Results 1 to 12 of 12

Thread: Quick Open Carry question

  1. #1
    Regular Member
    Join Date
    Jan 2013
    Location
    Fenton
    Posts
    3

    Quick Open Carry question

    Currently Misouri law does not allow one to carry a concealed weapon into a bar or business in which their sales are alcohol. Does this apply to open carrying as well?

  2. #2
    Regular Member Superlite27's Avatar
    Join Date
    Jul 2007
    Location
    God's Country, Missouri
    Posts
    1,279
    Quote Originally Posted by AriesDragon View Post
    Currently Misouri law does not allow one to carry a concealed weapon into a bar or business in which their sales are alcohol. Does this apply to open carrying as well?
    Missouri law only forbids you to carry in a legally defined bar (establishment that derives over 50% of its revenue from the sale of alcohol) without the owner's consent. If the business is only a restaurant that serves alcohol, such as Applebees, or Chili's, or you have the permission of the bar owner, Missouri law does not prevent you from carrying in any manner you choose in the areas that local ordinance doesn't criminalize open carry.

    First, since Missouri fails to have full state pre-emption regarding OC, you'll have to personally check if the area you wish to OC in has any ordinances forbidding it. I suggest Sullivan Publications, or Municode. However, it's possible your city isn't listed, so I would then trot down to the local courthouse and ask to see a copy of local ordinances.

    I would NOT call or ask the local law enforcement as the answer you'll almost always get is, "No, it isn't legal" or "Don't do it anyway because it will only cause problems.". Either answer has the likelihood of being true as if you would have simply guessed for yourself in the first place.

    There are very few places that outlaw OC outside of St. Louis or some places near K.C. that I'm unfamiliar with.Cape Girardo is one.

  3. #3
    Regular Member
    Join Date
    Jun 2012
    Location
    Somewhere
    Posts
    111
    Missouri laws do not grant permission to do anything. They only say what you're not supposed to do. If it is not listed in the Missouri laws as illegal, then it is presumably legal unless dictated otherwise.

  4. #4
    Regular Member mechanicworkman's Avatar
    Join Date
    May 2011
    Location
    St. Louis
    Posts
    200
    Quote Originally Posted by AriesDragon View Post
    Currently Misouri law does not allow one to carry a concealed weapon into a bar or business in which their sales are alcohol.
    This appears to be a statement..............which would also appear to be incorrect.

    Does this apply to open carrying as well?
    Seeing how this has a question mark at the end it would be more of a question? ................I Know what your thinking captain obvious has struck again!

    I am a bit leery of how to exactly answer this as the thread post was made by someone with only 1 post.

    Mabe some more background of the context surrounding this question would be nice!
    -----------------------------------------------------------
    "The shores of history are littered with the wrecks of civilizations, where once free men trusted their rights and liberty to a wholly centralized government"

  5. #5
    Regular Member Boba Fett's Avatar
    Join Date
    Jan 2012
    Location
    Fair Grove, Missouri
    Posts
    206
    Quote Originally Posted by SixGunCowboy View Post
    Missouri laws do not grant permission to do anything. They only say what you're not supposed to do. If it is not listed in the Missouri laws as illegal, then it is presumably legal unless dictated otherwise.
    I'm afraid you are incorrect. 037 says it is legal to flash. I believe it's a newer law.


    Open display of firearm permitted, when.
    RSMO 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."

    http://www.moga.mo.gov/statutes/C500-599/5710000037.HTM

    Doesn't make much sense huhh? Open carry is legal, so why is this crazy law even needed? Next thing they'll make a law saying it's ok if you're shirt becomes briefly untucked.
    I would have a 200x15 userbar here, but images are sadly not allowed in signatures.

  6. #6
    Regular Member mspgunner's Avatar
    Join Date
    Feb 2009
    Location
    Ellisville, Missouri, USA
    Posts
    1,966
    There were many reasons for this law....... many, but I won't nickle and dime it, you should have been there.
    The law exists basically because if you are in a municipality that prohibits OC and your firearm shows briefly you theoretically could be arrested.
    The law which was sought, but watered down on the floor of the house was to give the people of Missouri greater open carry freedom.
    It didn't happen. There are many reasons it got killed on the House floor after passing committee, but I won't bore you.

    We just move on to this year and see what if anything happens. End of story for now, but stay tuned.

    Quote Originally Posted by Boba Fett View Post
    I'm afraid you are incorrect. 037 says it is legal to flash. I believe it's a newer law.


    Open display of firearm permitted, when.
    RSMO 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."

    http://www.moga.mo.gov/statutes/C500-599/5710000037.HTM

    Doesn't make much sense huhh? Open carry is legal, so why is this crazy law even needed? Next thing they'll make a law saying it's ok if you're shirt becomes briefly untucked.
    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

  7. #7
    Regular Member mechanicworkman's Avatar
    Join Date
    May 2011
    Location
    St. Louis
    Posts
    200

    "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."


    Doesn't make much sense huhh? Open carry is legal, so why is this crazy law even needed? Next thing they'll make a law saying it's ok if you're shirt becomes briefly untucked.
    I regularly ride my Harley while carrying and as many riders know your shirt will from time to time fly up a little. I was happy when this law passed giving some clarity if a fellow driver were to look over and see it and make a MWAG call so all in all i wouldn't say some laws being passed are a total loss or make no sense!
    -----------------------------------------------------------
    "The shores of history are littered with the wrecks of civilizations, where once free men trusted their rights and liberty to a wholly centralized government"

  8. #8
    Regular Member
    Join Date
    Apr 2009
    Location
    Southern MO
    Posts
    513
    Quote Originally Posted by Boba Fett View Post
    I'm afraid you are incorrect. 037 says it is legal to flash. I believe it's a newer law.


    Open display of firearm permitted, when.
    RSMO 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."

    http://www.moga.mo.gov/statutes/C500-599/5710000037.HTM

    Doesn't make much sense huhh? Open carry is legal, so why is this crazy law even needed? Next thing they'll make a law saying it's ok if you're shirt becomes briefly untucked.
    Not as a crazy law as you might think. I always carry OWB with a untucked shirt covering the holster and firearm. In some places such as a little town near me by ordinance is is illegal to open carry. Now if I was to be in that little town and the wind briefly blew my shirt tail up and exposed my weapon a butt head cop (and they do have one) could arrest me for violating their no OC ordinance if it were not for that RSMO 571.037 being in effect.

  9. #9
    Regular Member mspgunner's Avatar
    Join Date
    Feb 2009
    Location
    Ellisville, Missouri, USA
    Posts
    1,966
    Quote Originally Posted by 9026543 View Post
    Not as a crazy law as you might think. I always carry OWB with a untucked shirt covering the holster and firearm. In some places such as a little town near me by ordinance is is illegal to open carry. Now if I was to be in that little town and the wind briefly blew my shirt tail up and exposed my weapon a butt head cop (and they do have one) could arrest me for violating their no OC ordinance if it were not for that RSMO 571.037 being in effect.
    Correct! But we wanted a lot more than the "Flash" amendment. We'll see.....
    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

  10. #10
    Regular Member Boba Fett's Avatar
    Join Date
    Jan 2012
    Location
    Fair Grove, Missouri
    Posts
    206
    You can still be charged with city ordinance though, right? In Springfield there's a ton of restrictions on CC on the books, even though state law supposedly pre-empts CC. Wouldn't this be the same way?
    I would have a 200x15 userbar here, but images are sadly not allowed in signatures.

  11. #11
    Regular Member mspgunner's Avatar
    Join Date
    Feb 2009
    Location
    Ellisville, Missouri, USA
    Posts
    1,966
    Quote Originally Posted by Boba Fett View Post
    You can still be charged with city ordinance though, right? In Springfield there's a ton of restrictions on CC on the books, even though state law supposedly pre-empts CC. Wouldn't this be the same way?
    Many cities never changed their laws after CCW wnt into efect. They cannot be enforced bacause the State of Missouri preempts all laws related to firearms except discharge of a firearm within a City limit and open carry. Everything else is preempted.
    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

  12. #12
    Regular Member Boba Fett's Avatar
    Join Date
    Jan 2012
    Location
    Fair Grove, Missouri
    Posts
    206
    VERY enlightening seeing as Springfield has all kinds of regulations on CC. Glad to know they don't hold force of law. Better yet, concealed is concealed, so we're twice in the right.
    I would have a 200x15 userbar here, but images are sadly not allowed in signatures.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •