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Thread: open carry in Belton and Raymore?

  1. #1
    Regular Member NavyMan08's Avatar
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    open carry in Belton and Raymore?

    http://library.municode.com/index.aspx?clientId=14819

    maybe i didnt read this good enough but i didnt see anything about open carry for belton.


    http://library.municode.com/index.aspx?clientId=14748
    (4)

    Concealed Weapons. No person shall directly or indirectly carry any concealed weapon capable of lethal use onto any portion of a building owned, leased, or controlled by the City of Raymore or during any meeting of the Council or its advisory boards, commissions, or committees wherever they are held.

    (b)

    Penalties. Any person who willfully violates any of the provisions of Subsection (a) of this Section shall, upon conviction, be punishable as may be provided by law or by ordinance.
    SECTION 210.330: - 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.

    Discharges or shoots a firearm within the City limits;

    3.

    Possesses a firearm or projectile weapon while intoxicated;

    4.

    Exhibits, in the presence of one (1) or more persons a firearm or any other weapon readily capable of lethal use in an angry or threatening manner; or

    5.

    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), (2), (4) and (5) of Subsection (A) of this Section shall not apply to or affect any of the following:

    1.

    All State, County and municipal Law Enforcement Officers possessing 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, 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;

    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; and

    9.

    The discharge of firearms in connection with any turkey shoots or other charitable event authorized by the City Council.

    10.

    Exception for hunters. The prohibition of this Section shall not be construed to forbid the legal taking of game or target practice on property zoned for agricultural use when such hunting or target practice is conducted at least one hundred fifty (150) yards from any roadway, and one hundred fifty (150) yards from any dwelling or place of business.

    11.

    Exception for licensed and other specific premises. The prohibition of this Section shall not apply to licensed shooting galleries or in private grounds or premises under circumstances when such instruments can be fired, discharged, or operated in such a manner as not to endanger persons or property, and also in such a manner as to prevent the projectile from traversing any grounds or space outside the limits of such gallery grounds, or residence.

    C.

    Subparagraphs (1), (3), and (5) 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 business premises over which the actor has possession, authority or control, or is traveling in a continuous journey peaceably through the City. Subparagraph (5) 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.

    Nothing in this Section shall make it unlawful for a student to actually participate in school-sanctioned gun safety courses, student military or ROTC courses, or other school-sponsored firearm-related events, provided the student does not carry a firearm or 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.

    E.

    Subparagraphs (1), and (5) of Subsection (A) of this Section shall not apply to any person who has a valid concealed and 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.

    F.

    A concealed and carry endorsement issued pursuant to Sections 571.101 to 571.121, RSMo., or a concealed and carry endorsement or permit issued by another State or political subdivision of another State shall authorize the person in whose name the permit or endorsement is issued to carry concealed firearms on or about his or her person or vehicle throughout the City. No driver's license or non-driver's license containing a concealed and carry endorsement issued pursuant to Sections 571.101 to 571.121, RSMo, or a concealed carry endorsement or permit issued by another State or political subdivision of another State shall authorize any person to carry concealed firearms into:

    1.

    Any Police, Sheriff or Highway Patrol Office or Station without the consent of the Chief Law Enforcement Officer in charge of that office or station. Possession of a firearm in a vehicle on the premises of the office or station shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;

    2.

    Within twenty-five (25) feet of any polling place on any election day. Possession of a firearm in a vehicle on the premises of the polling place shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises.

    3.

    The facility of any adult or juvenile detention or correctional institution, prison or jail. Possession of a firearm in a vehicle on the premises of any adult, juvenile, detention or correctional institution, prison or jail shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;

    4.

    Any courthouse solely occupied by the Circuit, Appellate or Supreme Court, or any courtrooms, administrative offices, libraries or other rooms of any such court whether or not such court solely occupies the building in question. This Subparagraph shall also include, but not be limited to, any juvenile, family, drug or other court offices, any room or office wherein any of the courts or offices listed in this Subparagraph are temporarily conducting any business within the jurisdiction of such courts or offices, and such other locations in such manner as may be specified by Supreme Court Rule pursuant to Subparagraph (6) of this Subsection. Nothing in this Subparagraph shall preclude those persons listed in Subparagraph (1) of Subsection (B) of Section 210.330 while within their jurisdiction and on duty, those persons listed in Subparagraphs (1), (2), (3), (4), (5), (6), (7) and (8) of Subsection 210.030 (B), or such persons who serve in a law enforcement capacity for a court as may be specified by Supreme Court Rule pursuant to Subsection (4) of Section 210.030, from carrying a concealed firearm within any of the areas described in this Subparagraph. Possession of a firearm in a vehicle on the premises of any of the areas listed in this Subparagraph shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;

    5.

    Any meeting of the Governing Body of a unit of local government; or any meeting of the City Council or a committee of the City Council, except that nothing in this Subparagraph shall preclude a member of the body holding a valid concealed carry endorsement from carrying a concealed firearm at a meeting of the body which he or she is a member. Possession of a firearm in a vehicle on the premises shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;

    6.

    Any place where the carrying of a firearm is prohibited by Missouri State Law;

    7.

    Any establishment licensed to dispense intoxicating liquor or non-intoxicating beer for consumption on the premises, which portion is primarily devoted to that purpose without the consent of the owner or manager. The provisions of this Subparagraph shall not apply to any bona fide restaurant open to the general public having dining facilities for not less than fifty (50) persons and that receives at least fifty-one percent (51%) of its gross annual income from the dining facilities by the sale of food. This Subparagraph does not prohibit the possession of a firearm in a vehicle on the premises of the establishment and shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is in the premises. Nothing in this Subparagraph authorizes any individual who has been issued a conceal carry endorsement to possess any firearm while intoxicated;

    8.

    Any area of an airport to which access is controlled by the inspection of persons and property. Possession of a firearm in a vehicle on the premises of the airport shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;

    9.

    Any place where the carrying of a firearm is prohibited by Federal Law;

    10.

    Any higher education institution or elementary or secondary school facility without the consent of the Governing Body of the higher education or institution or a school official or the district school board. Possession of a firearm in a vehicle on the premises of any higher education institution or elementary or secondary school facility shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;

    11.

    Any portion of a building used as a childcare facility without the consent of the manager. Nothing in this Subparagraph shall prevent the operator of a child care facility in a family home from owning or possessing a firearm or a driver's license containing a conceal carry endorsement;

    12.

    Any church or other place of religious worship without the consent of the minister or person or persons representing the religious organization that exercises control over the place of religious worship. Possession of a firearm in a vehicle on the premises shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;

    13.

    Any private property whose owner has posted the premises as being off-limits to concealed firearms by means of one (1) or more signs displayed in a conspicuous place of a minimum size of eleven (11) inches by fourteen (14) inches with the writing thereon in letters of not less than one (1) inch. The owner, business or commercial lessee, manager of a private business enterprise or any other organization, entity or person may prohibit persons holding a concealed carry endorsement from carrying concealed firearms on the premises and may prohibit employees, not authorized by the employer, holding a concealed carry endorsement from carrying concealed firearms on the property of the employer. If the business or the premises are open to the public, the employer of the business enterprise shall post signs on or about the premises if carrying concealed firearms is prohibited. Possession of a firearm in a vehicle on the premises shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises. An employer may prohibit employees or other persons holding a concealed carry endorsement from carrying a concealed firearm in vehicles owned by the employer;

    14.

    Any sports arena or stadium with a seating capacity of five thousand (5,000) or more. Possession of a firearm in a vehicle on the premises shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;

    15.

    Any hospital accessible by the public. Possession of a firearm in a vehicle on the premises of a hospital shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises.

    G.

    Carrying of a concealed firearm in a location specified in Subparagraph (1) to (15) of Subsection (F) of this Section by any individual who holds concealed carry endorsement issued pursuant to Sections 571.101 to 571.121, RSMo., shall not be a criminal act but may subject the person to denial to the premises or removal from the premises. If such person refuses to leave the premises and a Peace Officer is summoned, such a person may be issued a citation for an amount not to exceed one hundred dollars ($100.00) for the first (1st) offense. If a second (2nd) citation for a similar violation occurs within a six (6) month period, such person shall be fined an amount not to exceed two hundred dollars ($200.00) and his or her endorsement to carry concealed firearms shall be suspended for a period of one (1) year. If a third (3rd) citation for a similar violation is issued within one (1) year of the first (1st) citation such person shall be fined an amount not to exceed five hundred dollars ($500.00) and shall have his or her concealed carry endorsement revoked and such person shall not be eligible for a concealed carry endorsement for a period of three (3) years. Upon conviction of charges arising from a citation issued pursuant to this Subsection, the court shall notify the Sheriff of the County which issued the certificate of qualification for a concealed carry endorsement and the Department of Revenue.

    H.

    Subparagraphs (1) to (5) of Subsection (A) of this Section shall not apply to persons who are engaged in a lawful act of defense.
    this was all raymore had, again nothing about OC
    i saw someone open carry the other day at a gas station and it got me interested.
    i dont have a ccw but i would like to get one soon but as many know its getting hard to get in a class anytime soon. so for now id like to know about open carry.
    i know its legal in MO but i know about the preemptions that let cities chose to allow it.
    i,ve read and serched alot but havent been able to find if its okay or not in these cities.
    if i cant figure it out i will call the local PD but i didnt wanna call and them tell me its not okay just cause they dont like it.
    any help hanyone can give is much appriciated!

  2. #2
    Regular Member Redbaron007's Avatar
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    From my quick review of the ordinance, OC is not prohibited. Please correct me if I'm wrong.
    "I can live for two weeks on a good compliment."
    ~Mark Twain

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    I am not a lawyer (though I charge like one )

    Laws make actions illegal. We do not write laws to MAKE things legal If you can find no law against something, it is legal.
    __________________________________________________ __________________________

    "The problem with Internet quotes is that no one has verified the source" -- Abraham Lincoln

  4. #4
    Regular Member NavyMan08's Avatar
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    Quote Originally Posted by peterarthur View Post
    I am not a lawyer (though I charge like one )

    Laws make actions illegal. We do not write laws to MAKE things legal If you can find no law against something, it is legal.
    thats kinda what i was thinking!
    Last edited by NavyMan08; 01-27-2013 at 09:31 PM.

  5. #5
    Regular Member NavyMan08's Avatar
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    i Emailed the chief of police of raymore and belton today and Chief of police in belton James Person emailed me back and this is what he said

    Eli,

    Our ordinances do not address open carry, therefore we would fall back to state statute for guidance. As long as one is not brandishing, reckless, or careless, there would not be a violation generally speaking. However, if a private or public area is posted no firearms, the area would be restricted. Further, even if an area is not posted, if a legal request is made to remove the firearm or leave , the person should comply. Refusal could lead to possible disorderly conduct, or trespassing charges.

    I hope this information is useful. I in no way discourage responsible gun ownership.



    James R. Person

    Chief of Police

    Belton MO Police Department


    sounds pretty good to me, gotta like a man whose pro-guns
    so belton is good now just to find out from raymore

  6. #6
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    Quote Originally Posted by NavyMan08 View Post
    i Emailed the chief of police of raymore and belton today and Chief of police in belton James Person emailed me back and this is what he said

    Eli,

    Our ordinances do not address open carry, therefore we would fall back to state statute for guidance. As long as one is not brandishing, reckless, or careless, there would not be a violation generally speaking. However, if a private or public area is posted no firearms, the area would be restricted. Further, even if an area is not posted, if a legal request is made to remove the firearm or leave , the person should comply. Refusal could lead to possible disorderly conduct, or trespassing charges.

    I hope this information is useful. I in no way discourage responsible gun ownership.



    James R. Person

    Chief of Police

    Belton MO Police Department


    sounds pretty good to me, gotta like a man whose pro-guns
    so belton is good now just to find out from raymore
    I emailed the City Manager at rtrivitt@belton.org:

    "I just wanted to make sure that someone was aware of a very positive interaction with the police chief, James Person. A friend of mine inquired into the local ordinances regarding open carry of firearms. I felt the chief's response to be accurate, professional and reflecting well on the Belton Police Department and law enforcement in general. I make many such contacts with municipalities and I am always glad to be able to say something positive.

    Thank Chief Person for his excellent service and have a great day!!"
    __________________________________________________ __________________________

    "The problem with Internet quotes is that no one has verified the source" -- Abraham Lincoln

  7. #7
    Regular Member NavyMan08's Avatar
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    I sent one as well. Always good to make contacts and show them we're responsible respectable gun owners and not just a bunch of guys running around with guns.
    The officers can either be your bestfriend or worst enemy when it comes to OC its up to us to make a good impression.

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    Re: Open Carry Belton/Raymore

    So, "open carry" isn't really outlawed so long as gun "carriers" do not exhibit their guns in a reckless, unprofessional or any manner that endangers others. And so long as they comply with any requests of private or public areas where firearms are "restricted" or not allowed by city law. But, otherwise the cities of Belton/Raymore does allow "open carry."

  9. #9
    Regular Member NavyMan08's Avatar
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    Quote Originally Posted by SixGunCowboy View Post
    So, "open carry" isn't really outlawed so long as gun "carriers" do not exhibit their guns in a reckless, unprofessional or any manner that endangers others. And so long as they comply with any requests of private or public areas where firearms are "restricted" or not allowed by city law. But, otherwise the cities of Belton/Raymore does allow "open carry."
    that is true for belton, im still waiting to hear back from raymore.

  10. #10
    Regular Member NavyMan08's Avatar
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    Finally heard back from Raymore today and this is what i got,

    Good afternoon and thanks for the inquiry regarding open carry. The City's weapons ordinance does not clearly address the topic. Your email indicates that you have read the ordinance. I would ask that you also review the other sections referred to and the RSMo. statute prior to any open carry so that you are familiar with other weapon violations. Please feel free to call me for additional information.



    Capt. Jim Wilson

    Raymore Police Department

    100 Municipal Cir.

    Raymore, Mo. 64083

    816-331-0530

    jwilson@raymore.com


    not really alot of help and dont seem as friendly as belton but never said it was illegal.

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