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OC law becomes effective Aug. 28th 2012

OC for ME

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Jan 6, 2010
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12,452
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White Oak Plantation
There is no "concealed means concealed" statute in Missouri. Only cops who dislike OCing citizens and the CC only crowd believe there is. "Printing" just means that you don't care if someone knows that you are armed. Printing is not OCing.
 

Festus_Hagen

Regular Member
Joined
Feb 19, 2010
Messages
490
Location
Jefferson City, Mo., ,
There is no "concealed means concealed" statute in Missouri. Only cops who dislike OCing citizens and the CC only crowd believe there is. "Printing" just means that you don't care if someone knows that you are armed. Printing is not OCing.
Exactly . I don't care and most times during summer I wear shirts with the sleeves and neck cut out and the grip of my gun hangs out the side all the time. I don't care and have never had a problem .
 

mspgunner

Regular Member
Joined
Feb 6, 2009
Messages
1,966
Location
Ellisville, Missouri, USA
There is a staute that allows municipal government to prohibit OC, if some one has the desire and buck$ to challange that in court there are many municipalities and the City of St. Louis who would be delighted to allow you to do this. Baring that,the are municipalities in Missouri can and do prohibit OC.
Come on down and lead the court case, we'd love to have you do it!

No, the new statutory provision allowing brief open carry is essentially a **preemption statute** - there is no state law against open carry or printing in Missouri - so what it means is that (1) Defendants accused of violating local open carry bans can claim a safe harbor (temporary OC) and probably (2) the statute probably means that any prosecutor must now prove as an element of the local open carry offense that the open carry was not a temporary open carry; and probably that a prosecutorial failure to claim that the open carry was NOT temporary would provide the Defendant the ability to succeed on a Motion to Dismiss the Case without even MOUNTING a Defense.

In other words, this is a first step toward full preemption in Mossouri and puts these localities off balance on the open carry policy issue - certainly a good justification to ask these localities to repeal their restrictions and force the city councils to face the heat of gun owners when they vote on the motions to repeal their ordiances.
 

OC for ME

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Messages
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White Oak Plantation
If printing is considered OC in Maplewood I'll wager that your entire defense will be pro bono. That would be a slam dunk for big bucks. The benefit would be that 21.750.3 would get the heave ho and rightly so. Do you or anyone else for that matter think that any cop, even a STL City cop would like to walk down that path.
 

mspgunner

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Feb 6, 2009
Messages
1,966
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Ellisville, Missouri, USA
If printing is considered OC in Maplewood I'll wager that your entire defense will be pro bono. That would be a slam dunk for big bucks. The benefit would be that 21.750.3 would get the heave ho and rightly so. Do you or anyone else for that matter think that any cop, even a STL City cop would like to walk down that path.

Volunteer needed... OC for ME... go for it!
 

OC for ME

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Jan 6, 2010
Messages
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White Oak Plantation
Not sure if I understand your point. Are you equating poor concealment (printing) with OCing? If not, how would getting your CCW checked for poor concealment be equivalent to getting stopped for OC? How is poor concealment germane to 21.750.3?

It's been a long weekend for me apparently.
 

kylemoul

Regular Member
Joined
Jan 1, 2011
Messages
640
Location
st louis
Nothing wrong with printing. Maybe its a firearm? Maybe its a tazer? It is still concealed. People need to stop looking way to deep into laws. Article 1 Section 23 was short and 1 sentance for a reason, but people have somehow forgotten to understand a basic sentance.
 

osmanobma

Regular Member
Joined
Apr 15, 2012
Messages
52
Location
Missouri
does that mean open carry is now legal and preempted statewide? as all open carry sessions are "temporary" .
 

Cody1820

New member
Joined
Sep 2, 2012
Messages
6
Location
MO
does that mean open carry is now legal and preempted statewide? as all open carry sessions are "temporary" .

It says nothing about temporary. It says briefly. I know it doesn't sound all that different but when talking about laws that one little word could make you or break you.
 

Cody1820

New member
Joined
Sep 2, 2012
Messages
6
Location
MO
I have a question. If a municipality can say no to open carry can they later also say no to concealed. Maybe st.louis will say only in your car and conceal from your house to your car.
Can they go a step farther and overturn business owners etc... And say all firearms are restricted in any public area or even farther and pull a Wyatt Earp. No firearms allowed in city limits?
 

mspgunner

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Joined
Feb 6, 2009
Messages
1,966
Location
Ellisville, Missouri, USA
I have a question. If a municipality can say no to open carry can they later also say no to concealed. Maybe st.louis will say only in your car and conceal from your house to your car.
Can they go a step farther and overturn business owners etc... And say all firearms are restricted in any public area or even farther and pull a Wyatt Earp. No firearms allowed in city limits?

CCW is preempted, Cities cannot prohibit CCW permit holders from carrying concealed. All firearms laws are preempted by the State of Missouri EXCEPT - open carry, sales tax and discharge of a firearm within a municipality.
If you go to the web site of Missouri Sate Statutes (which I do not have handy just now) and search using the word "firearm", they are all there to read. Other "key" words wil lead to other statutes of interest. Just let your imagination go wild.
 

kcgunfan

Regular Member
Joined
Feb 22, 2011
Messages
1,002
Location
KC
No. The deal here is that political subdivisions are very restricted in the laws they can make regarding firearms. They can make their own laws regarding discharge of a firearm, as long as it conforms to the state law, and make their own laws about open carry. Everything else had been preempted by the state.

This is what we're fighting for, we want all firearms laws preempted, so we don't get arrested for walking on the wrong side of the street,

I have a question. If a municipality can say no to open carry can they later also say no to concealed. Maybe st.louis will say only in your car and conceal from your house to your car.
Can they go a step farther and overturn business owners etc... And say all firearms are restricted in any public area or even farther and pull a Wyatt Earp. No firearms allowed in city limits?



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