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Carrying on personal property?

Big Boy

Regular Member
Joined
Aug 14, 2009
Messages
443
Location
STL, MO
On personal property you can CC or OC even if you don't have a CCW permit and even if there are city ordinances against OC, correct?

Please correct me if I am wrong.

If I am correct can you please link me to the laws that support this? Or explain how/where the lack of laws don't make it illegal.


I told someone I was pretty sure that is how it worked, but he wanted to see the corresponding law before going for it and I don't blame him considering I couldn't remember 100%
 

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
I give Big Boy permission.

Since he's looking for permission to exercise a right, I'll give him that warm and fuzzy feeling inside.
 

Big Boy

Regular Member
Joined
Aug 14, 2009
Messages
443
Location
STL, MO
RSMO 571.030

There is no law that says you can, only laws that say where you cannot.

RSMO 571.030 SNIP:
Subdivisions (1), (5), (8), and (10) of subsection 1 of this section do not apply when the actor is transporting such weapons in a nonfunctioning state or in an unloaded state when ammunition is not readily accessible or when such weapons are not readily accessible. Subdivision (1) of subsection 1 of this section does not apply to any person nineteen** years of age or older or eighteen years of age or older and a member of the United States Armed Forces, or honorably discharged from the United States Armed Forces, 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 or her dwelling unit or upon premises over which the actor has possession, authority or control, or is traveling in a continuous journey peaceably through this state. Subdivision (10) of subsection 1 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 or club event.

Thank you OC for ME, you linked me to what I was looking for (shown above in bold). I didn't remember that section being in there, thought it may have been more tied to property law.


davidmcbeth, your comment was useless, and in fact the flippant attitude could get people in trouble. While we all believe in our rights, unfortunately some of them have been eroded by laws that slipped into place.

571.030. makes carrying a concealed weapon illegal right off the bat.

1. A person commits the crime of unlawful use of weapons if he or she knowingly:

(1) Carries concealed upon or about his or her person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use

It's only the subsection later, that lists exceptions. There are a lot of them, but one of the exceptions is "or is in his or her dwelling unit or upon premises over which the actor has possession, authority or control" This is the exact part of the law I was looking for. If it were not for this exception then it would be illegal to do so.

There is nothing wrong with checking the laws and making sure you are right, especially when giving advice to someone else. Owning and carrying a gun is a right. But until constitutional carry is given some case law support with amendment 5 as the backing, we are still working around the laws written and currently in place for Missouri
 
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OC for ME

Regular Member
Joined
Jan 6, 2010
Messages
12,452
Location
White Oak Plantation
Been this way since 2003 (as far back as the state website goes).
2003 - Subdivision (1) of subsection 1 of this section does not apply when the actor is also in possession of an exposed firearm or projectile weapon for the lawful pursuit of game, or is in his dwelling unit or upon business premises over which the actor has possession, authority or control, or is traveling in a continuous journey peaceably through this state.

2013 - Subdivision (1) of subsection 1 of this section does not apply to any person nineteen** years of age or older or eighteen years of age or older and a member of the United States Armed Forces, or honorably discharged from the United States Armed Forces, 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 or her dwelling unit or upon premises over which the actor has possession, authority or control, or is traveling in a continuous journey peaceably through this state.
 
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