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Thread: Open carry in Missouri on Facebook message

  1. #1
    Regular Member mmdkyoung123's Avatar
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    Open carry in Missouri on Facebook message

    I recieved a message from someone from Open Carry In Missouri on my facebook page. I tried to answer the question but am not sure if I did a good enough job. below is the original post and response. If I missed something please let me know so I can let the OP know so they don't get into trouble.

    Original Question
    I have been searching through the Missouri Attorney General's website about this issue. I know that it IS perfectly legal to carry a holstered handgun-or even to carry a rifle without any kind of permit whatsoever in the state of Missouri as long as it is NOT concealed. Does anybody know of a page on the Missouri Attorney General's website that states this with their seal on it, etc that we can download and print out and carry with us to show law enforcement officers who try to approach us while Oc-ing if they think we are breaking the law? This would be a WONDEFUL thing to have I just can't find one.
    Thank You

    My Response
    Grant,
    I tried to reply to this on my Iphone but I am not sure that it went through. I want to make sure that you get this as I believe that you are under a mistaken impression that it is legal to open carry ANYWHERE in MO. This is FALSE. Missouri has no state wide pre-emption on open carry, therefore each municipality is able to make their on statutes governing the legality of open carry. For instance, it is LEGAL to open carry in KC MO, but it is ILLEGAL to open carry in North Kansas City MO. This is what makes it such a sticky subject here in MO. You have to be VERY careful and make sure you FULLY research the laws of anyplace you are going to make sure you don't stumble into a jurisdiction where it is illegal.

    You have a great idea about carrying something that states the laws, but you would have to do the research and print it out yourself. For instance, I live in Independence. I have researched the statute that covers open carry in Independence, and I printed it out on a sheet of paper, with the statute number and the language. I also printed the cities around me that I frequent such as KC, Blue Springs, ETC.

    The statutes that you are looking for will say something along the lines of "A person commits the crime of....... if the carry CONCEALED on or about their person..." The Concealed is the key word here. Because they only mention concealed, It is legal to carry openly. For it not to be they would have to address open carry by saying "If they carry on or about....". This last sentence would make it illegal to carry a gun at all and it would have a clause making it legal if you have a CCW license. I believe this is how St louis does it but I am not sure as I don't travel there and I haven't researched their laws. I am going off of other members of opencarry.org mentioning it is illegal to OC in St Louis.

    Hopefully this has cleared it up for you and given you some answers. If not or you have other question please feel free to ask as I would hate to see you get in trouble for trying to exercise your RIGHTS. I don't know everything but I am very handy with a computer, and frequent a couple of forums, that are always happy to help and answer a question.

  2. #2
    Regular Member ChiangShih's Avatar
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    Quote Originally Posted by mmdkyoung123 View Post
    I recieved a message from someone from Open Carry In Missouri on my facebook page. I tried to answer the question but am not sure if I did a good enough job. below is the original post and response. If I missed something please let me know so I can let the OP know so they don't get into trouble.
    Looks like you answered it pretty well. I think the best line we can add while relaying information is "look it up for yourself and know for sure with your own eyes." I know some of the newer guys might think that we are being lazy or or unhelpful; however, its a matter making sure they -know- the law and we aren't responsible if they get into a sticky situation.

    Even in passing conversation on the matter I usually throw in a "Hey don't take my word for it. Look it up."
    I think this may scare some of the new blood interested in the movement. Gives them the multi-jurisdictional jitters.
    Last edited by ChiangShih; 12-03-2010 at 11:45 AM.
    Tiocfaidh Ar La

  3. #3
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    I got the same message from him on facebook. I replied with similar advice "look it up yourself" Printing it off and highlighting portions of it might help in a LEO encounter and will do it myself. so an encounter could go something like this...

    cop:wait here while I look it up
    you: oh no need I have it right here
    cop:CRAP! hes right

  4. #4
    Regular Member ChiangShih's Avatar
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    Quote Originally Posted by BAMF View Post
    I got the same message from him on facebook. I replied with similar advice "look it up yourself" Printing it off and highlighting portions of it might help in a LEO encounter and will do it myself. so an encounter could go something like this...

    cop:wait here while I look it up
    you: oh no need I have it right here
    cop:CRAP! hes right
    Lol, if only it every went down like that. Usually its like:

    Cop: wait here while I check on that
    You: No need officer, I have it right here.
    Cop: hah...ok...wait here while I check on that.
    You: >:|
    Last edited by ChiangShih; 12-03-2010 at 12:00 PM.
    Tiocfaidh Ar La

  5. #5
    Regular Member cshoff's Avatar
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    Folks, it may just be my perception, but it appears that Grant was asking for a reference to a cite from the AG's office that only dealt with state law, not the issue of preemption or different local ordinances. In addition, he wasn't looking for the actual state statute, but a written opinion from the AG's office that clarifies what state law actually is.

    Remember, Grant was asking for something from the AG that stated "it was perfectly legal to carry a firearm" in Missouri, "as long as it's not concealed". That could only come from an AG opinion (or a court decision) because our statutes are not written in a way so as to say what acts are lawful, they are written so as to say what acts are unlawful.

    With all of that said, I've never seen any such resource on the AG's website. My guess is that it does not exist.
    Last edited by cshoff; 12-06-2010 at 10:18 AM.

  6. #6
    Regular Member Wolf0351's Avatar
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    To help others who are not so net wise. Would those who have sights to start searching the local ordinances please post them. Thank you for your time in advance I don't carry in areas I am unsure of anymore and I should not have when I was younger.

  7. #7
    Regular Member Misplaced Texan's Avatar
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    You answered the question vey well. Kudos to you for your answer. We have a folder in EVERY rig we own that contains the city-code ordinances of all the towns that we travel to and through including the State and Federal laws concerning open carry. We run cattle in three different counties, Cape, Texas, and Callaway, so we are on the road alot. We haven't ever had any problems with LEO's but better safe than sorry.
    "I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all." 1954

    "Those that seek to limit or outlaw our [ GOD-GIVEN ] rights as men and women, are an enemy of mine and all patriots"

    To the government: Take your filthy, dirty paws off my 2nd Amendment before you lose them.

  8. #8
    Regular Member Misplaced Texan's Avatar
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    Open carry state law

    http://www.moga.mo.gov/statutes/c571.htm
    RSMO Chapter 571 Weapons offenses State website.
    "I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all." 1954

    "Those that seek to limit or outlaw our [ GOD-GIVEN ] rights as men and women, are an enemy of mine and all patriots"

    To the government: Take your filthy, dirty paws off my 2nd Amendment before you lose them.

  9. #9
    Regular Member mspgunner's Avatar
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    Best place for information

    Although this is an interesting site..... The MSSA web site www.missouricarry.com has all the answers to many of the OC questions here. You mau want to visit, and perhaps even join.

    Quote Originally Posted by cshoff View Post
    Folks, it may just be my perception, but it appears that Grant was asking for a reference to a cite from the AG's office that only dealt with state law, not the issue of preemption or different local ordinances. In addition, he wasn't looking for the actual state statute, but a written opinion from the AG's office that clarifies what state law actually is.

    Remember, Grant was asking for something from the AG that stated "it was perfectly legal to carry a firearm" in Missouri, "as long as it's not concealed". That could only come from an AG opinion (or a court decision) because our statutes are not written in a way so as to say what acts are lawful, they are written so as to say what acts are unlawful.

    With all of that said, I've never seen any such resource on the AG's website. My guess is that it does not exist.

  10. #10
    Regular Member Misplaced Texan's Avatar
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    http://www.municode.com/library/library.aspx
    http://codes.sullivanpublications.com/codes-slp/
    And If you cannot find the town you are looking for, try that towns official webpage. They usually an online version of their city ordinances. These are the ones I use personally. Hope this helps.
    "I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all." 1954

    "Those that seek to limit or outlaw our [ GOD-GIVEN ] rights as men and women, are an enemy of mine and all patriots"

    To the government: Take your filthy, dirty paws off my 2nd Amendment before you lose them.

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