• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

OC in MO

Glock19fan

Regular Member
Joined
Nov 27, 2011
Messages
73
Location
Coats
Hi to everyone. I grew up in Festus, MO but left nearly 20 years ago after joining the Army, but have a question for all of you. In MO can you legally OC? In NC where I live you can. In fact you can OC in nearly all the same places you can concealed, but I'm asking as I my family still lives in the Festus and are intrested in OCing.

Glock19fan
 

kcgunfan

Regular Member
Joined
Feb 22, 2011
Messages
1,002
Location
KC
It depends, there is no preemption for open carry in MO, so each political subdivision may make their own laws.

Sent from my SGH-T989 using Tapatalk 2
 

Redbaron007

Regular Member
Joined
Sep 10, 2011
Messages
1,613
Location
SW MO
It depends, there is no preemption for open carry in MO, so each political subdivision may make their own laws.

Sent from my SGH-T989 using Tapatalk 2


Which means they will need to research the city ordinances for clarification. Plus, there are some folks in the forum who are from the Festus area who could chime in specifically to the area and/or who to contact.
 

F350

Regular Member
Joined
Mar 22, 2012
Messages
941
Location
The High Plains of Wyoming
A coup[le people on missouricarry.com have compiled a pretty good list of OC hostile cities. To my knowledge no counties ban OC (don't think they can) but a bunch of the little berds around "The Loo" do and it is a real patchwork.
 

SixGunCowboy

Regular Member
Joined
Jun 7, 2012
Messages
111
Location
Somewhere
95% of cities and counties allow citizens to openly carry a firearm so long as the gun remains safely holstered. Now, as for the "loaded/unloaded" part.. that is a good question. It roughly depends on whom you ask. Some areas allow you to be able to carry a "loaded" weapon while other areas don't. There's a list somewhere on the internet that lets you see the cities that will allow the "open carry" of a firearm. However, there will be areas of which are not listed and may not have the laws/ordinances listed. In which case, it's a good idea if you're not sure to contact a local law enforcement office or City Hall to find out what ordinances and laws there are regarding firearms. The "loaded/unloaded" part is tricky. It's basically a checkerboard of differences in each city/county. So, be sure you consult the local laws/ordinances before you O.C.
*this doesn't mean you won't get stopped/questioned by law enforcement about your weapon. It just depends on which area you're in*
 

xdmcompact

Regular Member
Joined
Mar 21, 2011
Messages
289
Location
St Louis City
95% of cities and counties allow citizens to openly carry a firearm so long as the gun remains safely holstered. Now, as for the "loaded/unloaded" part.. that is a good question. It roughly depends on whom you ask. Some areas allow you to be able to carry a "loaded" weapon while other areas don't. There's a list somewhere on the internet that lets you see the cities that will allow the "open carry" of a firearm. However, there will be areas of which are not listed and may not have the laws/ordinances listed. In which case, it's a good idea if you're not sure to contact a local law enforcement office or City Hall to find out what ordinances and laws there are regarding firearms. The "loaded/unloaded" part is tricky. It's basically a checkerboard of differences in each city/county. So, be sure you consult the local laws/ordinances before you O.C.
*this doesn't mean you won't get stopped/questioned by law enforcement about your weapon. It just depends on which area you're in*

I have yet to see a muni that lists unloaded OC only, where are you finding this? Can you post which ones state this? Please never ask the police or at the police station, to find out if OC is legal, they can and will lie to you to keep you from doing it. You need to view the ordinance book to see if it is banned or has recently been banned.
 

9026543

Regular Member
Joined
Apr 1, 2009
Messages
509
Location
Southern MO
95% of cities and counties allow citizens to openly carry a firearm so long as the gun remains safely holstered. Now, as for the "loaded/unloaded" part.. that is a good question. It roughly depends on whom you ask. Some areas allow you to be able to carry a "loaded" weapon while other areas don't. There's a list somewhere on the internet that lets you see the cities that will allow the "open carry" of a firearm. However, there will be areas of which are not listed and may not have the laws/ordinances listed. In which case, it's a good idea if you're not sure to contact a local law enforcement office or City Hall to find out what ordinances and laws there are regarding firearms. The "loaded/unloaded" part is tricky. It's basically a checkerboard of differences in each city/county. So, be sure you consult the local laws/ordinances before you O.C.
*this doesn't mean you won't get stopped/questioned by law enforcement about your weapon. It just depends on which area you're in*

Can you cite the law or ordinance that states the gun must remain safely holstered? Please cite the ordinance that says it must be unloaded if OCed. More think so instead of ordinance or statute?
 

SixGunCowboy

Regular Member
Joined
Jun 7, 2012
Messages
111
Location
Somewhere
Can you cite the law or ordinance that states the gun must remain safely holstered? Please cite the ordinance that says it must be unloaded if OCed. More think so instead of ordinance or statute?

1) I was making a generalization to answer a question.. Cite the ordinance that a gun must be safely holstered...Are you that stupid? YOU'D RATHER BE SHOT BY AN OFFICER FOR HAVING A GUN IN YOUR HAND?! Do us all a favor.. Leave your gun at home before you get yourself killed.

2) I don't know which ordinance, again, if you read it, I was making a generalization to answer a question. There are some areas which may not allow a "loaded" gun to be "open carried." That's why I said to check the local laws and ordinances. Every city is different.
 

9026543

Regular Member
Joined
Apr 1, 2009
Messages
509
Location
Southern MO
1) I was making a generalization to answer a question.. Cite the ordinance that a gun must be safely holstered...Are you that stupid? YOU'D RATHER BE SHOT BY AN OFFICER FOR HAVING A GUN IN YOUR HAND?! Do us all a favor.. Leave your gun at home before you get yourself killed.

2) I don't know which ordinance, again, if you read it, I was making a generalization to answer a question. There are some areas which may not allow a "loaded" gun to be "open carried." That's why I said to check the local laws and ordinances. Every city is different.

Ah, but you are the one that specifically stated that a gun must be safely holstered to legal OC not me. I was wanting a cite to the law or ordinance to that statement. It may not be safe to do so but would Mexican style OC be legal?
I can't find anywhere in my post that stated I would carry a gun in my hand. Would that not be brandishing to do so?
 
Last edited:

BionicRooster

Regular Member
Joined
Feb 29, 2012
Messages
66
Location
Independence, Missouri
It's legal but....

It may not be safe to do so but would Mexican style OC be legal?

....ya might shoot yer balls off...

All humor aside, it's extremely NOT recommended. When you OC, you should use a holster with some sort of retention, to have some protection against a "gun grab". Having retention could mean the difference between someone getting your gun, or giving you enough time to prevent and defend against the attack.

And one last note, when your firearm is properly holstered, you're less likely to be viewed as a common street thug, therefore less likely to have to deal with MWAG calls.
 
Last edited:

mspgunner

Regular Member
Joined
Feb 6, 2009
Messages
1,966
Location
Ellisville, Missouri, USA
There are no State statutes regarding "Brandishing" or "Flourishing" (That I can find in the Missouri State Statutes):

http://www.moga.mo.gov/homestatsearch.asp

The above site is where you can look up State statutes in Missouri.
I cannot find any local laws (In Missouri) that discuss "loaded" vs. "unloaded" in regard to OC.

If some one finds anything about the above stated things, feel free to post, we all need the information... sharing....
 

OC for ME

Regular Member
Joined
Jan 6, 2010
Messages
12,452
Location
White Oak Plantation
571.303.1
(4) Exhibits, in the presence of one or more persons, any weapon readily capable of lethal use in an angry or threatening manner; or

(5) Has a firearm or projectile weapon readily capable of lethal use on his or her person, while he or she is intoxicated, and handles or otherwise uses such firearm or projectile weapon in either a negligent or unlawful manner or discharges such firearm or projectile weapon unless acting in self-defense;
.....and

571.037. Any person who has a valid concealed carry endorsement, and who is lawfully carrying a firearm in a concealed manner, may briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.
IOW Missouri does not have a anti-brandishing law, or a anti-flourishing law. But, I ain't the cop who gets to define angry, threatening, negligent, or unlawful manner.
 

LMTD

Accomplished Advocate
Joined
Apr 8, 2010
Messages
1,919
Location
, ,
There are no State statutes regarding "Brandishing" or "Flourishing" (That I can find in the Missouri State Statutes):

Brandishing is a verb and is not required to be defined in order to have merit. You would never be charged with "brandishing" however "assault with a deadly weapon" is indeed defined and in a probable cause statement for your arrest it could well say "subject entered the premises brandishing a gun" and the word brandishing would have absolute legal meaning.

It is MY own understanding, when used as a verb, the term history is to draw one's sword so in order to brandish, you would need to have the firearm IN YOUR HAND and then of course if you point it at or threaten to point it at, you have most certainly assaulted the other party less it be self defense.

I am not sure it is possible to brandish without it in your hand, the verb means it must be action and there is no action in one's holster.
 

SixGunCowboy

Regular Member
Joined
Jun 7, 2012
Messages
111
Location
Somewhere
If I may direct your attention to 571.303.1;
So stating the word "exhibits."

While not saying the word "brandishing," the word "exhibits" (meaning to display, otherwise show or bring to visual attention by hand) a firearm... Clearly the meaning "brandishing" is implied in such a circumstance. Therefore, "brandishing" a weapon in public is illegal.
 

OC for ME

Regular Member
Joined
Jan 6, 2010
Messages
12,452
Location
White Oak Plantation
Interwebs lawyers......571.303.1 reads, and I quote:
(4) Exhibits, in the presence of one or more persons, any weapon readily capable of lethal use in an angry or threatening manner; or

(5) Has a firearm or projectile weapon readily capable of lethal use on his or her person, while he or she is intoxicated, and handles or otherwise uses such firearm or projectile weapon in either a negligent or unlawful manner or discharges such firearm or projectile weapon unless acting in self-defense;
.....also.....

The new 571.037 reads, and I quote:
unless the firearm is intentionally displayed in an angry or threatening manner,

You could be, but a prosecutor like would lose if he did, charge you with "brandishing". It is quite clear in the statutes that you must "do" something, short of discharging your pistols, that could be construed or otherwised deemed "bad" while your pistola is in your hand.

As I stated earlier, I do not get to define what angry or threatening is, nor do I get to define negligent or unlawful.
 

SixGunCowboy

Regular Member
Joined
Jun 7, 2012
Messages
111
Location
Somewhere
Re: exhibiting, "brandishing" a firearm (I.e. 571.303.1, 571.037

Okay, let's ask the question.. What exactly is considered "angry or threatening manner?"
In any context of the phrase, this must mean the intentional "act of drawing the weapon in such a manner as to be deemed hostile with intent to wound or kill; otherwise the affirmation of intent to display the weapon in a manner that would result in a "clear act of aggression with intent to harm or kill."
Being a civilian carrying a weapon on my hip, I do not get to decide what the Police or another person see as "angry or threatening" because everyone has a different perspective on what they consider "angry or threatening." Just as a normal unarmed person would react with fright or fear; a Police officer would react in a "defensive" posture by drawing, perhaps even discharging his weapon in such a circumstance thereby rendering the person "displaying (I.e. exhibiting the weapon) a "dead duck." So, given that circumstance, "exhibiting (I.e. the "unlawful" display of the weapon in the hand, or the direct "act" of removing the weapon from a holster) is called "brandishing" the weapon.
 

dman54

New member
Joined
May 31, 2012
Messages
1
Location
Webb City,MO
ocing

I oc in joplin and webb city with no problem and springfield with no retention holster I only had one person ask what kind of gun i was carrying been in all walmarts and restrants,gas stations:D
 

LMTD

Accomplished Advocate
Joined
Apr 8, 2010
Messages
1,919
Location
, ,
Just as a normal unarmed person would react with fright or fear; a Police officer would react in a "defensive" posture by drawing, perhaps even discharging his weapon in such a circumstance thereby rendering the person "displaying (I.e. exhibiting the weapon) a "dead duck." So, given that circumstance, "exhibiting (I.e. the "unlawful" display of the weapon in the hand, or the direct "act" of removing the weapon from a holster) is called "brandishing" the weapon.

Your insertion of OPINION into the law and reality are consistently different sir.

Removing the firearm from its holster or simply carrying it in your hand in a safe manner do NOT equal brandishing. There are specific criteria, it is NOT an opinion based system, the act of carrying a firearm in one's hand does NOT constitute or represent any threat what so ever and you are completely wrong.

Again, BRANDISHING is a verb, it is an ACTION, it does not involve firearms, one can brandish a sword, a club, a knife or a variety of other items, all of which may be carried in ones hand WITHOUT meeting the criteria of a threat. Some VERY specific case law exist regarding openly carried firearms in a safe manner in ones hand and one felon got out of a felon with a gun charge because police officers confronted him carrying 2 guns in his hands and his actions did not meet any level of threat so as to poison all evidence following the stop as the stop itself was ILLEGAL.

It is no where near as simple as your opinions continue to try and represent and around here folks are prone to at least TRYING to be accurate.
 
Top