O'fallon, Mo OC

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Dear Sir,

First of all I would like to thank you for your service and your fellow officers. You and your department are providing a service which I am sure in the most part is unappreciated. I for one appreciate what you do. You and your departmenthave decided to put your life on the line for the citizens of O' Fallon and this is something that should never be taken lightly.

On the issue of the right to open carry in the city of O'fallon.....the way I understand is that as long as I have a valid CCW permit it is legal.

I would like your interpretation of the law.

With all the press and such on this recent issue, you may have had many request on this subject and for that I am sorry. I would just like to have a verification.

Thanks for your time

Response....


Sir,



The city of O’Fallon has adopted RSMO 571.101 to 571.121 as the standard for City Ordinance 215.250 detailing concealed carry. Even though the State Statute allows open carry, it is not recommended. By your heartfelt comments and respect for the police, I’m sure you can understand the alarm an open weapon could cause and the number of times law enforcement would be called to determine if lawful of illegal activity was taking place.



[size=Major WILLIAM] "Bill" K. SEIBERT, JR

[size=Deputy Chief of Police]

[size=O'Fallon Police Department]

[size=(636) 379-5654]

[size=[url=mailto:wseibert@ofallon.mo.us]wseibert@ofallon.mo.us[/url]]

[size=]
[size=
Dear Sir,

I would like to thank you for your response on the matter, but you have not exactly answered the question. If you would clarify I would greatly appreciate it.

In the City of O'fallon, is it required to have a CCW in order to open carry?

I understand your concerns about the issue and will take it under advisement, I would just like to know if this is your understanding of the law.

I am not asking for legal advice], I am asking if I am reading the ordinance correctly.

Again, thank you for your time and understanding.

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Zekester,

I'm not sure if you live in Ofallon. But if not let me tell you. The LEO's there are notorious for going above there authority and use some pretty Gestapo tactics. Open carry with a CCW is completely legal. Personally it won't stop me from OC in Ofallon, but I am prepared for the grief I may receive. But I think you have a high probability of being detained. Here are their weapon codes,



SECTION 215.250: WEAPONS -- CARRYING CONCEALED -- OTHER UNLAWFUL USE
A. A person commits the offense of unlawful use of weapons if he/she knowingly:

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

2. Sets a spring gun;

3. Discharges or shoots a firearm, provided that the provisions of this Subsection (A) shall not apply to persons discharging a firearm in a target or archery range authorized by the City;

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

5. Possesses a firearm or projectile weapon while intoxicated;


6. Openly carries a firearm or any other weapon readily capable of lethal use


7. 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.

B. Subparagraphs (1), (3), (4), (6) and (7) of Subsection (A) of this Section shall not apply to or affect any of the following:

1. All State, County and Municipal Peace Officers who have completed the training required by the Police Officer Standards and Training Commission pursuant to Sections 590.030 to 590.050, RSMo., and possessing the duty and power of arrest for violation of the general criminal laws of the State or for violation of ordinances of Counties or Municipalities of the State, whether such officers are on or off duty, and whether such officers are within or outside of the law enforcement agency's jurisdiction, or all qualified retired Peace Officers, as defined in Subsection (10) of Section 571.030, RSMo., and who carry the identification defined in Subsection (11) of Section 571.030, RSMo., or any person summoned by such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer;

2. Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime;

3. Members of the Armed Forces or National Guard while performing their official duty;

4. Those persons vested by Article V, Section 1 of the Constitution of Missouri with the judicial power of the State and those persons vested by Article III of the Constitution of the United States with the judicial power of the United States, the members of the Federal judiciary;

5. Any person whose bona fide duty is to execute process, civil or criminal;

6. Any Federal Probation Officer or Federal Flight Deck Officer as defined under the Federal Flight Deck Officer Program, 49 U.S.C. Section 44921;

7. Any State Probation or Parole Officer, including supervisors and members of the Board of Probation and Parole;

8. Any corporate security advisor meeting the definition and fulfilling the requirements of the regulations established by the Board of Police Commissioners under Section 84.340, RSMo.; and

9. Any coroner, deputy coroner, medical examiner or assistant medical examiner.

C. Subparagraphs (1), (5), (6) and (7) of Subsection (A) of this Section do not apply when the actor is transporting such weapons in a non-functioning state or in an unloaded state when ammunition is not readily accessible or when such weapons are not readily accessible. Subparagraph (1) of Subsection (A) of this Section does not apply to any person twenty-one (21) years of age or older 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/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. Subparagraph (7) of Subsection (A) 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.


D. Subparagraphs (1), (6) and (7) of Subsection (A) of this Section shall not apply to any person who has a valid concealed carry endorsement issued pursuant to Sections 571.101 to 571.121, RSMo., or a valid permit or endorsement to carry concealed firearms issued by another State or political subdivision of another State.



E. Subparagraphs (3), (4), (5), (6) and (7) of Subsection (A) of this Section shall not apply to persons who are engaged in a lawful act of defense pursuant to Section 563.031, RSMo.

F. Nothing in this Section shall make it unlawful for a student to actually participate in school-sanctioned gun safety courses, student military or ROTC courses, or other school-sponsored firearm-related events, provided the student does not carry a firearm or other weapon readily capable of lethal use into any school, onto any school bus, or onto the premises of any other function or activity sponsored or sanctioned by school officials or the district school board.

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I have read that....and I understand.

I just wanted something in writing....

And I do not live in O'Fallon, but go there quite a bit.

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THE ANSWER...

"The city ordinance mirrors the state ordinance which requires a concealed carry permit. The information provided to you is based on the city ordinance. The attachment was provided as a guide to assist with understanding the state statute which the city ordinance follows.



Major WILLIAM "Bill" K. SEIBERT, JR

Deputy Chief of Police

O'Fallon Police Department

(636) 379-5654

wseibert@ofallon.mo.us"

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Zekester,

You wrote:"The city ordinance mirrors the state ordinance which requires a concealed carry permit."

If this reply you received was in reference to OC without a CCW. Then You can tell Major WILLIAM "Bill" K. SEIBERT, JR Deputy Chief of Police.
He is either ignorant of the laws in the state to which he serves oris justnot telling the truth. Both of which areunacceptable of a public servant.

Doc

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I think what he was saying is that O'Fallon's carry ordinance requires a CCW and if you legally carry, regardless of how you carry, the city ordinance mirrors the state CCW statute as to where you can carry.

The off-limits and some other things in the city ordinance are pretty much verbatim from the state statute.