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Thread: st.joe.mo.

  1. #1
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    This is a email i received from the city attorney ( lrobertson@ci.st-joseph.mo.us) per police chief connally,folks can carry firearms out in the open legally but if another citizen sees this,they will likely call the police out of alarm and you are likely to be stopped by an officer who will inquire futher. so, the best bet is to go the conceal/carry route by taking the appropriate class. this should'nt be a problem because you'd be presumed eligible.

  2. #2
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    I'd keep a copy of that e-mail while open carrying.

  3. #3
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    I do i made a few copies of it.

  4. #4
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    Correct me if I'm wrong, but cities/towns/burroughs/municipalities cannot override state laws.. Am I right??

    http://www.moga.missouri.gov/const/a01023.htm

    Section 23

    August 28, 2008





    Right to keep and bear arms--exception.

    Section 23. That the right of every citizen to keep and bear arms in defense of his home, person and property, or when lawfully summoned in aid of the civil power, shall not be questioned; but this shall not justify the wearing of concealed weapons.
    Source: Const. of 1875, Art. II, ยง 17.
    (2004) Section does not prohibit the General Assembly from enacting statutes allowing or disallowing the carrying of concealed weapons; the Concealed-Carry Act is therefore constitutional. Brooks v. State, 128 S.W.3d 844 (Mo.banc).

  5. #5
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    Carnivore wrote:
    Correct me if I'm wrong, but cities/towns/burroughs/municipalities cannot override state laws.. Am I right??
    Completely right... regarding concealed carry. The preemption doesn't apply to open carry, which is why Missouri is a confusing "patchwork" when it comes to OC.

  6. #6
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    What I understand this to read, is that every John and Jane doe can carry open..

    Conceal carry is the exception..

    Am I wrong??



    And am I right in my understanding that state laws supercede municipal laws and ordinances?


  7. #7
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    Conceal carry is legal through out the state with ccw,while oc is legal in st.joe there are other cities within the state.dont know all of them yet but working on it,to find out in your city email your city attorney they will find out for you.

  8. #8
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    Carnivore wrote:
    And am I right in my understanding that state laws supercede municipal laws and ordinances?
    No. State doesn't supercede local.

  9. #9
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    Steelviper wrote:
    Carnivore wrote:
    And am I right in my understanding that state laws supercede municipal laws and ordinances?
    No. State doesn't supercede local.
    KS preemption is eal re open carry - the only preemption against local open carry bans is for concealed permit holders to cary openly in vehicles. Sen. Phil Journey tried for full preemption several years ago and it did not make it. Contact him and your other legislatiors and ask them to get it fixed.

  10. #10
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    Statue on open carry being regulated by city ordinance.

    Missouri Revised Statutes
    August 28, 2008

    Chapter 21.750
    Firearms legislation preemption by general assembly, exceptions--limitation on civil recovery against firearms or ammunitions manufacturers, when, exception.

    21.750. 1. The general assembly hereby occupies and preempts the entire field of legislation touching in any way firearms, components, ammunition and supplies to the complete exclusion of any order, ordinance or regulation by any political subdivision of this state. Any existing or future orders, ordinances or regulations in this field are hereby and shall be null and void except as provided in subsection 3 of this section.

    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.

    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, 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. 4. The lawful design, marketing, manufacture, distribution, or sale of firearms or ammunition to the public is not an abnormally dangerous activity and does not constitute a public or private nuisance.

    5. No county, city, town, village or any other political subdivision nor the state shall bring suit or have any right to recover against any firearms or ammunition manufacturer, trade association or dealer for damages, abatement or injunctive relief resulting from or relating to the lawful design, manufacture, marketing, distribution, or sale of firearms or ammunition to the public. This subsection shall apply to any suit pending as of October 12, 2003, as well as any suit which may be brought in the future. Provided, however, that nothing in this section shall restrict the rights of individual citizens to recover for injury or death caused by the negligent or defective design or manufacture of firearms or ammunition.

    6. Nothing in this section shall prevent the state, a county, city, town, village or any other political subdivision from bringing an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the state or such political subdivision.

    Carnivore wrote:
    What I understand this to read, is that every John and Jane doe can carry open..

    Conceal carry is the exception..

    Am I wrong??



    And am I right in my understanding that state laws supercede municipal laws and ordinances?

  11. #11
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    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.

    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, 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. 4. The lawful design, marketing, manufacture, distribution, or sale of firearms or ammunition to the public is not an abnormally dangerous activity and does not constitute a public or private nuisance.

    I'm confused!!??!!??

  12. #12
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    It don't have to make sense it is just the law.

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