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Thread: oc on me and in car

  1. #1
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    oc on me and in car

    since i am new these questions may sound dumb to some but i dont know the answers 1.is it legal for me to open carry any where i choose on public property as long as no ordinance is inforced and any private that has not posted it 2 when carring in my vehicle how must it be carried on my side or in glove compartment out of reach of me and if in glove comp can it still be loaded

  2. #2
    Regular Member 1245A Defender's Avatar
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    well,,,

    in Nevada, yes.
    in Missouri, no.

    where are you?
    state laws matter!

    post your quiries in state specific forums for best results.

    welcome to OCDO
    EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....

    “If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”

    Stand up for your Rights,, They have no authority on their own...

    All power is inherent in the people,
    it is their right and duty to be at all times ARMED!

  3. #3
    Regular Member HighFlyingA380's Avatar
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    Quote Originally Posted by 1245A Defender View Post
    in Nevada, yes.
    in Missouri, no.

    where are you?
    state laws matter!

    post your quiries in state specific forums for best results.

    welcome to OCDO
    Umm... You need to check your facts. Missouri is OC legal. The local counties and municipalities can restrict it, but that's really only an issue near St. Louis and KC.

    And to the OP, definitely post in the individual state forums; you'll get people who actually know the laws pertaining to the actual state/locale.
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  4. #4
    Regular Member 1245A Defender's Avatar
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    well,,,

    Quote Originally Posted by HighFlyingA380 View Post
    Umm... You need to check your facts. Missouri is OC legal. The local counties and municipalities can restrict it, but that's really only an issue near St. Louis and KC.

    And to the OP, definitely post in the individual state forums; you'll get people who actually know the laws pertaining to the actual state/locale.
    I answered the OPs question as poorly as he asked it...

    I gave good advice,,, ask the guys in the state...

    The NO I gave to missouri is based on my study of their OC restrictions.
    There is an obscure holstering reqirement that no part of the gun my be covered!
    Most folks there know OC is allowed, but anyone wishing to OC there should study and understand how that law will work for and against them..

    BTW... Notice he hasnt been back?? I bet he hasnt even read my posted reply..
    Last edited by 1245A Defender; 07-26-2012 at 08:06 PM.
    EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....

    “If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”

    Stand up for your Rights,, They have no authority on their own...

    All power is inherent in the people,
    it is their right and duty to be at all times ARMED!

  5. #5
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    OC in car in Missouri

    You are allowed to O.C. Inside your car as long as your weapon is clearly visible to the Officers should you get stopped. If I remember correctly, your car is an extension of your home under Missouri Castle Doctrine law. So, therefore it is legal for you to have your firearm with you while in the car. You CANNOT however have your hand anywhere near your weapon while in view of officers, again should you be stopped by Missouri Police. Should you be stopped and your weapon is hidden somewhere in the vehicle, you do not have to inform the Police that you are carrying unless they opt to search the vehicle only if they have probable cause.
    Last edited by SixGunCowboy; 07-26-2012 at 08:39 PM.

  6. #6
    Regular Member HighFlyingA380's Avatar
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    Quote Originally Posted by SixGunCowboy View Post
    You are allowed to O.C. Inside your car as long as your weapon is clearly visible to the Officers should you get stopped. If I remember correctly, your car is an extension of your home under Missouri Castle Doctrine law. So, therefore it is legal for you to have your firearm with you while in the car. You CANNOT however have your hand anywhere near your weapon while in view of officers, again should you be stopped by Missouri Police. Should you be stopped and your weapon is hidden somewhere in the vehicle, you do not have to inform the Police that you are carrying unless they opt to search the vehicle only if they have probable cause.
    I agree it is a poorly written question, being that there is no punctuation or grammar. On the other hand, it does seem like a fairly straight froward question. I would easily assume from the context that he is not asking about the states of Nevada and Missouri, but more so that he is asking about the town of Nevada, Missouri. In this case, his question regarding OC in Missouri is that is is legal, but the town of Nevada, MO may regulate it. Looking at their firearms ordinances online:

    "Sec. 23-27. - Same—Carrying while loaded prohibited.

    No person shall carry, transport or have in possession any gun, revolver, pistol, shotgun, rifle or other firearm, loaded with any explosive and bullet, shot or other projectile, on the public streets, alleys or other public thoroughfares, nor in or upon publicly owned land in the city; provided, that nothing in this section shall apply to those persons set out in subsections (c) and (e) of section 23-26. No person shall refuse to permit any police officer from inspecting any such firearm to determine if the same is so loaded.

    (a)This provision does not apply to lawful conduct authorized under state statutes found in RSMo ch. 571.

    (b)No interpretation of this ordinance inconsistent with the provisions and exceptions of RSMo ch. 571. And judicial decisions interpreting the same are intended or permitted."


    It would appear the the town of Nevada, MO forbids OC, since the state only permits municipalities to regulate it. There is, however, an exemption called the Peaceable Journey law which permits you, at the state level, to carry in your vehicle, however you want. It can be loaded, open, concealed upon you, concealed in your vehicle, however you choose.

    Now, it according to 23-27, it states that the gun cannot be loaded. It appears that it would be legal to do UOC (Unloaded Open Carry), where the gun is completely unloaded (no loaded mag, no loaded chamber) and you carry a magazine in your pocket or in a mag pouch. (Basically what California used to have.)

    The same section also states this rule only applies to public places. Therefore, OC on your property, or any other private property with the owners permission is allowable, and it could be loaded in these places.

    (Keep in mind, I am not a lawyer, and you are solely responsible for conducting yourself in a legal manner. If you want to know for sure, hire a lawyer.)
    Last edited by HighFlyingA380; 07-26-2012 at 11:05 PM.
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  7. #7
    Regular Member HighFlyingA380's Avatar
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    Quote Originally Posted by SixGunCowboy View Post
    You are allowed to O.C. Inside your car as long as your weapon is clearly visible to the Officers should you get stopped. If I remember correctly, your car is an extension of your home under Missouri Castle Doctrine law. So, therefore it is legal for you to have your firearm with you while in the car. You CANNOT however have your hand anywhere near your weapon while in view of officers, again should you be stopped by Missouri Police. Should you be stopped and your weapon is hidden somewhere in the vehicle, you do not have to inform the Police that you are carrying unless they opt to search the vehicle only if they have probable cause.
    As I stated in the above post, you can carry however you want in your vehicle; it doesn't need to be visible to be legal. And sure, you can have your hand near your weapon if you want, but it's just not too smart. If I have to reach towards my weapon, like to get my wallet, I'll inform the officer first. Otherwise, I don't even say anything about it.

    Also, good point in stating there is no duty to inform in Missouri. If the cop doesn't see it or ask about it, then you don't have to tell them you have it. Even if they do ask if you have a gun, you don't have to tell them yes, you just can't lie. I personally recommend pleading the 5th in this case. Since we're on the topic of talking to cops, I recommend watching this excellent video. It's kinda long, but has great info.
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  8. #8
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    Quote Originally Posted by 1245A Defender View Post
    There is an obscure holstering reqirement that no part of the gun my be covered!
    Cite please.

    Sent from my SGH-T989 using Tapatalk 2

  9. #9
    Regular Member HighFlyingA380's Avatar
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    Quote Originally Posted by kcgunfan View Post
    Cite please.

    Sent from my SGH-T989 using Tapatalk 2
    Oh yeah, I forgot to say this ^^^ The only law pertaining in any way to holsters that I've heard of is one that says the gun must simply be identifiable as a firearm, meaning no "flap" holsters that cover the entire gun. Really the only way to carry a gun where a holster doesn't cover any of it is by getting one of those stupid little clips that's fixed to the side of the gun. This is obviously a terrible idea.
    Last edited by HighFlyingA380; 07-26-2012 at 11:40 PM.
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  10. #10
    Regular Member 1245A Defender's Avatar
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    well,,,

    Sooo you guys are from that state,,, good.
    I dont have a cite,, but i did look back through 13 pages of the forum trying to find threads
    that talked about some of the backwards local ordinances i had read about before.
    I spent some time following a poster named milproguy that was demanding to know the open carry laws.
    You know that missouri does NOT have a true preemption law,
    and that any and all towns, cities, and counties can make their own laws about OC!
    You do know that it is true,,, that legal open carry in missouri is a hit and miss, depending on location...
    that is why i said NO!

    I wasnt just talking out of my a$$, but I wasnt posting from a position of Know it all either...

    He still hasnt been back....
    EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....

    “If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”

    Stand up for your Rights,, They have no authority on their own...

    All power is inherent in the people,
    it is their right and duty to be at all times ARMED!

  11. #11
    Regular Member 4angrybadgers's Avatar
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    Quote Originally Posted by 1245A Defender View Post
    Sooo you guys are from that state,,, good.
    I dont have a cite,, but i did look back through 13 pages of the forum trying to find threads
    that talked about some of the backwards local ordinances i had read about before.
    I spent some time following a poster named milproguy that was demanding to know the open carry laws.
    <snip>
    You're thinking of Mississippi and MilProGuy.

    And even then, it is not a requirement in Mississippi for the firearm to be fully visible. That is a horribly misquoted quote from a concurring decision in a Mississippi Supreme Court case; it was more of Chief Justice Lee's musings and from my memory of the case was not a main point of the decision.

    edit: Found the majority opinion and Chief Justice Lee's concurring opinion posted in the MS forum. I did recall correctly, the whole meandering paragraph on "in part" had nothing to do with the facts of the case.
    Last edited by 4angrybadgers; 07-27-2012 at 08:25 AM.

  12. #12
    Regular Member 1245A Defender's Avatar
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    Oh no....

    Quote Originally Posted by 4angrybadgers View Post
    You're thinking of Mississippi and MilProGuy.

    And even then, it is not a requirement in Mississippi for the firearm to be fully visible. That is a horribly misquoted quote from a concurring decision in a Mississippi Supreme Court case; it was more of Chief Justice Lee's musings and from my memory of the case was not a main point of the decision.

    edit: Found the majority opinion and Chief Justice Lee's concurring opinion posted in the MS forum. I did recall correctly, the whole meandering paragraph on "in part" had nothing to do with the facts of the case.
    You are sooo right,,,I am sooo wrong....
    No wonder I couldnt find any of the posts,,,I misremembered the wrong state.
    My bad.
    Iam sorry t all for the misdirection.
    EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....

    “If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”

    Stand up for your Rights,, They have no authority on their own...

    All power is inherent in the people,
    it is their right and duty to be at all times ARMED!

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