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Changes to OC?

unknownskies

Newbie
Joined
Feb 14, 2015
Messages
4
Location
Independence MO
So I went into bass pro today to go shoot, was talking with the guy and he had told me that now you have to have a CCW to open carry?

Is this true? Did they change the law to now to open carry you must have a CCW? I know I had saw online about the change that a city cannot ban open carry because it is a state law, but if someone could inform me about that would be great.
 

kcgunfan

Regular Member
Joined
Feb 22, 2011
Messages
1,002
Location
KC
You basically have it right, if a city has banned OC, you can anyways if you have a CCW permit.

Sent from my Nexus 5 using Tapatalk
 

unknownskies

Newbie
Joined
Feb 14, 2015
Messages
4
Location
Independence MO
I'm talking about cities where it's not banned. Like Independence, he basically told me you have to have your CCW to open carry no matter where you go whether it's banned or not.
 

logunowner

Regular Member
Joined
May 1, 2013
Messages
219
Location
Lake Ozark, Mo
I'm talking about cities where it's not banned. Like Independence, he basically told me you have to have your CCW to open carry no matter where you go whether it's banned or not.

SB656 was passed that allows the open carry of firearms with a CCW in cities that have outlawed such activities, there is no change regarding cities that have no ordinances against open carry.
 

fjpro2a

Regular Member
Joined
Jun 27, 2010
Messages
280
Location
North Carolina
Not Easy, huh?

Unknownskies,
See it difficult it is to get a direct answer to your question? This seems to be the norm in most cases. I honestly don't know why.
 

deepdiver

Campaign Veteran
Joined
Apr 2, 2007
Messages
5,820
Location
Southeast, Missouri, USA
To put it a slightly different way:
Missouri CCW laws created state preemption of CC, ie cities could not enforce any ordinance against CC that was more restrictive than state law on the matter.
Missouri had no state preemption on OC (actually state law was moot as to OC so no state statute restrictions) but cities could pass whatever limitations they wanted on OC.
SB636 created state preemption as to OC for anyone with a valid CC permit/license.

So, no CC license/permit, nothing changes. You can still OC wherever and however you could before SB636 and can't wherever it is illegal by ordinance.

If you do have a CC license/permits (MO recognizes all other states' CC license/permit) state law now covers you on OC and no municipality can pass a law more restrictive than state law which as a practical matter means that you can OC/CC same rules state wide.

TL;DR: No CCW, SB636 changes nothing for OC for you
Have a CCW and CC/OC are interchangeable.
 
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Richieg150

Regular Member
Joined
Nov 22, 2006
Messages
432
Location
Show Me State
So I went into bass pro today to go shoot, was talking with the guy and he had told me that now you have to have a CCW to open carry?

Is this true? Did they change the law to now to open carry you must have a CCW? I know I had saw online about the change that a city cannot ban open carry because it is a state law, but if someone could inform me about that would be great.
You can legally OC at Bass Pro in Independence without a CCW, because Independence does not have a City Ordinance prohibiting OC. I do business there at least once week, and OC, and had never had any issues.
 

unknownskies

Newbie
Joined
Feb 14, 2015
Messages
4
Location
Independence MO
See and that is what I was wondering. I went in there, and he had told me that it is now illegal to OC without a CCW. I didn't think that sounded right. I get the whole law that in cities where OC is banned you must have a valid CCW, but I was talking about Independence which last I knew OC was legal without a CCW and when he had told me that I couldn't open carry without a ccw in Independence it didn't make sense to me.
 

Maverick9

Regular Member
Joined
Apr 7, 2013
Messages
1,404
Location
Mid-atlantic
They're hoping these laws will confuse the common criminal to the point where they just use pointed sticks instead. You know the ones that follow the laws.
 

MAC702

Campaign Veteran
Joined
Jul 31, 2011
Messages
6,331
Location
Nevada
And now write to Bass Pro Shops and ask that their employees not give legal advice. Most store managers will readily agree with this.
 

Redbaron007

Regular Member
Joined
Sep 10, 2011
Messages
1,613
Location
SW MO
And now write to Bass Pro Shops and ask that their employees not give legal advice. Most store managers will readily agree with this.
^^^
Agree..

A couple of years ago, I dealt with BPS here on checking guns, whether CCwing or OCing.... Loss prevention runs the doors and their policy was all guns had to be checked and triggered locked. Over the course of a week, there were many conversations about BPS being pro 2A when in fact, they weren't. Then it came down; if you have a CCW, no disclosure needed...obviously OC speaks for itself. The guns they wanted to lock are those coming in for repair and/or folks who don't have a CCW and weren't OCing. Many were coming in in range bags for the pistol range/gunsmith.

Now I walk in with my range bag.......and one on my hip......generally nothing is said.
 

BB62

Accomplished Advocate
Joined
Aug 17, 2006
Messages
4,069
Location
Cincinnati, Ohio, USA
So I went into bass pro today to go shoot, was talking with the guy and he had told me that now you have to have a CCW to open carry?

Is this true? Did they change the law to now to open carry you must have a CCW? I know I had saw online about the change that a city cannot ban open carry because it is a state law, but if someone could inform me about that would be great.
If you're into RIGHTS rather than privileges, maybe you (and the guy at Bass Pro) should learn some more about Amendment 5 / Article 1, Section 23 of the Missouri Constitution.

I'll throw my challenge out here as I have elsewhere: find me a Missouri city which is willing to take their (IMHO unconstitutional) prohibition on OC to court, and I (or we) will put them to the test.
 

OC for ME

Regular Member
Joined
Jan 6, 2010
Messages
12,452
Location
White Oak Plantation
Unknownskies,
See it difficult it is to get a direct answer to your question? This seems to be the norm in most cases. I honestly don't know why.
This may be true in NJ, that bastion of liberty..re the 2A, but here in Flyover Country...MO, post # 2 answered the question correctly and directly.

Based on your post history, your last statement is fitting.
 

Ezek

Regular Member
Joined
Jan 19, 2015
Messages
411
Location
missouri
Independence municipal code on lawful use of weapons mentions nothing about OC of a firearm as unlawful ( barring state buildings and parks of course) as such the municipality of independence, is OC legal without a CCW license, the bass pro employee was wrong.

However without a CCW you have to play checkerboard with your travel plans within the KC and outlying suburbian regions.
 

BB62

Accomplished Advocate
Joined
Aug 17, 2006
Messages
4,069
Location
Cincinnati, Ohio, USA
Independence municipal code on lawful use of weapons mentions nothing about OC of a firearm as unlawful ( barring state buildings and parks of course) as such the municipality of independence, is OC legal without a CCW license, the bass pro employee was wrong.

However without a CCW you have to play checkerboard with your travel plans within the KC and outlying suburbian regions.
Various municipalities want you to THINK you have to "play checkerboard with your travel plans".

As I said previously: "I'll throw my challenge out here as I have elsewhere: find me a Missouri city which is willing to take their (IMHO unconstitutional) prohibition on OC to court, and I (or we) will put them to the test."

So far all I've heard is crickets.
 

Ezek

Regular Member
Joined
Jan 19, 2015
Messages
411
Location
missouri
Various municipalities want you to THINK you have to "play checkerboard with your travel plans".

As I said previously: "I'll throw my challenge out here as I have elsewhere: find me a Missouri city which is willing to take their (IMHO unconstitutional) prohibition on OC to court, and I (or we) will put them to the test."

So far all I've heard is crickets.



Unfortunately, their prohibition through the extremely costly court fines is rather effective and why I would rather avoid the potential to be bankrupted fighting it. unless your willing to foot the bill.
 

REALteach4u

Regular Member
Joined
Nov 25, 2010
Messages
428
Location
Spfld, Mo.
So I went into bass pro today to go shoot, was talking with the guy and he had told me that now you have to have a CCW to open carry?

Is this true? Did they change the law to now to open carry you must have a CCW? I know I had saw online about the change that a city cannot ban open carry because it is a state law, but if someone could inform me about that would be great.

It technically ONLY applies to those with a CCW permit. The other application is in cities where OC is prohibited, an exemption is given at the state level if one has a CCW permit. The bigger problem is that the police can now use open carry as cause to stop and check you for a CCW permit. Have fun with this one given the reputation of us having to re-train and educate law enforcement officers across this state.
 
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