no reason should a person under 21 own or carry a pistols so this is really discouraged me from even trying I do not want to be arrested for possession of a pistol and get a felony for it .
    Whomever you talked to there has absolutely no idea what they are talking about. It's been said here before, and I'll say it again, calling the ATF for information about gun laws makes about as much sense as calling Congress for advice on balancing your monthly budget. You are generally dealing with folks that are so far removed from the specifics of the actual law, that their opinion isn't worth the electrons it took to transmit your message.

    Here are the Federal statutes that regulate sales of handguns between private individuals as well as possession of handguns. I took the liberty to place in bold, some of the key words. As per 18 U.S.C. 922:

    (1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile:

    (A) a handgun;or

    (B) ammunition that is suitable for use only in a handgun.

    (2) It shall be unlawful for any person who is a juvenile to knowingly possess:

    (A) a handgun
    ;or

    (B) ammunition that is suitable for use only in a handgun.

    (3) This subsection does not apply to:

    (A) a temporary transfer of a handgun or ammunition to a juvenile or to thepossession or use of a handgun or ammunition by a juvenileif the handgun andammunition are possessed and used by the juvenile:

    (i) in the course of employment, in the course of ranching or farming related to activities at the residence of the juvenile (or on property used for ranching or farming at which the juvenile, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch), target practice, hunting, or a course of instruction in the safe and lawful use of a handgun;

    (ii) with the prior written consent of the juvenile's parent or guardian who is not prohibited by Federal, State, or local law from possessing a firearm, except:
    .
    .
    .
    (5) For purposes of this subsection, the term "juvenile" means a person who is less than 18 years of age.
    Now here are the Missouri statutes that regulate sales, gifts, loans, and rentals of firearms in this state:

    571.060. 1. A person commits the crime of unlawful transfer of weapons if he:

    (1) Knowingly sells, leases, loans, gives away or delivers a firearm or ammunition for a firearm to any person who, under the provisions of section 571.070, is not lawfully entitled to possess such;

    (2) Knowingly sells, leases, loans, gives away or delivers a blackjack to a person less than eighteen years old without the consent of the child's custodial parent or guardian, or recklessly, as defined in section 562.016, RSMo, sells, leases, loans, gives away or delivers any firearm to a person less than eighteen years old without the consent of the child's custodial parent or guardian; provided, that this does not prohibit the delivery of such weapons to any peace officer or member of the armed forces or national guard while performing his official duty; or

    (3) Recklessly, as defined in section 562.016, RSMo, sells, leases, loans, gives away or delivers a firearm or ammunition for a firearm to a person who is intoxicated.

    2. Unlawful transfer of weapons under subdivision (1) of subsection 1 of this section is a class D felony; unlawful transfer of weapons under subdivisions (2) and (3) of subsection 1 of this section is a class A misdemeanor.
    It is perfectly legal for an 18 year old in this state to purchase and possess a handgun, so long as they are lawfully entitled to be in possession of said gun (no felony convictions, is not intoxicated, etc). It's just that a you must be at least 21 to purchase from a Federal Firearms License holder.

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    Quote Originally Posted by Dgamache View Post
    Well I called ATF in st.louis and they said under no reason should a person under 21 own or carry a pistols so this is really discouraged me from even trying I do not want to be arrested for possession of a pistol and get a felony for it .
    Yes listen to hoff on that one...

    the ATF said "under no reason should a person under 21 own or carry a pistols"??? that is not the law and sounds like pure personal opinion.

    Do not ask any law enforcement types about guns laws and specifics; some of them will lie, some of them dont know anything, a select few will tell you the truth. it is always best to inform yourself. sit down and read the laws and statues and understand them for yourself and ask other citizens for their opinion.
    worst case speak with a lawyer.
    Constantly choosing the lesser of two evils is still choosing evil.

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    Quote Originally Posted by cshoff View Post
    It's just that a you must be at least 21 to purchase from a Federal Firearms License holder.
    And if I may, I believe it is best said, it is illegal for an FFL to sell a firearm to someone under 21, clearly defining that it is the FFL that is violating the law and incurring penalties, not the buyer.

    In other words, the transaction is not an illegal transaction, but a violation of the FFL's license agreement with the federal government.

    I could be wrong, but I believe this is the proper interpretation as defined.
    John C. Eastman Associate Dean of Chapman University’s School of Law "the Second Amendment, like its sister amendments, does not confer a right but rather recognizes a natural right inherent in our humanity."

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