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RSMO 517.107 Sec 6

patriotthad

Regular Member
Joined
Jul 27, 2009
Messages
115
Location
, ,
6) The general assembly, supreme court, county or municipality may by rule, administrative regulation, or ordinance prohibit or limit the carrying of concealed firearms by endorsement holders in that portion of a building owned, leased or controlled by that unit of government. Any portion of a building in which the carrying of concealed firearms is prohibited or limited shall be clearly identified by signs posted at the entrance to the restricted area. The statute, rule or ordinance shall exempt any building used for public housing by private persons, highways or rest areas, firing ranges, and private dwellings owned, leased, or controlled by that unit of government from any restriction on the carrying or possession of a firearm. The statute, rule or ordinance shall not specify any criminal penalty for its violation but may specify that persons violating the statute, rule or ordinance may be denied entrance to the building, ordered to leave the building and if employees of the unit of government, be subjected to disciplinary measures for violation of the provisions of the statute, rule or ordinance. The provisions of this subdivision shall not apply to any other unit of government;


"The statute, rule or ordinance shall exempt... highways or rest areas...from any restriction on the carrying or possession of a firearm." Would it be possible to OC in a city that has an ordinance against OC if you were in a rest area on walking along a highway?
 

cshoff

Regular Member
Joined
May 20, 2010
Messages
687
Location
, Missouri, USA
"The statute, rule or ordinance shall exempt... highways or rest areas...from any restriction on the carrying or possession of a firearm." Would it be possible to OC in a city that has an ordinance against OC if you were in a rest area on walking along a highway?

Well, it's possible, but without preemption, it's pretty much irrelevant. Remember, under 21.750, these cities have the statutory authority to make rules or ordinances that regulates the open carrying of firearms within their jurisdiction.

Of course, if you had the time, money, and desire to fight it, you could always drag it through court and see what happens.
 

Wolf0351

New member
Joined
Dec 14, 2010
Messages
7
Location
Blue Springs, MO
6) "The statute, rule or ordinance shall exempt... highways or rest areas...from any restriction on the carrying or possession of a firearm." Would it be possible to OC in a city that has an ordinance against OC if you were in a rest area on walking along a highway?

I have also been told walking along a highway can be trespass, or vagrancy in many places. You would have to check the local ordinace. Or is that a state issue?
 
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