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Thread: Answer to how is Open Carry legal in Missouri

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    Regular Member sohighlyunlikely's Avatar
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    Answer to how is Open Carry legal in Missouri

    I am not giving legal advice or condoning any one ever break any law. This is just a resource for you to use and understand the items of my research.

    OK we will start from the top Everything is legal unless a law is made to make it illegal. (Blue shirts are legal because there is no law against blue shirts) Laws don't tell us what we can do just the punishments for doing the things that a law says is illegal.

    At the state level we have the Missouri Constitution Bill of rights 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. "

    then you have the true codes of the state 571.010-571.070 that list no mention of OC.
    As we know, no laws referring to it means it is legal(good for OC and blue shirts as well)

    So on the state level there are no laws against Open Carry and you are even given a fundamental right to your firearms.

    now here is where it gets off track a little. The state says that counties and cities can make their own laws governing Open Carry. It is Chapter 21 Section 21.750

    "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, 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, provided such ordinance complies with the provisions of section 252.243."

    So that being an acknowledgment to the legality to OC if a town or county has no law regarding OC then you are good to go in I'd say about 88% of Missouri.

    So now we are down to that 12% In that 12% you will see that half say OC is illegal unless you have a CCW. Here is an example of that. below is the entire section that has the only ordinance that refers to Open Carry for the city of Olivette.

    You will see in subsection A. subparagraph 6 is a law that makes OC illegal. The following paragraphs B. C. D. E. F. list exceptions to section A. The one that we are talking about is paragraph D. It specifically exempts subparagraphs 1,6 and 7 of subsection A

    SECTION 215.340: 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 within the City limits;
    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.

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

    *State Law Reference--Section 252.243.3, RSMo., limits the discharge of firearms in certain areas known as Hunting Heritage Protection Areas, which are defined therein.

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    Good stuff and thanks for posting.

    I know what its like to do that surfing and like you, I try to be careful when I present what I find to others because I don't want others to take my word on something as I am not a lawyer. I figure it out for myself and appreciate when people point things out but it comes down to each of us as individuals being responsible for ourselves and making our decisons with what information if available to us. The best way is to transverse things from the top down just like you pointed out.

    The really sucky thing about it here in Missouri is that I have to try to look up local ordinances and wade through all that stuff anytime I feel like OC'ing in a town I don't regularly spend time in enough to know it by heart. Even in some of those towns OC might be allowed but certain places, like city parks, might be off limits and you really have to search through the stuff.

    I do most of my OC in Jefferson City and Columbia, as well as in Ashland and when I am fishing at Bagnell Dam. I don't have a CC permit so I have to be a little more cautious about some regs. I know that in Columbia, I can't carry in the city parks. I don't remember off the top of my head if I have to have a permit or not but I remember checking and double checking and knowing that I personally can't do it. I am also unsure as to what all land and streets are considered University property and have to be wary of that. The regulation about the parks wasn't even in their public safety ordinance or related to illegal weapons ordinances, it was in the section about public parks and if I didn't specifically look there, I could have made a big mistake as the day I found it I was taking my little girl to a local park there.

    If I want to go to a place like Fulton, Camdenton, Warrensburg or any other place that I might only go to once a year or every few years and I wish to open carry, I may have to do an exhaustive search and I hate it.
    Last edited by MK; 01-11-2011 at 03:10 AM.

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    so to help people that are looking at this and it may be to much for them. what this is say the only way to openly carry a firearm, you must posses a valid CCW

    cause that how i read it

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    Quote Originally Posted by mobodyguard View Post
    so to help people that are looking at this and it may be to much for them. what this is say the only way to openly carry a firearm, you must posses a valid CCW

    cause that how i read it
    I think what he is saying is 88% of Missouri is OC friendly, 12% has an ordinance, and of that 12% half of them will allow open carry if you also have a CCW permit. In the remaining 6% we are out of luck. The numbers are estimates I believe. And in the end it may have a regulation against open carry, but if you read the entire text, you may find and exception to it.

    Nixa and Ozark do not allow open carry. Bolivar on the other hand, does allow open carry if you have a ccw permit.

    On a similar note, 21.750 isn't the only statute that gives cities the power to regulate open carry. RSMo 77.570, 79.460, and 80.090(6) also give cities and towns the power to regulate the open carry of firearms.

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    Regular Member sohighlyunlikely's Avatar
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    Quote Originally Posted by Shooter64738 View Post
    I think what he is saying is 88% of Missouri is OC friendly, 12% has an ordinance, and of that 12% half of them will allow open carry if you also have a CCW permit. In the remaining 6% we are out of luck. The numbers are estimates I believe. And in the end it may have a regulation against open carry, but if you read the entire text, you may find and exception to it.

    Nixa and Ozark do not allow open carry. Bolivar on the other hand, does allow open carry if you have a CCW permit.

    On a similar note, 21.750 isn't the only statute that gives cities the power to regulate open carry. RSMo 77.570, 79.460, and 80.090(6) also give cities and towns the power to regulate the open carry of firearms.
    You are right on your % clarifications, thank you

    I looked up your listed statutes in the current code to add to my index of Open Carry laws and in the current statutes (August 28, 2010) I could not find the references to Open Carry you mentioned. If I am wrong please explain. Here are the links for your scrutiny.

    Doc

    RSMo 77.570
    http://www.moga.mo.gov/statutes/C000-099/0770000570.HTM

    RSMo 79.460
    http://www.moga.mo.gov/statutes/C000-099/0790000460.HTM

    RSMo 80.090
    http://www.moga.mo.gov/statutes/C000-099/0800000090.HTM
    Last edited by sohighlyunlikely; 01-11-2011 at 01:47 PM.

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    another reason why a statewide oc law should be adopted. i say a training course and a class fee (not much) and the state can make some extra income and use it for good like for schools, etc...

    but since politics are crooked im sure most of it would go in someones pocket.

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    Quote Originally Posted by sohighlyunlikely View Post
    You are right on your % clarifications, thank you

    I looked up your listed statutes in the current code to add to my index of Open Carry laws and in the current statutes (August 28, 2010) I could not find the references to Open Carry you mentioned. If I am wrong please explain. Here are the links for your scrutiny.

    Doc

    RSMo 77.570
    http://www.moga.mo.gov/statutes/C000-099/0770000570.HTM

    RSMo 79.460
    http://www.moga.mo.gov/statutes/C000-099/0790000460.HTM

    RSMo 80.090
    http://www.moga.mo.gov/statutes/C000-099/0800000090.HTM
    My mistake, those cover discharge and restraint of firearms. Not open carry.

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    What i got from this, is that you do not have to have a ccw to open carry in MOST of Missouri. (88%) I have contacted lees summit police department and they asked me why I would want to open carry, and that it wasn't illegal. and i know from news casts in Kansas city that is is legal there without a CCW. Which is good news. I just found all this out after months of figuring out when i could afford the extra $135 to get my CCW so I could carry. I will begin to OC and exercise my rights like every American should.

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    I told the woman that asked me that, " I'm just Trying to make sure my rights won't be taken from me by exercising them." Then she almost sounded as if she understood, and was not so brash with me after that....
    I do have a question though. I see you tube videos of people OC'ing, and when asked by LE for a photo ID, they refused. Stating that They only needed to present that information if they were being detained, or under suspicion of committing a crime. Is this really a good idea? Shouldn't you just give them your ID so they know you are legally entitled to carry a firearm? It just seems like they will take it a little better if you were cooperative with them. Am I wrong?

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    I do have a question though. I see you tube videos of people OC'ing, and when asked by LE for a photo ID, they refused. Stating that They only needed to present that information if they were being detained, or under suspicion of committing a crime. Is this really a good idea? Shouldn't you just give them your ID so they know you are legally entitled to carry a firearm? It just seems like they will take it a little better if you were cooperative with them. Am I wrong?
    I would question you, Where do you draw the line? Simply asking for ID, pretty low grade invasion of your rights, right? Sometimes referred to as "Papers Please." But you're fine with that.

    Maybe he wants to check and secure your weapon. Then maybe he wants to search you for any other weapons. Reasonable, right? After all it's for HIS protection.

    Tell you what, how about he handcuffs you, placing you in the squad car. Is THAT too far? At what point do you say WAITAMINUT! MY RIGHTS ARE BEING VIOLATED!

    Some here would say the line is drawn at the very FIRST request for ID.

    Of course the whole interaction is up to YOU, the Citizen.
    Last edited by xd shooter; 02-13-2011 at 11:45 PM.

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    Quote Originally Posted by xd shooter View Post
    I would question you, Where do you draw the line? Simply asking for ID, pretty low grade invasion of your rights, right? Sometimes referred to as "Papers Please." But you're fine with that.

    Maybe he wants to check and secure your weapon. Then maybe he wants to search you for any other weapons. Reasonable, right? After all it's for HIS protection.

    Tell you what, how about he handcuffs you, placing you in the squad car. Is THAT too far? At what point do you say WAITAMINUT! MY RIGHTS ARE BEING VIOLATED!

    Some here would say the line is drawn at the very FIRST request for ID.

    Of course the whole interaction is up to YOU, the Citizen.
    This is the exact reason I am posting this here. I do not have any experience in dealing with this type of situation. I have not OC'ed yet. I have poured over research for hours and days, Printed laws and e-mails from police officers and sheriffs. But in the end I need Good people like you that have been in these situations to give me insight. Thanks, and I never saw it like that before. You're right, at some point it becomes too much. I see the Point, If you don't give them a chance to violate your rights, they can't keep escalating to more of your rights.

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    Quote Originally Posted by Jason Castillo View Post
    This is the exact reason I am posting this here. I do not have any experience in dealing with this type of situation. I have not OC'ed yet. I have poured over research for hours and days, Printed laws and e-mails from police officers and sheriffs. But in the end I need Good people like you that have been in these situations to give me insight. Thanks, and I never saw it like that before. You're right, at some point it becomes too much. I see the Point, If you don't give them a chance to violate your rights, they can't keep escalating to more of your rights.
    +1

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    Talking

    Quote Originally Posted by kylemoul View Post
    another reason why a statewide oc law should be adopted. i say a training course and a class fee (not much) and the state can make some extra income and use it for good like for schools, etc...

    but since politics are crooked im sure most of it would go in someones pocket.
    The state and (failing) public schools don't need more money and they have no business knowing who I am and what I own or carry precisely because of your followup statement among other things... screw them.
    California spends 60% of it's monster budget on public schools and STILL has one the very worst systems in the WORLD. Taxes won't fix the communist infested school system. Dismantling their unions and bringing back private education will. If we took HALF the money the states get and paid private school tuition with it, our kids would get twice the education and half the condom classes and a better America.

    F* the public schools -- in case I was too subtle Where do you think the Russian communist revolution started? It is no overstatement to say that they are the primary cause of the decline of America. And I KNOW that there are some good teachers so just save it please... like there are some good cops, etc... but they operate in a system that does not have OUR best interests at heart.

    I know your intention was good, nothing bad on you We need to understand, though, that government does NOTHING as well as the private sector and we must tolerate as little activity by them as possible, mainly writing laws and conducting wars, what the Constitution SPECIFICALLY tells them to do.

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    Question:
    When open carrying what documents should one carry on them besides the ordinances for that city? Also how do we find the additional information that we should carry if any?

    Thanks,
    Jim

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    Regular Member sohighlyunlikely's Avatar
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    Quote Originally Posted by jad316 View Post
    Question:
    When open carrying what documents should one carry on them besides the ordinances for that city? Also how do we find the additional information that we should carry if any?

    Thanks,
    Jim
    The only other helpful documents I could think of would be Article 1 Section 23 of the Missouri constitution and the supreme court ruling that states that the presents of a firearm isn't enough on it's own to warrant a detention. I think that is from Terry v Ohio.

    Doc

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    Regular Member sohighlyunlikely's Avatar
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    I am bumping this thread from the archives for Mobodyguard and other members that want understandings to how OC in MO works.

    Doc

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    Honestly, I was looking for a thread like this with examples of city ordinances in it to know what I am looking for. The ones I research are either really simple or ramble on and on and on like the one you posted that deters me from doing it because I don't want mess up and cause bad light. I really appreciate it. Do you have any other cities with long drawn out ordiances like this that you can post? Thank you for the bump up.

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