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Thread: Darn near everything you need to know about MO. Firearms laws

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    Regular Member mspgunner's Avatar
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    Darn near everything you need to know about MO. Firearms laws

    The following links will tell you darn near everything you ever wanted to know about Missouri Firearms laws.

    http://www.handgunlaw.us/

    http://www.moga.mo.gov/statutes/chapters/chap571.htm

    http://www.moga.mo.gov/STATUTES/C571.HTM

    http://www.moga.mo.gov/statutes/C500-599/5710000111.HTM

    http://www.moga.mo.gov/statutes/C500-599/5710000107.HTM


    Concealed carry endorsements, application requirements--approval procedures--issuance of certificates, when--record-keeping requirements--fees.
    571.101. 1. All applicants for concealed carry endorsements issued pursuant to subsection 7 of this section must satisfy the requirements of sections 571.101 to 571.121. If the said applicant can show qualification as provided by sections 571.101 to 571.121, the county or city sheriff shall issue a certificate of qualification for a concealed carry endorsement. Upon receipt of such certificate, the certificate holder shall apply for a driver's license or nondriver's license with the director of revenue in order to obtain a concealed carry endorsement. Any person who has been issued a concealed carry endorsement on a driver's license or nondriver's license and such endorsement or license has not been suspended, revoked, cancelled, or denied may carry concealed firearms on or about his or her person or within a vehicle. A concealed carry endorsement shall be valid for a period of three years from the date of issuance or renewal. The concealed carry endorsement is valid throughout this state.

    2. A certificate of qualification for a concealed carry endorsement issued pursuant to subsection 7 of this section shall be issued by the sheriff or his or her designee of the county or city in which the applicant resides, if the applicant:

    (1) Is at least twenty-one years of age, is a citizen of the United States and either:

    (a) Has assumed residency in this state; or

    (b) Is a member of the armed forces stationed in Missouri, or the spouse of such member of the military;

    (2) Has not pled guilty to or entered a plea of nolo contendere or been convicted of a crime punishable by imprisonment for a term exceeding one year under the laws of any state or of the United States other than a crime classified as a misdemeanor under the laws of any state and punishable by a term of imprisonment of one year or less that does not involve an explosive weapon, firearm, firearm silencer or gas gun;

    (3) Has not been convicted of, pled guilty to or entered a plea of nolo contendere to one or more misdemeanor offenses involving crimes of violence within a five-year period immediately preceding application for a certificate of qualification for a concealed carry endorsement or if the applicant has not been convicted of two or more misdemeanor offenses involving driving while under the influence of intoxicating liquor or drugs or the possession or abuse of a controlled substance within a five-year period immediately preceding application for a certificate of qualification for a concealed carry endorsement;

    (4) Is not a fugitive from justice or currently charged in an information or indictment with the commission of a crime punishable by imprisonment for a term exceeding one year under the laws of any state of the United States other than a crime classified as a misdemeanor under the laws of any state and punishable by a term of imprisonment of two years or less that does not involve an explosive weapon, firearm, firearm silencer, or gas gun;

    (5) Has not been discharged under dishonorable conditions from the United States armed forces;

    (6) Has not engaged in a pattern of behavior, documented in public records, that causes the sheriff to have a reasonable belief that the applicant presents a danger to himself or others;

    (7) Is not adjudged mentally incompetent at the time of application or for five years prior to application, or has not been committed to a mental health facility, as defined in section 632.005, or a similar institution located in another state following a hearing at which the defendant was represented by counsel or a representative;

    (8) Submits a completed application for a certificate of qualification as described in subsection 3 of this section;

    (9) Submits an affidavit attesting that the applicant complies with the concealed carry safety training requirement pursuant to subsections 1 and 2 of section 571.111;

    (10) Is not the respondent of a valid full order of protection which is still in effect.

    3. The application for a certificate of qualification for a concealed carry endorsement issued by the sheriff of the county of the applicant's residence shall contain only the following information:

    (1) The applicant's name, address, telephone number, gender, and date and place of birth;

    (2) An affirmation that the applicant has assumed residency in Missouri or is a member of the armed forces stationed in Missouri or the spouse of such a member of the armed forces and is a citizen of the United States;

    (3) An affirmation that the applicant is at least twenty-one years of age;

    (4) An affirmation that the applicant has not pled guilty to or been convicted of a crime punishable by imprisonment for a term exceeding one year under the laws of any state or of the United States other than a crime classified as a misdemeanor under the laws of any state and punishable by a term of imprisonment of one year or less that does not involve an explosive weapon, firearm, firearm silencer, or gas gun;

    (5) An affirmation that the applicant has not been convicted of, pled guilty to, or entered a plea of nolo contendere to one or more misdemeanor offenses involving crimes of violence within a five-year period immediately preceding application for a certificate of qualification to obtain a concealed carry endorsement or if the applicant has not been convicted of two or more misdemeanor offenses involving driving while under the influence of intoxicating liquor or drugs or the possession or abuse of a controlled substance within a five-year period immediately preceding application for a certificate of qualification to obtain a concealed carry endorsement;

    (6) An affirmation that the applicant is not a fugitive from justice or currently charged in an information or indictment with the commission of a crime punishable by imprisonment for a term exceeding one year under the laws of any state or of the United States other than a crime classified as a misdemeanor under the laws of any state and punishable by a term of imprisonment of two years or less that does not involve an explosive weapon, firearm, firearm silencer or gas gun;

    (7) An affirmation that the applicant has not been discharged under dishonorable conditions from the United States armed forces;

    (8) An affirmation that the applicant is not adjudged mentally incompetent at the time of application or for five years prior to application, or has not been committed to a mental health facility, as defined in section 632.005, or a similar institution located in another state, except that a person whose release or discharge from a facility in this state pursuant to chapter 632, or a similar discharge from a facility in another state, occurred more than five years ago without subsequent recommitment may apply;

    (9) An affirmation that the applicant has received firearms safety training that meets the standards of applicant firearms safety training defined in subsection 1 or 2 of section 571.111;

    (10) An affirmation that the applicant, to the applicant's best knowledge and belief, is not the respondent of a valid full order of protection which is still in effect; and

    (11) A conspicuous warning that false statements made by the applicant will result in prosecution for perjury pursuant to the laws of the state of Missouri.

    4. An application for a certificate of qualification for a concealed carry endorsement shall be made to the sheriff of the county or any city not within a county in which the applicant resides. An application shall be filed in writing, signed under oath and under the penalties of perjury, and shall state whether the applicant complies with each of the requirements specified in subsection 2 of this section. In addition to the completed application, the applicant for a certificate of qualification for a concealed carry endorsement must also submit the following:

    (1) A photocopy of a firearms safety training certificate of completion or other evidence of completion of a firearms safety training course that meets the standards established in subsection 1 or 2 of section 571.111; and

    (2) A nonrefundable certificate of qualification fee as provided by subsection 10 or 11 of this section.

    5. Before an application for a certificate of qualification for a concealed carry endorsement is approved, the sheriff shall make only such inquiries as he or she deems necessary into the accuracy of the statements made in the application. The sheriff may require that the applicant display a Missouri driver's license or nondriver's license or military identification and orders showing the person being stationed in Missouri. In order to determine the applicant's suitability for a certificate of qualification for a concealed carry endorsement, the applicant shall be fingerprinted. The sheriff shall request a criminal background check through the appropriate law enforcement agency within three working days after submission of the properly completed application for a certificate of qualification for a concealed carry endorsement. If no disqualifying record is identified by the fingerprint check at the state level, the fingerprints shall be forwarded to the Federal Bureau of Investigation for a national criminal history record check. Upon receipt of the completed background check, the sheriff shall issue a certificate of qualification for a concealed carry endorsement within three working days. The sheriff shall issue the certificate within forty-five calendar days if the criminal background check has not been received, provided that the sheriff shall revoke any such certificate and endorsement within twenty-four hours of receipt of any background check that results in a disqualifying record, and shall notify the department of revenue.

    6. The sheriff may refuse to approve an application for a certificate of qualification for a concealed carry endorsement if he or she determines that any of the requirements specified in subsection 2 of this section have not been met, or if he or she has a substantial and demonstrable reason to believe that the applicant has rendered a false statement regarding any of the provisions of sections 571.101 to 571.121. If the applicant is found to be ineligible, the sheriff is required to deny the application, and notify the applicant in writing, stating the grounds for denial and informing the applicant of the right to submit, within thirty days, any additional documentation relating to the grounds of the denial. Upon receiving any additional documentation, the sheriff shall reconsider his or her decision and inform the applicant within thirty days of the result of the reconsideration. The applicant shall further be informed in writing of the right to appeal the denial pursuant to subsections 2, 3, 4, and 5 of section 571.114. After two additional reviews and denials by the sheriff, the person submitting the application shall appeal the denial pursuant to subsections 2, 3, 4, and 5 of section 571.114.

    7. If the application is approved, the sheriff shall issue a certificate of qualification for a concealed carry endorsement to the applicant within a period not to exceed three working days after his or her approval of the application. The applicant shall sign the certificate of qualification in the presence of the sheriff or his or her designee and shall within seven days of receipt of the certificate of qualification take the certificate of qualification to the department of revenue. Upon verification of the certificate of qualification and completion of a driver's license or nondriver's license application pursuant to chapter 302, the director of revenue shall issue a new driver's license or nondriver's license with an endorsement which identifies that the applicant has received a certificate of qualification to carry concealed weapons issued pursuant to sections 571.101 to 571.121 if the applicant is otherwise qualified to receive such driver's license or nondriver's license. Notwithstanding any other provision of chapter 302, a nondriver's license with a concealed carry endorsement shall expire three years from the date the certificate of qualification was issued pursuant to this section. The requirements for the director of revenue to issue a concealed carry endorsement pursuant to this subsection shall not be effective until July 1, 2004, and the certificate of qualification issued by a county sheriff pursuant to subsection 1 of this section shall allow the person issued such certificate to carry a concealed weapon pursuant to the requirements of subsection 1 of section 571.107 in lieu of the concealed carry endorsement issued by the director of revenue from October 11, 2003, until the concealed carry endorsement is issued by the director of revenue on or after July 1, 2004, unless such certificate of qualification has been suspended or revoked for cause.

    8. The sheriff shall keep a record of all applications for a certificate of qualification for a concealed carry endorsement and his or her action thereon. The sheriff shall report the issuance of a certificate of qualification to the Missouri uniform law enforcement system. All information on any such certificate that is protected information on any driver's or nondriver's license shall have the same personal protection for purposes of sections 571.101 to 571.121. An applicant's status as a holder of a certificate of qualification or a concealed carry endorsement shall not be public information and shall be considered personal protected information. Any person who violates the provisions of this subsection by disclosing protected information shall be guilty of a class A misdemeanor.

    9. Information regarding any holder of a certificate of qualification or a concealed carry endorsement is a closed record.

    10. For processing an application for a certificate of qualification for a concealed carry endorsement pursuant to sections 571.101 to 571.121, the sheriff in each county shall charge a nonrefundable fee not to exceed one hundred dollars which shall be paid to the treasury of the county to the credit of the sheriff's revolving fund.

    11. For processing a renewal for a certificate of qualification for a concealed carry endorsement pursuant to sections 571.101 to 571.121, the sheriff in each county shall charge a nonrefundable fee not to exceed fifty dollars which shall be paid to the treasury of the county to the credit of the sheriff's revolving fund.

    12. For the purposes of sections 571.101 to 571.121, the term "sheriff" shall include the sheriff of any county or city not within a county or his or her designee and in counties of the first classification the sheriff may designate the chief of police of any city, town, or municipality within such county.

    (L. 2003 H.B. 349, et al., § 571.094, subsecs. 1 to 12, A.L. 2008 H.B. 2034, A.L. 2011 H.B. 294, et al.)
    *Effective 8-29-11

    *Revisor's note: Notification was received by the Revisor of Statutes on July 22, 2011, under section 571.102 that the Department of Revenue would begin issuing nondriver licenses meeting the requirements of section 571.102 on August 29, 2011.
    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!
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    Regular Member freak4cycles's Avatar
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    Thanks

    Hey Buddy,

    thanks for taking the time to post this thread. I have seen many questions about OC and CC carry here. Maybe now this post will give all a direction to go.

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    Regular Member mspgunner's Avatar
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    Quote Originally Posted by freak4cycles View Post
    Hey Buddy,

    thanks for taking the time to post this thread. I have seen many questions about OC and CC carry here. Maybe now this post will give all a direction to go.
    I can assure you every attempt is being made to improve on 2A/OC issues and legislation in Missouri.
    With now bring "retired" I am on this 7 days a week in more ways than I care to mention.

    The Missouri legislature goes back into session in January, we'll be ready!!!!
    Last edited by mspgunner; 09-07-2012 at 08:28 AM.
    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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    Regular Member OC for ME's Avatar
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    Don't forget to check back periodically to see if 571.037 is posted to the website.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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    Regular Member Redbaron007's Avatar
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    Darn!! This is better than my bookmarks!!

    Ok, maybe it's just close.

    Thx mspgunner!!!
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    Regular Member mspgunner's Avatar
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    Workin gon OC rights!

    Off to Jefferson City tomorrow, the gang will be there for the veto session, I'm going to strike up some conversations to encourage our 2A/OC rights!
    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

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    Re: Darn near everything you need to know about MO. Firearms laws

    You forgot about RSMo 578.305.1.4, then again, you aren't alone...

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    Regular Member mspgunner's Avatar
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    Quote Originally Posted by kcgunfan View Post
    You forgot about RSMo 578.305.1.4, then again, you aren't alone...

    Sent from my SGH-T989 using Tapatalk 2
    Bus carry is not legal. There are many "prohibited" places, this one like Post Offices are felony offenses.

    Missouri Revised Statutes
    Chapter 578
    Miscellaneous Offenses
    Section 578.305

    August 28, 2011




    Bus hijacking, definition, penalty--assault with intent to commit bus hijacking, penalty, with a deadly weapon, penalty--possession and concealment of deadly weapon by passenger, penalty, exception.
    578.305. 1. The offense of "bus hijacking" is defined as the seizure or exercise of control, by force or violence or threat of force or violence, of any bus within the jurisdiction of this state. Bus hijacking shall be a class B felony.

    2. The offense of "assault with the intent to commit bus hijacking" is defined as an intimidation, threat, assault or battery toward any driver, attendant or guard of a bus so as to interfere with the performance of duties by such person. Assault to commit bus hijacking shall be a class C felony.

    3. Any person, who, in the commission of such intimidation, threat, assault or battery with the intent to commit bus hijacking, employs a dangerous or deadly weapon or other means capable of inflicting serious bodily injury shall, upon conviction, be guilty of a class A felony.

    4. Any passenger who boards a bus with a dangerous or deadly weapon or other means capable of inflicting serious bodily injury concealed upon his person or effects is guilty of the felony of "possession and concealment of a dangerous or deadly weapon" upon a bus. Possession and concealment of a dangerous and deadly weapon by a passenger upon a bus shall be a class C felony. The provisions of this subsection shall not apply to duly elected or appointed law enforcement officers or commercial security personnel who are in possession of weapons used within the course and scope of their employment; nor shall the provisions of this subsection apply to persons who are in possession of weapons or other means of inflicting serious bodily injury with the consent of the owner of such bus, or his agent, or the lessee or bailee of such bus.

    (L. 1982 S.B. 519 § 2)
    Last edited by mspgunner; 09-11-2012 at 06:56 PM.
    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

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    Quote Originally Posted by mspgunner View Post
    Bus carry is not legal. There are many "prohibited" places, this one like Post Offices are felony offenses.

    Missouri Revised Statutes
    Chapter 578
    Miscellaneous Offenses
    Section 578.305

    August 28, 2011




    Bus hijacking, definition, penalty--assault with intent to commit bus hijacking, penalty, with a deadly weapon, penalty--possession and concealment of deadly weapon by passenger, penalty, exception.
    578.305. 1. The offense of "bus hijacking" is defined as the seizure or exercise of control, by force or violence or threat of force or violence, of any bus within the jurisdiction of this state. Bus hijacking shall be a class B felony.

    2. The offense of "assault with the intent to commit bus hijacking" is defined as an intimidation, threat, assault or battery toward any driver, attendant or guard of a bus so as to interfere with the performance of duties by such person. Assault to commit bus hijacking shall be a class C felony.

    3. Any person, who, in the commission of such intimidation, threat, assault or battery with the intent to commit bus hijacking, employs a dangerous or deadly weapon or other means capable of inflicting serious bodily injury shall, upon conviction, be guilty of a class A felony.

    4. Any passenger who boards a bus with a dangerous or deadly weapon or other means capable of inflicting serious bodily injury concealed upon his person or effects is guilty of the felony of "possession and concealment of a dangerous or deadly weapon" upon a bus. Possession and concealment of a dangerous and deadly weapon by a passenger upon a bus shall be a class C felony. The provisions of this subsection shall not apply to duly elected or appointed law enforcement officers or commercial security personnel who are in possession of weapons used within the course and scope of their employment; nor shall the provisions of this subsection apply to persons who are in possession of weapons or other means of inflicting serious bodily injury with the consent of the owner of such bus, or his agent, or the lessee or bailee of such bus.

    (L. 1982 S.B. 519 § 2)

    Apparently whoever wrote this watched Speed and Speed 2 way too many times.
    Constantly choosing the lesser of two evils is still choosing evil.

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    Re: Darn near everything you need to know about MO. Firearms laws

    Quote Originally Posted by kylemoul View Post
    Apparently whoever wrote this watched Speed and Speed 2 way too many times.
    Yeah, that one never made sense to me. Near as I can tell, it's a law looking for a reason to exist. This seems like some pretty low hanging fruit to get rid of.

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    Regular Member Redbaron007's Avatar
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    Quote Originally Posted by kylemoul View Post
    Apparently whoever wrote this watched Speed and Speed 2 way too many times.
    Quote Originally Posted by kcgunfan View Post
    Yeah, that one never made sense to me. Near as I can tell, it's a law looking for a reason to exist. This seems like some pretty low hanging fruit to get rid of.

    Sent from my SGH-T989 using Tapatalk 2

    It is one of the laws that makes you just say...hmmmmmm.

    The bus law was put into place in 1982.
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    Ahh you young pups!!!!

    It was "The Gauntlet" that they watched, where Harry Callahan was able to armor a bus and deliver a witness to court to expose corruption, the thing government fears most, exposure.



    Quote Originally Posted by kylemoul View Post
    Apparently whoever wrote this watched Speed and Speed 2 way too many times.
    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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    Re: Carry on the bus

    This, among other reasons is why I don't ride the city transport buses.

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    Places off limits to "open carry"

    Yep. City, State and Government buildings are forbidden.
    Also, churches, synagogues or other religious places
    Major shopping areas such as malls..(indoor malls or other enclosed shopping areas)
    Libraries, Postal Service facilities..
    City Transport Services.. ATA, MetroFlex..etc.
    Are there any others I missed?

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    Quote Originally Posted by SixGunCowboy View Post
    Places off limits to "open carry"...
    ...Major shopping areas such as malls..(indoor malls or other enclosed shopping areas)
    Where does this one come from?

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    Quote Originally Posted by Griz View Post
    Where does this one come from?
    Major shopping malls.. While not being specifically forbidden by law, there are gun signs which have forbade the "open carry" of guns inside major mall areas. Ward Parkway, specifically has security guards who do not permit citizens to "open carry" inside. In that respect, Major shopping malls and like areas are forbidden to "open carry."

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    Quote Originally Posted by SixGunCowboy View Post
    Major shopping malls.. While not being specifically forbidden by law, there are gun signs which have forbade the "open carry" of guns inside major mall areas. Ward Parkway, specifically has security guards who do not permit citizens to "open carry" inside. In that respect, Major shopping malls and like areas are forbidden to "open carry."
    Does this apply to major malls state wide or just to one specific mall that has signs posted? Are minor malls included?
    Last edited by 9026543; 09-16-2012 at 08:38 PM.

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    Quote Originally Posted by 9026543 View Post
    Does this apply to major malls state wide or just to one specific mall that has signs posted? Are minor malls included?
    To answer your question.. I don't know about state wide and such. I only know about the immediate metro area here in Kansas City. I don't know about the lesser malls and such.. Major malls like Ward Parkway and a few others are specifically forbidden for "open carriers." That's as far as my knowledge goes. Other areas I don't know about if that answers your questions.

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    Quote Originally Posted by SixGunCowboy View Post
    Major shopping malls.. While not being specifically forbidden by law, there are gun signs which have forbade the "open carry" of guns inside major mall areas. Ward Parkway, specifically has security guards who do not permit citizens to "open carry" inside. In that respect, Major shopping malls and like areas are forbidden to "open carry."
    I would rather say restricted than forbidden. You can still OC into a mall the most they can ask you to do is leave.
    Unless that specific city has an ordinance specific to not carrying openly into a mall, home depot, strip club, then it is not a criminal act. If so, I would like to see it posted here. I do live in St Louis so I do not know your city/municipalities ordinances.

    Signs are nothing and not enforceable by law and not punishable. If you do not leave when they ask you, that is a different story.

    MO 571.107 is a list of restricted places for the entire state.
    Constantly choosing the lesser of two evils is still choosing evil.

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