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OC in St. Charles

Franko

New member
Joined
Oct 5, 2012
Messages
1
Location
United States
Open Carry lunch in St. Charles, MO 11 August 2012

So I must admit for my FIRST OC event it went really smooth. I will do at again soon. I am not sure I am up to doing it all by myself yet, I just don’t have the muster to argue my point with the police yet. But feel more than comfortable to be part of a group doing OC. I am sure there are many out there like me? Let us hear from you. You may have reservations about attending one of these events but you never know unless you go? St. Charles is very OC friendly.

http://www.jjsstcharles.com was very friendly. Not as much as one employee even acted funny about us being there and OC. They must be used to it since I hear it’s a regular spot for OC get together. We did have a few looks from the general public, but no cops were called I think? If so they must have told them it’s legal and not responded. We did have a gentlemen stop on way out to ask about OC. Is it legal? What web site do I go to research it? Etc. He was eating near by and was listening to our conversation. We only had 4 people show up for Lunch. At first I was sad about this low showing. Then I got to conversation with David and Marc and found they had wisdom beyond my years. I was happy to speak with them for the four hours we spent chatting about everything under the sun. They were a great group of guys and I look forward to the next OC meet in St Charles or surrounding area.

SO FOR THE NEXT ONE!!!
Let's set a new record for this lunch! New to OC, you are especially invited. If you are on the fence about coming, just do it! Hide your firearm if you are uncomfortable, if you have a CCW that is. Just show up and grown the group so that others will follow. You may be pleasantly surprised as I was. You may make new friends with similar interest? Hope to see you all next time...

Hi! I have a few questions regarding the legality of open carry in St. Charles MO. I called the local PD in St. Charles and the front desk told me that you have to have a CCW to be able to OC. I stated my question again so it wasn't misconstrued in any form or shape. "Can you open carry in St. Charles City without a CCW?" To which she replied no, you must have a CCW. She was nice and I thanked her for her time and hung up.

So the question remains, do you have to have a CCW to open carry in St. Charles?

You can OC as far as the states concerned but certain city's apply further legislation correct?

Thanks guys/gals!!!
 

jegoodin

Newbie
Joined
Jul 9, 2006
Messages
337
Location
Stafford, Virginia, USA
And what would lead you to believe that the front desk receptionist who answers phones at the police station is a good person to take legal advise from?

--------------------------------

Missouri Revised Statutes

Chapter 21
General Assembly
Section 21.750

August 28, 2011


Firearms legislation preemption by general assembly, exceptions--limitation on civil recovery against firearms or ammunitions manufacturers, when, exception.


21.750. 1. The general assembly hereby occupies and preempts the entire field of legislation touching in any way firearms, components, ammunition and supplies to the complete exclusion of any order, ordinance or regulation by any political subdivision of this state. Any existing or future orders, ordinances or regulations in this field are hereby and shall be null and void except as provided in subsection 3 of this section.

2. No county, city, town, village, municipality, or other political subdivision of this state shall adopt any order, ordinance or regulation concerning in any way the sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permit, registration, taxation other than sales and compensating use taxes or other controls on firearms, components, ammunition, and supplies except as provided in subsection 3 of this section.

3. Nothing contained in this section shall prohibit any ordinance of any political subdivision which conforms exactly with any of the provisions of sections 571.010 to 571.070, with appropriate penalty provisions, or which regulates the open carrying of firearms readily capable of lethal use or the discharge of firearms within a jurisdiction, provided such ordinance complies with the provisions of section 252.243.

4. The lawful design, marketing, manufacture, distribution, or sale of firearms or ammunition to the public is not an abnormally dangerous activity and does not constitute a public or private nuisance.

5. No county, city, town, village or any other political subdivision nor the state shall bring suit or have any right to recover against any firearms or ammunition manufacturer, trade association or dealer for damages, abatement or injunctive relief resulting from or relating to the lawful design, manufacture, marketing, distribution, or sale of firearms or ammunition to the public. This subsection shall apply to any suit pending as of October 12, 2003, as well as any suit which may be brought in the future. Provided, however, that nothing in this section shall restrict the rights of individual citizens to recover for injury or death caused by the negligent or defective design or manufacture of firearms or ammunition.
 

repomasterstl

Regular Member
Joined
Mar 27, 2011
Messages
112
Location
Robertsville
Probally shouldn't talk to pd of any level. Most of them don't like to admit its legal or say things that make you feel like you shouldn't. There is a lot of people here that carry there all the time. They will chime in soon to help you with the questions. Welcome!
 

mspgunner

Regular Member
Joined
Feb 6, 2009
Messages
1,966
Location
Ellisville, Missouri, USA
OC St. Charles City

Correct! many municipalities threw in you must have a CCW to OC. The rquirement is well documented for St. Charels City. The Law enforcment officers are (were) very well informed of this requirement a couple of years ago related to an OC incident in old town. All was cleared up with a little discussion and consultation.

NEVER ASK IF OC IS LEGAL. The only way to be 100% sure is to go to a City hall and check Municipal codes yourself. The police wil loften lie to you or better stated "express thier opinon".

here is the video:
http://www.youtube.com/watch?v=JkUj7CdOpTI Part I

http://www.youtube.com/watch?v=t0EcFcFdZJc Part II

Go to one of our OC get togethers, best way to get information on the lattest and meet other OCers. We meet from time to time in St. Charles City.
 

kylemoul

Regular Member
Joined
Jan 1, 2011
Messages
640
Location
st louis
you can OC in St Charles CITY. I dont visit the COUNTY too much they may have different city ordinances. I OC in the city every day. Hell they loosened up their weapons laws when they re-wrote them recently and made it readable.
 

mspgunner

Regular Member
Joined
Feb 6, 2009
Messages
1,966
Location
Ellisville, Missouri, USA
you can OC in St Charles CITY. I dont visit the COUNTY too much they may have different city ordinances. I OC in the city every day. Hell they loosened up their weapons laws when they re-wrote them recently and made it readable.
St. Charles City is a great place to "Get your feet wet" if you are new to OC.
One among us did a very good job in educating the St. Charles City P.D.
 

freak4cycles

Regular Member
Joined
Jul 24, 2012
Messages
46
Location
St Charles
Franko thanks

Hi! I have a few questions regarding the legality of open carry in St. Charles MO. I called the local PD in St. Charles and the front desk told me that you have to have a CCW to be able to OC. I stated my question again so it wasn't misconstrued in any form or shape. "Can you open carry in St. Charles City without a CCW?" To which she replied no, you must have a CCW. She was nice and I thanked her for her time and hung up.

So the question remains, do you have to have a CCW to open carry in St. Charles?

You can OC as far as the states concerned but certain city's apply further legislation correct?

Thanks guys/gals!!!


Franko, thanks for quoting my text first off. It's good to know it was read. I strongly suggest that you come to JJ’s restaurant on Dec 9th for OC meet. You will find how knowledgeable Marc and others are. This is a great way to put your mind at ease. Once you do go to a few meets you will be not only armed with your OC firearm but the stories and replies to LEO's when they harass you for your OC. These meets are well worth the time spent at them. Plus you may make some new like minded friends. Go ahead and clear your schedule and we will see you at JJ’s on Dec 9th..
 

mspgunner

Regular Member
Joined
Feb 6, 2009
Messages
1,966
Location
Ellisville, Missouri, USA
Franko, thanks for quoting my text first off. It's good to know it was read. I strongly suggest that you come to JJ’s restaurant on Dec 9th for OC meet. You will find how knowledgeable Marc and others are. This is a great way to put your mind at ease. Once you do go to a few meets you will be not only armed with your OC firearm but the stories and replies to LEO's when they harass you for your OC. These meets are well worth the time spent at them. Plus you may make some new like minded friends. Go ahead and clear your schedule and we will see you at JJ’s on Dec 9th..

There is a lot to this question and I for one do not care to type the whole thing.
Rule: Never ask the police if OC is legal. Although St. Charles PD is very much aware of how it works thanks to one very dedicated OCer.....

Other answers, come on out to JJ's. If you do not have a CCW do not OC.
We are expecting a good number of people, not just from this forum....
This could be good. I have friend coming (Took the CCW class with me over a decade ago), who does not carry, she just wants to learn more.

THERE IS A LOT TO LEARN, MAKES LIFE A LOT EASIER!
 

freak4cycles

Regular Member
Joined
Jul 24, 2012
Messages
46
Location
St Charles
Other answers, come on out to JJ's. If you do not have a CCW do not OC.

"Other answers, come on out to JJ's. If you do not have a CCW do not OC."

Now I am confused Marc, Last we spoke didn’t this apply to St. Peters Mo only and Not St. Charles City? So now we need an CCW to OC in St. Charles City as well? This still makes no sense to me.. A permit to carry concealed needed to carry open? Hu ?
 

mspgunner

Regular Member
Joined
Feb 6, 2009
Messages
1,966
Location
Ellisville, Missouri, USA
"Other answers, come on out to JJ's. If you do not have a CCW do not OC."

Now I am confused Marc, Last we spoke didn’t this apply to St. Peters Mo only and Not St. Charles City? So now we need an CCW to OC in St. Charles City as well? This still makes no sense to me.. A permit to carry concealed needed to carry open? Hu ?


I don't know if a CCW is required in St. Peters to OC. LMTD posted a long time ago you did not need a CCW to OC in the City of Lake St. Louis, they eliminated that requirement for OC. O'Fallon requires a CCW to OC. It is my understanding, although I have never gone to the City Hall of the City of St. Charles that a CCW is required to OC in the City of St. Charles. If this is not correct, please post. Of course a CCW endorsement is required to conceal carry any where in the State in the State of Missouri. If someone knows if a CCW is required in St. Peteres, chime in.

The legal with or without a CCW is more difficult to track than is OC legal or not legal. If you re of age, I strongly advise getting a CCW endorsement, it gives much more latitude.

I have to put in the "disclaimer"... The only way to be 100% sure if OC is legal in a particular municipality is to go to their City Hall and read the local laws/rules/ ord. yourself. Also note these are subject to change any time. The State of Missouri has preemption for conceal carry but not for open carry. I am not a lawyer and this is not intended to be a sure fact. Always check local laws first on your own. It is wise not to take the word of a law enforcement officer on open carry, they maybe expressing their own opinion, not the law in the community.
 

LMTD

Accomplished Advocate
Joined
Apr 8, 2010
Messages
1,919
Location
, ,
"Other answers, come on out to JJ's. If you do not have a CCW do not OC."

Now I am confused Marc, Last we spoke didn’t this apply to St. Peters Mo only and Not St. Charles City? So now we need an CCW to OC in St. Charles City as well? This still makes no sense to me.. A permit to carry concealed needed to carry open? Hu ?

A. A person commits the offense of unlawful use of weapons if he/she knowingly:

1. Carries concealed upon or about his/her person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use; or

2. Sets a spring gun; or

3. Discharges or shoots a firearm within the City limits;* or

4. Exhibits, in the presence of one (1) 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/her person, while he/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; or

6. Carries a firearm or any other weapon readily capable of lethal use into any church or place where people have assembled for worship, or into any election precinct on any election day, or into any building owned or occupied by any agency of the Federal Government, State Government, or political subdivision thereof; or

7. Carries a firearm, whether loaded or unloaded, or any other weapon readily capable of lethal use into any school, onto any school bus, or onto the premises of any function or activity sponsored or sanctioned by school officials or the district school board.

B. Subparagraphs (1), (3), (4), (6) and (7) of Subsection (A) of this Section shall not apply to or affect any of the following when such uses are reasonably associated with or are necessary to the fulfillment of such person's official duties:

1. All State, County and Municipal Peace Officers who have completed the training required by the Police Officer Standards and Training Commission pursuant to Sections 590.030 to 590.050, RSMo., and who possess the duty and power of arrest for violation of the general criminal laws of the State or for violation of ordinances of Counties or Municipalities of the State, whether such officers are on or off duty, and whether such officers are within or outside of the law enforcement agency's jurisdiction, or all qualified retired Peace Officers, as defined in Subsection (10) of Section 571.030, RSMo., and who carry the identification defined in Subsection (11) of Section 571.030, RSMo., or any person summoned by such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer;

2. Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime;

3. Members of the Armed Forces or National Guard while performing their official duty;

4. Those persons vested by Article V, Section 1 of the Constitution of Missouri with the judicial power of the State and those persons vested by Article III of the Constitution of the United States with the judicial power of the United States, the members of the Federal judiciary;

5. Any person whose bona fide duty is to execute process, civil or criminal;

6. Any Federal Probation Officer or Federal Flight Deck Officer as defined under the Federal Flight Deck Officer Program, 49 U.S.C. Section 44921;

7. Any State Probation or Parole Officer, including supervisors and members of the Board of Probation and Parole;

8. Any corporate security advisor meeting the definition and fulfilling the requirements of the regulations established by the Board of Police Commissioners under Section 84.340, RSMo.;

9. Any coroner, deputy coroner, medical examiner or assistant medical examiner; and

10. Any prosecuting attorney or assistant prosecuting attorney or any circuit attorney or assistant circuit attorney who has completed the firearms safety training course required under Subsection (2) of Section 571.111, RSMo.

C. Subparagraphs (1), (5), (6) and (7) of Subsection (A) of this Section do not apply when the actor is transporting such weapons in a non-functioning state or in an unloaded state when ammunition is not readily accessible or when such weapons are not readily accessible. Subparagraph (1) of Subsection (A) of this Section does not apply to any person twenty-one (21) years of age or older transporting a concealable firearm in the passenger compartment of a motor vehicle, so long as such concealable firearm is otherwise lawfully possessed, nor when the actor is also in possession of an exposed firearm or projectile weapon for the lawful pursuit of game, or is in his/her dwelling unit or upon premises over which the actor has possession, authority or control, or is traveling in a continuous journey peaceably through this State. Subparagraph (7) of Subsection (A) of this Section does not apply if the firearm is otherwise lawfully possessed by a person while traversing school premises for the purposes of transporting a student to or from school, or possessed by an adult for the purposes of facilitation of a school-sanctioned firearm-related event.

D. Subparagraphs (1), (6) and (7) of Subsection (A) of this Section shall not apply to any person who has a valid concealed carry endorsement issued pursuant to Sections 571.101 to 571.121, RSMo., or a valid permit or endorsement to carry concealed firearms issued by another State or political subdivision of another State.
 

mspgunner

Regular Member
Joined
Feb 6, 2009
Messages
1,966
Location
Ellisville, Missouri, USA
Is the below St. Charles City Code?:
A. A person commits the offense of unlawful use of weapons if he/she knowingly:

1. Carries concealed upon or about his/her person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use; or

2. Sets a spring gun; or

3. Discharges or shoots a firearm within the City limits;* or

4. Exhibits, in the presence of one (1) 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/her person, while he/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; or

6. Carries a firearm or any other weapon readily capable of lethal use into any church or place where people have assembled for worship, or into any election precinct on any election day, or into any building owned or occupied by any agency of the Federal Government, State Government, or political subdivision thereof; or

7. Carries a firearm, whether loaded or unloaded, or any other weapon readily capable of lethal use into any school, onto any school bus, or onto the premises of any function or activity sponsored or sanctioned by school officials or the district school board.

B. Subparagraphs (1), (3), (4), (6) and (7) of Subsection (A) of this Section shall not apply to or affect any of the following when such uses are reasonably associated with or are necessary to the fulfillment of such person's official duties:

1. All State, County and Municipal Peace Officers who have completed the training required by the Police Officer Standards and Training Commission pursuant to Sections 590.030 to 590.050, RSMo., and who possess the duty and power of arrest for violation of the general criminal laws of the State or for violation of ordinances of Counties or Municipalities of the State, whether such officers are on or off duty, and whether such officers are within or outside of the law enforcement agency's jurisdiction, or all qualified retired Peace Officers, as defined in Subsection (10) of Section 571.030, RSMo., and who carry the identification defined in Subsection (11) of Section 571.030, RSMo., or any person summoned by such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer;

2. Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime;

3. Members of the Armed Forces or National Guard while performing their official duty;

4. Those persons vested by Article V, Section 1 of the Constitution of Missouri with the judicial power of the State and those persons vested by Article III of the Constitution of the United States with the judicial power of the United States, the members of the Federal judiciary;

5. Any person whose bona fide duty is to execute process, civil or criminal;

6. Any Federal Probation Officer or Federal Flight Deck Officer as defined under the Federal Flight Deck Officer Program, 49 U.S.C. Section 44921;

7. Any State Probation or Parole Officer, including supervisors and members of the Board of Probation and Parole;

8. Any corporate security advisor meeting the definition and fulfilling the requirements of the regulations established by the Board of Police Commissioners under Section 84.340, RSMo.;

9. Any coroner, deputy coroner, medical examiner or assistant medical examiner; and

10. Any prosecuting attorney or assistant prosecuting attorney or any circuit attorney or assistant circuit attorney who has completed the firearms safety training course required under Subsection (2) of Section 571.111, RSMo.

C. Subparagraphs (1), (5), (6) and (7) of Subsection (A) of this Section do not apply when the actor is transporting such weapons in a non-functioning state or in an unloaded state when ammunition is not readily accessible or when such weapons are not readily accessible. Subparagraph (1) of Subsection (A) of this Section does not apply to any person twenty-one (21) years of age or older transporting a concealable firearm in the passenger compartment of a motor vehicle, so long as such concealable firearm is otherwise lawfully possessed, nor when the actor is also in possession of an exposed firearm or projectile weapon for the lawful pursuit of game, or is in his/her dwelling unit or upon premises over which the actor has possession, authority or control, or is traveling in a continuous journey peaceably through this State. Subparagraph (7) of Subsection (A) of this Section does not apply if the firearm is otherwise lawfully possessed by a person while traversing school premises for the purposes of transporting a student to or from school, or possessed by an adult for the purposes of facilitation of a school-sanctioned firearm-related event.

D. Subparagraphs (1), (6) and (7) of Subsection (A) of this Section shall not apply to any person who has a valid concealed carry endorsement issued pursuant to Sections 571.101 to 571.121, RSMo., or a valid permit or endorsement to carry concealed firearms issued by another State or political subdivision of another State.
 

kylemoul

Regular Member
Joined
Jan 1, 2011
Messages
640
Location
st louis
Is the below St. Charles City Code?:

yes it is. they rewrote their city ordinances and loosened up a little. they no longer have a restriction for "public assemblage" as they called it.
SECTION 215.960

as long as you do not carry your firearm and use it in a threatening and unlawful manner you are fine. there is nothing that restricts OPEN carry freak4cycles. i open carry 24/7 in saint charles city.
 

svh

New member
Joined
Dec 2, 2012
Messages
8
Location
St. Peters
What time at JJs ?


I am a new member, though long time lurker. No new member intro page ???
 

mspgunner

Regular Member
Joined
Feb 6, 2009
Messages
1,966
Location
Ellisville, Missouri, USA
What time at JJs ?


I am a new member, though long time lurker. No new member intro page ???

10:00 on the 9th, hope you can make it, we are expecting a good turn out. I'll probably get there a little after 9:30. Others tend to come early and stay late too!

I'll be the guy with the firearm on his hip......

a few of us were talikg on Facebook, we thought it was today! It's the 9th!
 
Last edited:

svh

New member
Joined
Dec 2, 2012
Messages
8
Location
St. Peters
Thanks, will be outa town, but I will try to come back early. Hopefully will see you guys (or gals) one week from today.
 

freak4cycles

Regular Member
Joined
Jul 24, 2012
Messages
46
Location
St Charles
Ok thanks

Would always love to descuss this in person of course but thanks for the info here. I have also posted this meet up on a Facebook group. I hope turnout is huge ...thanks
 
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