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OC - can you get a disturbing the peace ticket?

ksks

Regular Member
Joined
May 6, 2011
Messages
112
Location
wi
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.
 

okiebryan

Regular Member
Joined
Sep 26, 2011
Messages
447
Location
Director, Oklahoma Open Carry Association
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.
 

Festus_Hagen

Regular Member
Joined
Feb 19, 2010
Messages
490
Location
Jefferson City, Mo., ,
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.
 

HYRYSC

Regular Member
Joined
Jan 12, 2009
Messages
204
Location
Somewhere in MO
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.
 

mspgunner

Regular Member
Joined
Feb 6, 2009
Messages
1,966
Location
Ellisville, Missouri, USA
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.
 

ksks

Regular Member
Joined
May 6, 2011
Messages
112
Location
wi
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:

mspgunner

Regular Member
Joined
Feb 6, 2009
Messages
1,966
Location
Ellisville, Missouri, USA
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. That’s why a civilian policewoman from off base was the one whose marksmanship ended Maj. Nidal Malik Hasan’s 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.
 

bmhenry

New member
Joined
Aug 7, 2013
Messages
20
Location
Missouri
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/Published/115084.p.pdf
 
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