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Thread: Transporting in vehicle

  1. #1
    Regular Member div906's Avatar
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    Transporting in vehicle

    When open carrying without a ccw while driving can you leave the gun in your holster on your side still visible? And be ok if pulled over ?


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  2. #2
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    There is a three prong test in Missouri

    1. Are you 19 or older?
    2. Can you legally own the firearm? Note, you don't actually need to own it.
    3. Is it concealable ( 15 inches or less)?

    If all three answers are yes, then you can carry however you like, concealed or openly. By the way, there is no duty of inform an LEO if you are carrying.

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  3. #3
    Regular Member OC for ME's Avatar
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    Unlawful use of weapons--exceptions--penalties.

    571.030. 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; or

    (2) Sets a spring gun; or

    (3) Discharges or shoots a firearm into a dwelling house, a railroad train, boat, aircraft, or motor vehicle as defined in section 302.010, or any building or structure used for the assembling of people; or

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

    (5) Has a firearm or projectile weapon readily capable of lethal use on his or her person, while he or she is intoxicated, and handles or otherwise uses such firearm or projectile weapon in either a negligent or unlawful manner or discharges such firearm or projectile weapon unless acting in self-defense; or

    (6) Discharges a firearm within one hundred yards of any occupied schoolhouse, courthouse, or church building; or

    (7) Discharges or shoots a firearm at a mark, at any object, or at random, on, along or across a public highway or discharges or shoots a firearm into any outbuilding; or

    (8) Carries a firearm or any other weapon readily capable of lethal use into any church or place where people have assembled for worship, or into any election precinct on any election day, or into any building owned or occupied by any agency of the federal government, state government, or political subdivision thereof; or

    (9) Discharges or shoots a firearm at or from a motor vehicle, as defined in section 301.010, discharges or shoots a firearm at any person, or at any other motor vehicle, or at any building or habitable structure, unless the person was lawfully acting in self-defense; or

    (10) 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; or

    **(11) Possesses a firearm while also knowingly in possession of a controlled substance that is sufficient for a felony violation of section 195.202.

    3. 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.

    http://moga.mo.gov/mostatutes/statht...ml?&me=571.030
    RSMo 21.750 and all of 571 are good reads to be abreast of the firearm laws in Missouri.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

  4. #4
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    well according to what OC for ME psoted, it seems there is no mention of in vehicle OC

    also there is the travelling peaceably clause in it as well.

    I think you will be OK, and while you have no duty to inform he officer, I would suggest you do, in case he asks you to step out of the vehicle, that way he doesn't get surprised and nervous and shoot you.

    I wont' have this problem quite so much in summer.. I will be riding my new toy. so it's already gonna be on display.

  5. #5
    Regular Member OC for ME's Avatar
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    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, ...
    This is for you concealing a pistol under your shirt while in your vehicle. I have not heard of a single instance here in Missouri where a MO cop tried to claim that a OC'd HG was concealed because he did not see it. Could be out there, however, that news would have been put out there if it had occurred.

    Unlicensed OC is the default in MO. Have a CCW permit with you to keep you outta jail if you travel through a jurisdiction that has enacted a OC ban as granted in RSMo 21.750.3.

    21.750.3 has the OC with a permit language as a result of Amendment 5.

    State Troopers seem to be a wee bit more nervous from what I have heard.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

  6. #6
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    I want to advise caution here, because I believe for your question the current interpretations of the law are much more gray in this area than we really want to admit on this forum. Let me explain why.

    571.030.3 ensures that 571.030.1(1) Does not apply to a concealed weapon in a vehicle, but says nothing about OC in a vehicle.

    Yes Open Carry is default unless otherwise restricted, and there are no state restrictions on OC'ing in a car that I'm aware of. However, despite constitutional questions, according to MO statue OC regulation is only preempted if you are OC'ing with a CCW permit, meaning without a CCW permit honored in our state, there's the potential to run afoul of local and county laws. Many have argued that our constitutional amendments have since made OC a right and those local & county laws are now invalid, but it has yet to be tested in court how much that applies to preemption without a CCW. Unless you are willing to risk being that test case, I wouldn't recommend OC'ing without a CCW permit.

    However, 571.030.3 seems to imply CCW is permitted within a vehicle (and only in a vehicle), even without a CCW permit, so you may be able to simply conceal it while passing through our state. That was added many years ago to reduce car jacking in STL, well before MO had a CCW permit. I'm not a lawyer, so read that section for yourself or consult an attorney

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