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Thread: preemption in missouri

  1. #1
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    I do thinkpreemption was talked about some where on this fourm, but I do want to say the I know that it is legal in missouri to open carry. Here in south county and among other little citys they have ther own laws reguarding open carry. which makes it illegal. That sucks!!

    Iwould liketo know your opinon about preemption?

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    checkertaximan

    If you seen Missouricarry.com site then you know where I stand on OC preemption.......For the life of me I can't understand why a pro gun group that say that they have contacts in the legislature would just let this drop and not pursue it. Yes the list that there working on is good...However, you would think that you would want to secure the right to carry before you go after what you can carry or where you may carry??. Missouri is already an open carry state, were half way there, Lets go all the way ......

    I'm sure I'm the only one that feels this way.



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    well im with you

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    What John563 said!!!!!!!!!!

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    captainamerica wrote:
    What John563 said!!!!!!!!!!
    +1
    Bob Owens @ Bearing Arms (paraphrased): "These people aren't against violence; they're very much in favor of violence. They're against armed resistance."

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    The leadership over on missouricarry.com seem to be all dead set against state wideopen carry pre-emption and will not promote it in any way and I do hope that they do not go so far as to oppose such a bill if it were to be introduced. They have publicly stated that it is not on their list of priorities. They have taken a page out of the anti-gun movement with all of the what if's, might be's, and seem to be greatly worried aboutnot wanting to scarethe public with an open display of a firearm.

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    Maybe somebody needs to step forward and form an open carry working group for MO to get preemption passed - there was such a bill in a few years ago but it died.

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    I have always carried open when I was hunting. Or out working the cattle/ looking for the mountain lion or cougar that was tearing up the bulls.

    I Carry Concealed now. But would like to have the option to open carry.



    With all that being said. Everyone here has a gripe, me included. We all want open carry. The question is What Are We Going To Do About It?

    Lets get together and do something or contact the legislators. Who knows about that kind of thing here? Anyone know? Or anyone know where to start?

    Lets Roll Fellas...

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    I think that the first thing that we would need to do, would be to get US ALL on one page. there are three (3) separate threads on preemption.







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    Mike wrote:
    Maybe somebody needs to step forward and form an open carry working group for MO to get preemption passed - there was such a bill in a few years ago but it died.
    Mike, we have had it for two years (2007 and 2008), and both times, I got it sponsored by my rep...who is now the Majority leader in the house. I would like for somebody else to get off their backside and email their rep's and start posting what they are saying. Who else on this board has driven out to the capital and spoken on legislation? Also, Dru got his Senator to carry the legislation once before....and I don't know where he ran off to, but he isn't answering emails anymore...hell he might be in Iraq....fighting for our freedom's, but lets not upset anybody....screw missouricarry.

    People like to bitch on these forum's and not do a dam thing...sick of getting PM's...good job, do it again...let me know what I can do to help....call and email and DEMAND they repeal it!

    I have a thread for preemption 2009...you want to get this thing passed? Post your email to your rep and senator both. Post the response. Post your letters to the papers. Show peopleyou are doing your part.

    If you have taken offense to this post....GOOD....it means you have work to do!


    Somebody lock this thread.


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    One approach is OC preemption for permit holders - thats what we did in VA on 2003. Later in 2004 we cleaned it up completely.

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    Mike wrote:
    One approach is OC preemption for permit holders - thats what we did in VA on 2003. Later in 2004 we cleaned it up completely.
    Mike,

    Yes, you have stated that before....like I have also said before, our courts have ruled that OC is already legal.....now, wehave to challenge it or get it changed.....I do not like the idea you are advancing.I don't care what you did in VA. If the bill gets sponsored for that crap here in MO, I'll fight against it.

    We are here because of JOYCE. The E.D. (yes that means several things to this court) is full of liberals, but its prevailing law(at least this side of the state). NRA didn't want anything to do with the case, nor did anybody else in the state.

    Who was Governor in MO when this preemption bill was passed? Anybody care to guess? This needs to go into court....Dru and I are looking into this option.

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    Shawn, I've posted on the preemption thread and am very interested in helping you and anyone else push for preemption. Since I'm sort of new to this tipic (I'm CC), please give me a history lesson on these:

    - JOYCE
    - why are you opposed to only CCs being allowed OC
    - what case did the NRA not help on, and why did they decliine
    - Who is Dru?

    If there is anything I can do to help advance this OC cause please let me know.

    Tom Grady

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    Shawn wrote:
    Mike wrote:
    One approach is OC preemption for permit holders - thats what we did in VA on 2003. Later in 2004 we cleaned it up completely.
    Mike,

    Yes, you have stated that before....like I have also said before, our courts have ruled that OC is already legal.....now, wehave to challenge it or get it changed.....I do not like the idea you are advancing.I don't care what you did in VA. If the bill gets sponsored for that crap here in MO, I'll fight against it.

    We are here because of JOYCE. The E.D. (yes that means several things to this court) is full of liberals, but its prevailing law(at least this side of the state). NRA didn't want anything to do with the case, nor did anybody else in the state.

    Who was Governor in MO when this preemption bill was passed? Anybody care to guess? This needs to go into court....Dru and I are looking into this option.
    I have no idea what you are talking about. What court case says open carry is lawful in Missouri even where local law bans open carry? What do the terms "JOYCE" & "E.D." mean?

    Posts like yours are a waste of time if readers can't understand what you are saying.

  15. #15
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    I'm not sitting on my ASS!!

    Here's my message, if it's not satisfactory lemme know what you want me to send that will help secure Missouris right to open carry.

    #top_move763859255, #top_move_select763859255, #763859255top_reply, #763859255top_reply_all { visibility:visible; }











    Flag this message

    firearm laws, full preemption of Open Carry
    Friday, February 13, 2009 10:45 AM



    From:

    "Jesse Moss" <js_moss@sbcglobal.net>View contact details



    To:
    Scott.Largent@house.mo.gov







    Please find any and all possible support to make Missouri state wide legal open carry of firearms. Full supportof the constitution to include the 2nd amendment is what Missouri Voters are voting for..The ideas of the founders of the constitution are not outdated, time to revive America starting right here in the Heartland..

    Also, is their anything Missouri as a state can do to support the minuteman project along our countrys southwest border, I truely don't want mexican drug lords gaining a foothold in our state and country..

    Thanks
    Jesse L. Moss


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    I have no idea what you are talking about. What court case says open carry is lawful in Missouri even where local law bans open carry? What do the terms "JOYCE" & "E.D." mean?

    Posts like yours are a waste of time if readers can't understand what you are saying.

    Case is Cape Girardeau vsJoyce. For those in Mo and Outside. Missouri is split into three district courts. Western, Eastern and Southern.When you are reading cases and you see them listed as such: City of Cape Girardeau v. Joyce, 884 S.W.2d 33 (Mo. App. E.D. 1994), First is the Case Name, followed by Volumn # and page and what court the opinion was made in with year: W.D.,E. D., andS.D.

    Joyce was arrested and convicted of for openly carrying a handgun "readily capable of lethal use" Cape stated they were authorized by 21.750 subsection 3, to enact this ordinance. Joyce appealed and lost, that this violated his RKBA, under Article 1, section 23. Here are the words of the court, granting themselves jurisdiction:

    *1. Although Mr. Joyce argues that Section 21.750 RSMo.1986 is unconstitutional, his appeal is from a conviction of an ordinance violation. Therefore, he has no standing to assert a direct attack upon the constitutionality of the statute. Accordingly, we have jurisdiction.

    Unfortunately, this case has been cited withapproval fromvarious state andFederal courts, to limit/restrict rkba.

    Kit Bond (r), was the Governor that signed the preemption statue (I think this took effect on 1/85 (Correct me if i'm wrong).

    I'll include the case for those that would like to read it and also link to another thread that will give the background for my response to Mike. Here

  17. #17
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    Shawn wrote:
    I have no idea what you are talking about. What court case says open carry is lawful in Missouri even where local law bans open carry? What do the terms "JOYCE" & "E.D." mean?

    Posts like yours are a waste of time if readers can't understand what you are saying.

    Case is Cape Girardeau vsJoyce. For those in Mo and Outside. Missouri is split into three district courts. Western, Eastern and Southern.When you are reading cases and you see them listed as such: City of Cape Girardeau v. Joyce, 884 S.W.2d 33 (Mo. App. E.D. 1994), First is the Case Name, followed by Volumn # and page and what court the opinion was made in with year: W.D.,E. D., andS.D.

    Joyce was arrested and convicted of for openly carrying a handgun "readily capable of lethal use" Cape stated they were authorized by 21.750 subsection 3, to enact this ordinance. Joyce appealed and lost, that this violated his RKBA, under Article 1, section 23. Here are the words of the court, granting themselves jurisdiction:

    *1. Although Mr. Joyce argues that Section 21.750 RSMo.1986 is unconstitutional, his appeal is from a conviction of an ordinance violation. Therefore, he has no standing to assert a direct attack upon the constitutionality of the statute. Accordingly, we have jurisdiction.

    Unfortunately, this case has been cited withapproval fromvarious state andFederal courts, to limit/restrict rkba.

    Kit Bond (r), was the Governor that signed the preemption statue (I think this took effect on 1/85 (Correct me if i'm wrong).

    I'll include the case for those that would like to read it and also link to another thread that will give the background for my response to Mike. Here
    OK, so this case supports the power of localities to ban open carry. The statute needs to be changed.

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