(Howdy all, a lurker finally signs up!)
I want to exercise the right to carry a handgun in car (MO: "concealable firearm in the passenger compartment of a motor vehicle") and doing some research in preparation, I keep seeing local laws that seem to conflict with it in city and county code. This especially shows up in code for parks. For example, Jackson county code chapter 50* and 55**. Cities have similar code.
Usually (although not always) city and county local codes explicitly mentions an exception for CCW, matching the state law, but they don't do that for the car carry. And although the state law is about a "concealable" arm, that just means a handgun, and yes my question relates to the OC lifestyle because this part of the law is for people who do not have a CCW permit. I plan to use car carry extensively and OC where allowed, and I don't have CCW.
Does anyone know for sure whether the state car carry law trumps local ordinance in this type of situation, where the firearm remains in the vehicle while driving through or parking in the park?
This is important to me because I often visit the Jackson country parks, and am hoping I can continue doing that after I start to car carry.
If the local restrictions prevail over the state car carry, that certainly would make it difficult to utilize the intended freedom and self defense protection of that state law in practice, because so many local ordinances prohibit firearms. (Not to mention sling shots and pea shooters! )
* 5015. Firearms and Other Weapons.
No person other than police officers or others authorized by law shall use, carry or possess
any long bow, cross bow or sling shot, pistol, revolver, rifle, shotgun, air gun, spring gun or
any other weapon in which the force used to propel projectiles is gun powder, air,
compressed air or springs, or any instrument that can be loaded with and fire blank
cartridges, on any Jackson County Park System property except at shooting ranges
authorized by the director of parks and recreation or as otherwise permitted by this chapter.
(Ord. 1447, Eff. 07/11/86)
** 5534.3 Weapons on Public Property.
No person shall carry any firearm, blackjack, martial arts instrument, knuckles, knife,
projectile weapon, gas gun, switchblade or butterfly knife, stun gun or taser, or any
other weapon readily capable of lethal use onto any property belonging to or leased
by the county. This subsection shall not apply to any person who has a valid
concealed carry endorsement issued pursuant to § 571.094, RSMo, or a valid permit
or endorsement to carry concealed firearms issued by another state or political
subdivision of another state, with regard to the carrying of the type of firearm
specified in the endorsement or permit. (Ord. 2106, Eff. 6/16/92; Ord. 3423, Eff. 10-
08-03; Ord. 3866, Eff. 01/23/07)
I want to exercise the right to carry a handgun in car (MO: "concealable firearm in the passenger compartment of a motor vehicle") and doing some research in preparation, I keep seeing local laws that seem to conflict with it in city and county code. This especially shows up in code for parks. For example, Jackson county code chapter 50* and 55**. Cities have similar code.
Usually (although not always) city and county local codes explicitly mentions an exception for CCW, matching the state law, but they don't do that for the car carry. And although the state law is about a "concealable" arm, that just means a handgun, and yes my question relates to the OC lifestyle because this part of the law is for people who do not have a CCW permit. I plan to use car carry extensively and OC where allowed, and I don't have CCW.
Does anyone know for sure whether the state car carry law trumps local ordinance in this type of situation, where the firearm remains in the vehicle while driving through or parking in the park?
This is important to me because I often visit the Jackson country parks, and am hoping I can continue doing that after I start to car carry.
If the local restrictions prevail over the state car carry, that certainly would make it difficult to utilize the intended freedom and self defense protection of that state law in practice, because so many local ordinances prohibit firearms. (Not to mention sling shots and pea shooters! )
* 5015. Firearms and Other Weapons.
No person other than police officers or others authorized by law shall use, carry or possess
any long bow, cross bow or sling shot, pistol, revolver, rifle, shotgun, air gun, spring gun or
any other weapon in which the force used to propel projectiles is gun powder, air,
compressed air or springs, or any instrument that can be loaded with and fire blank
cartridges, on any Jackson County Park System property except at shooting ranges
authorized by the director of parks and recreation or as otherwise permitted by this chapter.
(Ord. 1447, Eff. 07/11/86)
** 5534.3 Weapons on Public Property.
No person shall carry any firearm, blackjack, martial arts instrument, knuckles, knife,
projectile weapon, gas gun, switchblade or butterfly knife, stun gun or taser, or any
other weapon readily capable of lethal use onto any property belonging to or leased
by the county. This subsection shall not apply to any person who has a valid
concealed carry endorsement issued pursuant to § 571.094, RSMo, or a valid permit
or endorsement to carry concealed firearms issued by another state or political
subdivision of another state, with regard to the carrying of the type of firearm
specified in the endorsement or permit. (Ord. 2106, Eff. 6/16/92; Ord. 3423, Eff. 10-
08-03; Ord. 3866, Eff. 01/23/07)