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Thread: OC - can you get a disturbing the peace ticket?

  1. #1
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    OC - can you get a disturbing the peace ticket?

    I realize there is no preemption so localities can restrict OC, but...

    1) If one carries in an allowed community, and there is a complaint, can one be given a ticket for disturbing the peace?

    2) If one carries in a community were OC is not allowed, and there is an accidental viewing, can one be ticketed for disturbing the peace?

    Thanks for your help.

  2. #2
    Regular Member okiebryan's Avatar
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    To be completely honest, one can be given a citation for anything or nothing at all at any time. There is no mechanism in place to stop this from happening if an officer decided to write you a ticket.

    Would you subsequently be prosecuted? In Oklahoma, not a chance. In Missouri, I'm not sure.

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    1) They can issue a ticket for whatever they want, but technically, no you wouldn't be.
    2) No. We have a "flash clause" that was put into a bill a few years back that out lovely NRA Rep Whitney O'Daniel came up with. If you have a CCW and "flash" your gun accidentally, it's not a crime of any kind.

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    Quote Originally Posted by ksks View Post
    I realize there is no preemption so localities can restrict OC, but...

    1) If one carries in an allowed community, and there is a complaint, can one be given a ticket for disturbing the peace?

    2) If one carries in a community were OC is not allowed, and there is an accidental viewing, can one be ticketed for disturbing the peace?

    Thanks for your help.
    The Law can be your friend, but only if you know what it is. Here is the link to the applicable portion to help answer your question.

    http://www.moga.mo.gov/statutes/C500-599/5740000010.HTM

    Missouri Revised Statutes
    Chapter 574
    Offenses Against Public Order
    Section 574.010

    Peace disturbance--penalty.

    574.010. 1. A person commits the crime of peace disturbance if:

    (1) He unreasonably and knowingly disturbs or alarms another person or persons by:

    (a) Loud noise; or

    (b) Offensive language addressed in a face-to-face manner to a specific individual and uttered under circumstances which are likely to produce an immediate violent response from a reasonable recipient; or

    (c) Threatening to commit a felonious act against any person under circumstances which are likely to cause a reasonable person to fear that such threat may be carried out; or

    (d) Fighting; or

    (e) Creating a noxious and offensive odor;

    (2) He is in a public place or on private property of another without consent and purposely causes inconvenience to another person or persons by unreasonably and physically obstructing:

    (a) Vehicular or pedestrian traffic; or

    (b) The free ingress or egress to or from a public or private place.

    2. Peace disturbance is a class B misdemeanor upon the first conviction. Upon a second or subsequent conviction, peace disturbance is a class A misdemeanor. Upon a third or subsequent conviction, a person shall be sentenced to pay a fine of no less than one thousand dollars and no more than five thousand dollars.

  5. #5
    Regular Member mspgunner's Avatar
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    The US Court of Appeals, sorry can't sight the case, ruled that if OC is legal you cannot be charged with acrime like "peace disturbance" if you are otherwise engaged in a legal activity.

    If you are engaged in a legal activity, If you do nothing wrong, it's not a crime.
    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

  6. #6
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    Thanks guys. In WI the CC law specifically spells out that OC cannot be a disturbance. Yes, because people were getting ticketed.

    I'm trying to outline the MO law so I can understand it better before I move back in a few years. This helps.

    haha..(e) Creating a noxious and offensive odor; maybe MO wont want me back!
    Last edited by ksks; 09-16-2013 at 10:00 PM.

  7. #7
    Regular Member mspgunner's Avatar
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    Michael Dixon


    My heart goes out to the families of those killed in today's act of domestic terrorism, and I am so proud of our Armed Forces personnel, our resilient Law Enforcement, Fire Fighters, and EMS responders. But I must say that I am sick and tired of seeing these scenes being played out weekly in this great nation's streets.

    As a law enforcement officer and a Sheriff I took an oath to uphold the Constitution of the United States of America and I have made every effort to ensure I do just that for my fellow citizens who elected me. For I realize that I only have these authorities because the people have consented such authority over them.

    But I must share with you that my heart is deeply troubled by these disturbing acts of violence and I am sure the focus from this terrible tragedy will be diverted to instigate another assault on our rights to bear arms. I wonder if todays acts of terror or those which occurred in Fort Hood in 2009 would have happened had Fmr. President Clinton made the decision to disarm military personnel on US bases. According to the Washington Times,

    '' In March 1993, the Army imposed regulations forbidding military personnel from carrying their personal firearms and making it almost impossible for commanders to issue firearms to soldiers in the U.S. for personal protection. For the most part, only military police regularly carry firearms on base, and their presence is stretched thin by high demand for MPs in war zones. Because of Mr. Clinton, terrorists would face more return fire if they attacked a Texas Wal-Mart than the gunman faced at Fort Hood, home of the heavily armed and feared 1st Cavalry Division. Thatís why a civilian policewoman from off base was the one whose marksmanship ended Maj. Nidal Malik Hasanís rampage''

    I think it's time American citizens and our military personnel take a stand, exercise their second amendment rights, and liberal politicians and bureaucrats need to stop their assault and efforts to restrict those rights because they took the same oath that I did, and WE THE PEOPLE are fed up!

    The other day I saw a video of how a law enforcement officer treated a group of younger women in a Missouri city who were carrying their firearm openly. I was disgusted at how they were treated as violent aggressive killers. They were at Walmart probably buying nail polish and a Subway sandwich. Its a shame people feel frightened by normal citizens being good patriots, vigilant neighbors, and responsible gun owners who take pride exercising their second amendment RIGHTS.

    I feel that Americans need to responsibly exercise their rights and the people WE ELECT to ensure our freedoms and rights need to do just that or its time to send true patriots to represent us. I am honored for having true patriots like Paul Curtman and Brian Nieves who serve their constituents excellently, uphold their oath, and make every effort to ensure our God given rights are never stripped away.

    America.... I ask you this: What else is it going to take to wake up our nation? How much more tragedy must today's children have to witness? This is my challenge: Be responsible, Exercise your rights, Vote for true defenders of liberty, and if you see something suspicious contact law enforcement.
    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

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    Quote Originally Posted by mspgunner View Post
    The US Court of Appeals, sorry can't sight the case, ruled that if OC is legal you cannot be charged with acrime like "peace disturbance" if you are otherwise engaged in a legal activity.

    If you are engaged in a legal activity, If you do nothing wrong, it's not a crime.

    I believe the case you are looking for is US V Black 4th Circuit.. Correct me if im wrong.

    http://www.ca4.uscourts.gov/opinions...d/115084.p.pdf

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