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Thread: Excelsior spings OC ordinance question

  1. #1
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    Excelsior Springs city ordinance.

    "SECTION 230.590: UNLAWFUL USE OF WEAPON

    A. A person commits the offense of unlawful use of weapons if he/she knowingly:

    1. Carries concealed on or about his/her person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use."

    I'm unsure of the "about his person" part. Does that mean concealed about his person or just about his person like in a holster un-concealed?

    Blue Springs – YES
    A. 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.

    Now that's from the .txt file from another thread and blue springs and a few other cities use the same language so i'm assuming i'm gtg?

  2. #2
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    mimmerzim,

    They both state the same thing, concealed...that is whatis prohibited...if you have a LTC you will be good to ccw. I don't understand your confusion on "about his person" and then asking if it would apply to an un-concealed weapon? The phrase "about his person" would be within arms reach and concealed, say a back pack or a saddle bag on a horse. Does this clear it up?

    I hope this helps and don't consider this legal advice.



  3. #3
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    Excelsior Spring Violates MRS 21.750.2

    The issue is really addressed by MRS 21.750.2 which says:

    2. No county, city, town, village, municipality, or other political subdivision of this state shall adopt any order, ordinance or regulation concerning in any way the sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permit, registration, taxation other than sales and compensating use taxes or other controls on firearms, components, ammunition, and supplies except as provided in subsection 3 of this section.

    So, what do they not understand about this. I have contacted the Missouri Attorney Generals office, the Gun Owners of America and the good ol' NRA about this issue. The voting gun owners of Excelsior need to remember 9-24-2012. By the way Missouri does not have an LTC they have a CCW which opens a whole 'nuther can of worms.
    Last edited by M1A shooter; 09-27-2012 at 02:16 PM. Reason: added more text

  4. #4
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    Re: Excelsior spings OC ordinance question

    Quote Originally Posted by M1A shooter View Post
    The issue is really addressed by MRS 21.750.2 which says:

    2. No county, city, town, village, municipality, or other political subdivision of this state shall adopt any order, ordinance or regulation concerning in any way the sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permit, registration, taxation other than sales and compensating use taxes or other controls on firearms, components, ammunition, and supplies except as provided in subsection 3 of this section.

    So, what do they not understand about this. I have contacted the Missouri Attorney Generals office, the Gun Owners of America and the good ol' NRA about this issue. The voting gun owners of Excelsior need to remember 9-24-2012. By the way Missouri does not have an LTC they have a CCW which opens a whole 'nuther can of worms.
    First, if you are going to post this law, you really need to post subsection 3, which are the exceptions to the part you posted.

    Secondly, it's not called a CCW, it's called a CCW endorsement. What's wrong with that term?

    Sent from my SGH-T989 using Tapatalk 2

  5. #5
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    Section 21.750.3 and CCW ENDORCEMENT and more

    3. Nothing contained in this section shall prohibit any ordinance of any political subdivision which conforms exactly with any of the provisions of sections 571.010 to 571.070, with appropriate penalty provisions, or which regulates the open carrying of firearms readily capable of lethal use or the discharge of firearms within a jurisdiction, provided such ordinance complies with the provisions of section 252.243.



    As far as 571 goes, it is lengthy with definitions. Heres the link http://www.moga.mo.gov/STATUTES/C571.HTM


    252.243 deals with TIF construction areas and is lengthy too.

    http://www.moga.mo.gov/statutes/C200-299/2520000243.HTM

    And CCW as everyone knows, means Concealed Carry Weapon. Missouri has a whole list of weapons... That should be included in the CCW endorcement.

  6. #6
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    Re: Excelsior spings OC ordinance question

    So, subsection 3 permits political subdivisions to regulate open carry, as long as certain criteria are met, right?

    And I'm glad you aren't one of those nutballs that think the letters CCW have magic powers.

    Sent from my SGH-T989 using Tapatalk 2

  7. #7
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    The Four Horsemen of The Appocoplypse

    Four members of the City Council passed this travesty with no comment and it was a 4-0 tally. No explanation of how they came ot their decision or what section or subsection of the law they are applying or what court history they used.

  8. #8
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    Section 3 and related

    KCgun Fan, Honestly I can see nothing in 3 or the related links that appy to this city. And to make matters worse I can get no official response from the AG, just personal opinion of the responder. They tell me to seek legal counsel for a better answer.

  9. #9
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    MO AG Answer

    I just received an "answer" from the office of the MO Attorney General. To sum it up, yes they can but don't quote us.

    In subsection 3 of Section 21.750, RSMo, the Missouri General Assembly stated, “Nothing contained in this section shall prohibit any ordinance of any political subdivision which conforms exactly with any of the provisions of sections 571.010 to 571.070, RSMo, with appropriate penalty provisions, or which regulates the open carrying of firearms readily capable of lethal use or the discharge of firearms within a jurisdiction, provided such ordinance complies with the provisions of section 252.243, RSMo.”



    Furthermore, there is at least one appellate case on this subject:



    “Nothing in the Missouri constitution limits the power of the legislature to enact laws pertaining to the time, place and manner of carrying weapons. It is entirely proper for the General Assembly to recognize that the use and the abuse of firearms are matters appropriately left to local control and to delegate its authority to regulate the carrying of firearms as is deemed necessary by political subdivisions of the state.” City of Cape Girardeau v. Joyce, 884 S.W.2d 33, 35 (Mo. Ct. App. 1994).



    This e-mail is just my opinion and should not be considered to represent the views of my office, nor can I cannot provide you a legal opinion on the Excelsior Springs ordinance in particular. We encourage you to seek a private attorney to advise you in this matter.



    If we may be of any further assistance, please let me know.

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