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Thread: bolivar open carry

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    bolivar open carry

    dose any one live in bolivar mo open carry

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    Illegal unless you have a ccw

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    but ive seen a guy do it all the time

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    You may very well have.... with a CCW its legal OR maybe a plain clothes LEO OR he was breaking the law.




    6. Openly carries a firearm or any other weapon readily capable of lethal use except in Hunting Heritage Protection Areas as defined in Section 252.243, RSMo.;

    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.

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    Section 252.243, RSMo to my under standing is saying i cant shoot a firearm here not carry it

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    SECTION 225.285: WEAPONS -- CARRYING CONCEALED -- OTHER UNLAWFUL USE
    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;

    2. Sets a spring gun;

    3. Discharges or shoots a firearm except in Hunting Heritage Protection Areas as defined in Section 252.243, RSMo.;

    4. Exhibits, in the presence of one or more persons, any weapon readily capable of lethal use in an angry or threatening manner;

    5. Possesses a firearm or projectile weapon while intoxicated;

    6. Openly carries a firearm or any other weapon readily capable of lethal use except in Hunting Heritage Protection Areas as defined in Section 252.243, RSMo.;

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    Quote Originally Posted by oger11c View Post
    Section 252.243, RSMo to my under standing is saying i cant shoot a firearm here not carry it
    You will note the really large font.

    Hunting heritage protection areas designated, where--no TIF projects permitted, exceptions--discharge of firearms prohibited--areas not included.

    252.243. 3. The discharge of firearms for lawful hunting, sporting, target shooting, and all other lawful purposes shall not be prohibited in hunting heritage protection areas, subject to all applicable state and federal laws, and local ordinances prohibiting hunting or the discharge of firearms adopted before August 28, 2007.
    The discharge of firearms is regulated, or not, by 252.243.
    "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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    To go with what OC for Me posted, there's RSMO 563.074 that protects you if you have to discharge your firearm in self-defense. If you're found justified you have an absolute defense and you are protected from criminal prosecution as well as civil lawsuit.
    Last edited by REALteach4u; 01-07-2013 at 01:51 PM.

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    Yes, you can OC, but only WITH a CCW license.

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    ya but i called the the bolivar pd and thay said i can open carry without a ccw
    Last edited by oger11c; 01-10-2013 at 01:29 PM.

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    Most Leo doesn't know every law. But your going to want some kind of writen proof of the change in the law.

    Your not going to have a good defence in court by just saying officer so an so said it was legal. Get written proof and post it. I would love to OC here but I follow the law and currently everything I have found says you need a ccw to Oc

  12. #12
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    REALteach4u is 100% correct. You must understand that a absolute defense is not a "will not get arrested" card, it is a "stay out of jail" card. Only if you are found by LE to have been justified. If they do not determine via the evidence that you were justified then your fate is left to a jury. LE determines, via the evidence, whether or not you need to remain in custody. The cops are pretty good about figuring our quick like a bunny whether or not you were justified. Then they will "say" something (present the findings of their investigation) to the prosecutor and that person usually will not pursue charges.

    "Shall/does not apply" is not the same as a absolute defense. Shall/does not apply means that you can not be prosecuted, let alone be arrested. Then the arrest, if it occurs, for a legal activity will be found to have been conducted in error. CCWing on your endorsement, if required in those jurisdictions, becomes a sticky issue for the arresting officer who just arrested you because he thought he knew the law.

    563.026.2.......Whenever evidence relating to the defense of justification under this section is offered, the court shall rule as a matter of law whether the claimed facts and circumstances would, if established, constitute a justification.

    3. The defense of justification under this section is an affirmative defense.

    http://www.moga.mo.gov/statutes/C500-599/5630000026.HTM
    What the above means is that you, or your attorney, must affirm your justification under the statute and then you must meet the standard postulated in my opening statement.
    "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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    Quote Originally Posted by oger11c View Post
    ya but i called the the bolivar pd and thay said i can open carry without a ccw
    Read the law and then you decide if they are right. Or don't and take a chance.

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    RSMO 225.285 earlier cited does not exist. Here is a link to the RSMO directory. http://www.moga.mo.gov/statutes/statutes.htm

    As long as the city of Bolivar does not have an ordinance banning open carry it is legal. If you take a look at RSMO 571.030 it reads the same as what was earlier cited as being 225.285, however there is no clause about open carry.
    Last edited by FF8126; 01-14-2013 at 06:04 AM.

  15. #15
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    Quote Originally Posted by FF8126 View Post
    RSMO 225.285 earlier cited does not exist. Here is a link to the RSMO directory. http://www.moga.mo.gov/statutes/statutes.htm

    As long as the city of Bolivar does not have an ordinance banning open carry it is legal. If you take a look at RSMO 571.030 it reads the same as what was earlier cited as being 225.285, however there is no clause about open carry.
    225.285 is not a RSMo it is a local ordinance for Bolivar, it seems.
    "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

  16. #16
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    Quote Originally Posted by OC for ME View Post
    225.285 is not a RSMo it is a local ordinance for Bolivar, it seems.
    That makes sense. Does anyone happen to have a link to bolivar city ordinances. Just out of curiosity. I pass through there quite a bit and stop to get gas there. I would be interested in reading the ordinances.

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