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Need some help on OC in Republic, Mo

Jericho2

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Oct 27, 2010
Messages
1
Location
Springfield, Mo
If you have any information on OC in Republic please let me know. I am interested in starting a 2nd Amendment March once a month in Republic to begin to inform LEO and Joe citizen that we have the right and should exercise it. Thanks Much.
 

Mo

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Apr 2, 2010
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usa
Here's the official code from the city website.


SECTION 215.290: DISPLAYING A DEADLY WEAPON
A. Any person who commits the offense of displaying a deadly weapon shall, upon conviction, be punished as provided by ordinance.

B. A person commits the offense of displaying a deadly weapon if such person exhibits, in the presence of one (1) or more persons, any weapon readily capable of lethal use in an angry or threatening manner. (CC 1999 §16-45; Ord. No. 03-68 §1, 10-13-03)


If I read it correctly, it addresses brandishing and not holstered open carry.
 

HYRYSC

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Jan 12, 2009
Messages
204
Location
Somewhere in MO
There is quite a bit more to it than that. Please always check it out for yourself before taking any advise of this board, even if information is cut and pasted as it may appear to be complete and accurate, but may not necessarily be.

With that said, here is a great place to start.

http://codes.sullivanpublications.com/codes-slp/

You should also call the City Hall and ask to speak with the clerk and ask them to read you the statutes regarding concealing and openly carrying a firearm. I have done this on more than one occasion.

Anyway, below is what is copied and pasted from the above site regarding Republic open carry.


SECTION 210.340: 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 within the City limits;*

4. Exhibits, in the presence of one (1) 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.

THEN THE BELOW PROVISIONS PROVIDE THE NECESSARY EXCEPTIONS TO THE PROHIBITION ABOVE.

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.
 

Big Boy

Regular Member
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Aug 14, 2009
Messages
443
Location
STL, MO
T'would seem this is one of the cities in MO where you can only carry openly if you have a CCW.

But yes, ALWAYS do your own research, that way if accosted you actually know what you're talking about and don't have to say "well Big Boy on OCDO said..."
 

HYRYSC

Regular Member
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Jan 12, 2009
Messages
204
Location
Somewhere in MO
T'would seem this is one of the cities in MO where you can only carry openly if you have a CCW.

But yes, ALWAYS do your own research, that way if accosted you actually know what you're talking about and don't have to say "well Big Boy on OCDO said..."

COMPLETELY WRONG!!!

I have used the "Big Boy" defense several times with good results.
 

demery

Regular Member
Joined
Aug 21, 2009
Messages
25
Location
Springfield, Missouri, USA
I live in Republic and oc every day I have never had any problems with local leos or any one else for that matter. I have even had a few conversations with the local leos around town and all the ones I have encountered know that its legal and never give me and slack for oc.
 

goalseter88

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Joined
Mar 4, 2010
Messages
334
Location
Kansas city, Kansas United States
SECTION 210.340: 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 within the City limits;*

4. Exhibits, in the presence of one (1) 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.

THEN THE BELOW PROVISIONS PROVIDE THE NECESSARY EXCEPTIONS TO THE PROHIBITION ABOVE.

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.

where you get this on sullivan? i went there to 210 offenses. and it said that was for animal offenses. but i found the conceal carry and other weapon offenses and it wasnt what you posted here what i found on sullivan:

SECTION 215.300: 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 any dangerous instrument that is capable of incapacitating or causing serious physical injury to another person; or

2. Discharges or shoots a firearm within the City limits; or

3. Possesses or discharges a firearm or projectile weapon while intoxicated; or

4. 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 into any public assemblage of persons meeting for any lawful purpose; or

5. Carries a firearm, whether loaded or unloaded, or any other weapon readily capable of lethal use into any school, or 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), (2), (4) and (5) of Subsection (A) of this Section shall not apply to or affect any of the following:

1. All State, County and municipal Peace Officers 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 within or outside their jurisdictions or on or off duty, or any person summoned by such officers to assist in making an arrest or preserving 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;

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.;

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

10. Any person discharging a firearm inside the City limits in connection with any turkey shoot or other charitable event authorized by the City Council.

C. Subparagraph (1) of Subsection (A) of this Section does 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; nor 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 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 the City.

D. Subparagraph (5) 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.

E. Subparagraphs (1), (4) and (5) of Subsection (A) of this Section shall not apply to the carrying of a concealed firearm by 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.

F. Subparagraphs (1), (2), (4) and (5) of Subsection (A) of this Section and Subsection (B) of Section 215.290 of the Code of Ordinances shall not apply to persons who are engaged in a lawful act of defense pursuant to the provisions of Section 563.031, RSMo.

G. Nothing in this Section shall make it unlawful for a student to actually participate in school-sanctioned gun safety courses, student military 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.

H. The prohibition on discharge of a firearm contained in Subparagraph (2) of Subsection (A) of this Section shall not apply to those engaged in the lawful pursuit of game so long as the discharge of the firearm takes place in a rural, agriculturally zoned area of the City and so long as the fired projectile does not enter onto or pass through property within two hundred (200) feet of a residence or commercial structure at a height lower than the top of the roof line of the residence or commercial structure.


but then i found this:

SECTION 215.320: UNLAWFUL USE OF PROJECTILE WEAPON
A. Discharge Of A Projectile Weapon.

1. It is unlawful for any person to shoot, fire or discharge a projectile weapon within the City limits of the City of Republic, or on any premises owned or controlled by the City, except a person may shoot, fire or discharge a projectile weapon on private property with the permission of the owner or occupant of such property, and under circumstances when such projectile weapon can be fired, discharged or operated in such manner as not to endanger any person or property, and also in such manner as to prevent any projectile from traversing any grounds or space outside the limits of such private property.

2. This Section shall not apply to the City Police or other Peace Officers of the United States or the State of Missouri in the discharge of their duty or when done in the lawful use of force in the defense of the person, property or family.

B. Carrying Any Projectile Weapon.

1. No person shall wear, bear or otherwise carry into any publicly owned or leased building, park or school located in the City limits of the City of Republic any projectile weapon.

2. Subsection (B)(1) shall not apply to:

a. City Police or other Peace Officers of the United States or the State of Missouri in the discharge of their duty;

b. When done by persons in the lawful use of force in the defense of the person, property or family;

c. When done by persons participating or displaying projectile weapons at shows authorized by the City or school;

d. When done by persons participating in hunter or firearm safety courses sanctioned by the State of Missouri and/or authorized by the City or school; or

e. When done by persons specifically authorized by the City or school to carry projectile weapons. (Ord. No. 09-41 §1, 11-23-09)

so when you go down to part B of 215.320
then it says that you cant go into any public owned/leased building park, school.

So i take it that states you cant OC in republic buildings, parks or schools. but you could still go walk on the sidewalks and OC.

anyhow, i just found a different version and wondered which is right. and this was worded differently then any of the other city codes i have seen.
 

demery

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Aug 21, 2009
Messages
25
Location
Springfield, Missouri, USA
The way I have always figured when I read them. Is as long as you dont carry in a city owned building or park your good all private businesses are good to go unless posted which I havent ran across any yet. As far as walking around town i have never had any problems with that at all. And like I said before all the encounters with leos here in town have been positive and the majority of them know that open carry is legal and the ones who havent have listened when i have talked with them about it.
 

goalseter88

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Mar 4, 2010
Messages
334
Location
Kansas city, Kansas United States
The way I have always figured when I read them. Is as long as you dont carry in a city owned building or park your good all private businesses are good to go unless posted which I havent ran across any yet. As far as walking around town i have never had any problems with that at all. And like I said before all the encounters with leos here in town have been positive and the majority of them know that open carry is legal and the ones who havent have listened when i have talked with them about it.

guess i not understanding how your reading it as legal. i mean from this part:

B. Carrying Any Projectile Weapon.

1. No person shall wear, bear or otherwise carry into any publicly owned or leased building, park or school located in the City limits of the City of Republic any projectile weapon.

2. Subsection (B)(1) shall not apply to:

a. City Police or other Peace Officers of the United States or the State of Missouri in the discharge of their duty;

b. When done by persons in the lawful use of force in the defense of the person, property or family;


c. When done by persons participating or displaying projectile weapons at shows authorized by the City or school;

d. When done by persons participating in hunter or firearm safety courses sanctioned by the State of Missouri and/or authorized by the City or school; or

e. When done by persons specifically authorized by the City or school to carry projectile weapons. (Ord. No. 09-41 §1, 11-23-09

so when it says publicly owned/leased, is that meaning goverment owned/leased. i guess when i read publicily owned, i was thinking that includes private owned stores that are open to the public. but like i said i never seen any city have their codes worded like this. so this is kinda new to me.

anyhow, i like seeing how others read this, and see what they come of it. its new to me and i like to learn if i reading it wrong.
 

demery

Regular Member
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Aug 21, 2009
Messages
25
Location
Springfield, Missouri, USA
I had the same problem understanding that at first as well. When I asked the chief of police about it I was told that publicly owned just refered to the cities properties and buildings, like the police station, court house, schools, city parks and so forth but as for private businesses its up to the business owner or property owner
 

heresyourdipstickjimmy

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Joined
Jul 13, 2010
Messages
279
Location
Mo.
I'm not sure where the different information is coming from, but...
Straight out of the code link that HYRSC posted.

SECTION 210.250: 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 except in Hunting Heritage Protection Areas as defined in Section 252.243, RSMo.;

4. Exhibits, in the presence of one (1) 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 except in Hunting Heritage Protection Areas as defined in Section 252.243, RSMo.;

Right there. Plain and simple. Easy as pie to understand as it clearly states OPEN CARRY is unlawful in Republic.

The municipal code regarding "projectile weapon" was enacted and covers ANYTHING that fires a projectile. That means air-soft, paint ball, even a Nerf gun and a lot more. This particular municipal code was the subject of controversy quite some time ago. Keep in mind, this is a redundant code as there was already Unlawful Use of a Weapon on the books.

I did notice that if you weren't careful it was easy to wind up in another municipality's codes or something different all together. Here's what was on the right side of the menu: A -- E/Airport Drive/TITLE II. PUBLIC HEALTH, SAFETY AND WELFARE/CHAPTER 210: OFFENSES Left side of the menu still clearly reads "Republic".

Post up what you found with your postings folks. It might help with the confusion. I think I may have found the same animal statutes in 215 that goalseter posted, but it was in the A-E portion of the menu to the left. The 215 section "nuisances" that I found doesn't go to 215.300, it stops at 215.120

HYRSC, the 210.340 that I found (menu to left says Republic, menu to right says what I posted just up above) is for Reckless Burning or Exploding.
 
Last edited:

demery

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Joined
Aug 21, 2009
Messages
25
Location
Springfield, Missouri, USA
Not sure where your getting that this is what I was given from the court house clerk when I asked for a copy of weapons offences:

SECTION 215.300: 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 any dangerous instrument that is capable of incapacitating or causing serious physical injury to another person; or

2. Discharges or shoots a firearm within the City limits; or

3. Possesses or discharges a firearm or projectile weapon while intoxicated; or

4. 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 into any public assemblage of persons meeting for any lawful purpose; or

5. Carries a firearm, whether loaded or unloaded, or any other weapon readily capable of lethal use into any school, or 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), (2), (4) and (5) of Subsection (A) of this Section shall not apply to or affect any of the following:

1. All State, County and municipal Peace Officers 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 within or outside their jurisdictions or on or off duty, or any person summoned by such officers to assist in making an arrest or preserving 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;

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.;

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

10. Any person discharging a firearm inside the City limits in connection with any turkey shoot or other charitable event authorized by the City Council.

C. Subparagraph (1) of Subsection (A) of this Section does 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; nor 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 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 the City.

D. Subparagraph (5) 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.

E. Subparagraphs (1), (4) and (5) of Subsection (A) of this Section shall not apply to the carrying of a concealed firearm by 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.

F. Subparagraphs (1), (2), (4) and (5) of Subsection (A) of this Section and Subsection (B) of Section 215.290 of the Code of Ordinances shall not apply to persons who are engaged in a lawful act of defense pursuant to the provisions of Section 563.031, RSMo.

G. Nothing in this Section shall make it unlawful for a student to actually participate in school-sanctioned gun safety courses, student military 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.

H. The prohibition on discharge of a firearm contained in Subparagraph (2) of Subsection (A) of this Section shall not apply to those engaged in the lawful pursuit of game so long as the discharge of the firearm takes place in a rural, agriculturally zoned area of the City and so long as the fired projectile does not enter onto or pass through property within two hundred (200) feet of a residence or commercial structure at a height lower than the top of the roof line of the residence or commercial structure.

1. For purposes of this Section, the phrase "rural, agriculturally zoned area" shall be described as properties of the City within an area commonly referred to as the "former Village of Brookline" and generally referenced as Farm Road 97 to the west, Farm Road 140 to the north, Farm Road 115 to the east and Farm Road 168/State Highway MM/State Route 60 to the south including the four (4) contiguous forty (40) acre parcels adjacent to Farm Road 115 and south of Farm Road 146.

2. This exception shall only apply to the discharge of handguns or shotguns within the area described above.

3. This exception shall sunset on the thirty-first (31st) day of December, 2011, and shall no longer be in force and effect unless extended or renewed by the City Council.

I. The prohibition on discharge of a firearm contained in Subparagraph (2) of Subsection (A) of this Section shall not apply to discharge of a firearm when authorized by State law with regard to defense of livestock or other animals specifically identified by Statute and when such discharge takes place in the area and under the conditions as authorized in Subsection (H).

J. The prohibition on discharge of a firearm contained in Subparagraph (2) of Subsection (A) of this Section shall not apply to firing ranges operated by a duly recognized law enforcement agency at a location approved by the City.

K. Nothing in Subsections (H), (I) and (J) is intended to allow what is prohibited by Section 571.030, RSMo. (Ord. No. 03-69 §§1--2, 10-13-03; Ord. No. 08-68 §1, 9-8-08)

Note--Under certain circumstances this offense can be a felony under state law.

State Law Reference--The provisions of L. 2003 H.B. 349, et al, enacted section 571.094 which has been codified as §571.101 through 571.121, RSMo., as amended.
 

heresyourdipstickjimmy

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Jul 13, 2010
Messages
279
Location
Mo.
demery, that's obviously a much more reliable source than the website. The site HYRSC posted actually confused me considerably. I found that if I wasn't careful that I wound up in other alphabet grouping and that the menu info attached to the location toward the bottom just compounded things.
 

demery

Regular Member
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Aug 21, 2009
Messages
25
Location
Springfield, Missouri, USA
jimmy, I looked at that site before I went to the court house and it confused me as well so after I went and got the copy I posted, I just carry a copy of it in my truck all the time now. But as I said before every leo in republic I run across understand the right for open carry and i have never had a problem.
 

riverbooty

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Jan 14, 2014
Messages
1
Location
Republic, MO
Reply

If you have any information on OC in Republic please let me know. I am interested in starting a 2nd Amendment March once a month in Republic to begin to inform LEO and Joe citizen that we have the right and should exercise it. Thanks Much.

I see that this post is 3 1/2 years old, but it showed up at the top of my Google search on the subject of Open Carry in Republic, MO. I did not find a reasonable answer here, so I called the City Clerk's office. I just got of the phone with the City Clerk and she told me that to the best of her knowledge, Republic has no prohibition of OC when it is a legally owned firearm. She went on to say that the believes the city follows State of Missouri statute on this matter, but that she is going to check with the city attorney on the matter via email. I gave her my email address and she said that she would be happy to include me in the thread. I will be happy to follow up with a post of that email, assuming she follows thru. In the mean time, I am going with what she said and will continue to follow Missouri's law on OC.

Jim
 

HYRYSC

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Jan 12, 2009
Messages
204
Location
Somewhere in MO
I see that this post is 3 1/2 years old, but it showed up at the top of my Google search on the subject of Open Carry in Republic, MO. I did not find a reasonable answer here, so I called the City Clerk's office. I just got of the phone with the City Clerk and she told me that to the best of her knowledge, Republic has no prohibition of OC when it is a legally owned firearm. She went on to say that the believes the city follows State of Missouri statute on this matter, but that she is going to check with the city attorney on the matter via email. I gave her my email address and she said that she would be happy to include me in the thread. I will be happy to follow up with a post of that email, assuming she follows thru. In the mean time, I am going with what she said and will continue to follow Missouri's law on OC.

Jim

I would be careful with the statement "as far as I know" from the clerk. Call back and have them read the applicable laws, no reason she has to check with the city attorney. She has has access to the laws, she can just read them.

I have done that several times in various locales.

Time to put the "servant" back into "public servant".
 

Turbo v6 camaro

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May 16, 2013
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Festus, MO
I see that this post is 3 1/2 years old, but it showed up at the top of my Google search on the subject of Open Carry in Republic, MO. I did not find a reasonable answer here, so I called the City Clerk's office. I just got of the phone with the City Clerk and she told me that to the best of her knowledge, Republic has no prohibition of OC when it is a legally owned firearm. She went on to say that the believes the city follows State of Missouri statute on this matter, but that she is going to check with the city attorney on the matter via email. I gave her my email address and she said that she would be happy to include me in the thread. I will be happy to follow up with a post of that email, assuming she follows thru. In the mean time, I am going with what she said and will continue to follow Missouri's law on OC.

Jim

I dont call anymore, I email, that way i have written record !!
 
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