AriesDragon
New member
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?
-
We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
-
If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
-
Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.
Quick Open Carry question
- Thread starter AriesDragon
- Start date
Superlite27
Regular Member
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.
SixGunCowboy
Regular Member
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.
mechanicworkman
Regular Member
This appears to be a statement..............which would also appear to be incorrect.
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!
Boba Fett
Regular Member
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.
mspgunner
Regular Member
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.
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.
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.
mechanicworkman
Regular Member
"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!
9026543
Regular Member
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.
mspgunner
Regular Member
Correct! But we wanted a lot more than the "Flash" amendment. We'll see.....
Boba Fett
Regular Member
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?
mspgunner
Regular Member
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.
Boba Fett
Regular Member
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.