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Open Carry in a Bar

goalseter88

Regular Member
Joined
Mar 4, 2010
Messages
334
Location
Kansas city, Kansas United States
yep. you can tell how he talks. but if thats not enough. one of the admins on missouricarry has confirmed that is is coming from the same IP address as dorkfish. he has the realteach on both this site and missiouricarry.com, and now on missouricarryy he posting stuff on both dorkfish and his realteach account.
 
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kylemoul

Regular Member
Joined
Jan 1, 2011
Messages
640
Location
st louis
what rifle do i carry? i dont carry a rifle, if i carry its a ruger sr9c.

as far as hunting game, rifles are .30-06
 

kylemoul

Regular Member
Joined
Jan 1, 2011
Messages
640
Location
st louis
and it should be good judgment not to carry when your loaded just because its alcohol...like me if i drink enough i hit a point and this ugly lady looks smokin.
then you wake up the next morning like...****.

kinda the same thing i personally think of with a gun. at the time you think its a good thing but in the morning, oops.

but every person is different
 

sohighlyunlikely

Regular Member
Joined
Mar 7, 2010
Messages
724
Location
Overland, Missouri, USA
You do have to remember that unlike CCW. Open Carry can be governed by any jurisdiction and there are some that do specifically forbid it in bars.

Florissant

No person who has been issued a concealed carry endorsement by the Missouri Director of Revenue under Sections 571.101--571.121, RSMo., or who has been issued a valid permit or endorsement to carry concealed firearms issued by another State or political subdivision of another State, shall, by authority of that endorsement or permit, be allowed to carry a concealed firearm or to openly carry a firearm into:

Any establishment licensed to dispense intoxicating liquor or non-intoxicating beer for consumption of the premises, which portion is primarily devoted to that purpose without the consent of the owner or manager. The provisions of this Subsection shall not apply to the licensee of said establishment. The provisions of this Subsection shall not apply to any bona fide restaurant open to the general public having dining facilities for not less than fifty (50) persons and that receives at least fifty-one percent (51%) of its gross annual income from the dining facilities by the sale of food. This Subsection does not prohibit the possession of a firearm in a vehicle on the premises of the establishment and shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises. Nothing in this Subsection authorizes any individual who has been issued a concealed carry endorsement to possess any firearm while intoxicated.
 

cshoff

Regular Member
Joined
May 20, 2010
Messages
687
Location
, Missouri, USA
You do have to remember that unlike CCW. Open Carry can be governed by any jurisdiction and there are some that do specifically forbid it in bars.

Florissant

No person who has been issued a concealed carry endorsement by the Missouri Director of Revenue under Sections 571.101--571.121, RSMo., or who has been issued a valid permit or endorsement to carry concealed firearms issued by another State or political subdivision of another State, shall, by authority of that endorsement or permit, be allowed to carry a concealed firearm or to openly carry a firearm into:

Any establishment licensed to dispense intoxicating liquor or non-intoxicating beer for consumption of the premises, which portion is primarily devoted to that purpose without the consent of the owner or manager. The provisions of this Subsection shall not apply to the licensee of said establishment. The provisions of this Subsection shall not apply to any bona fide restaurant open to the general public having dining facilities for not less than fifty (50) persons and that receives at least fifty-one percent (51%) of its gross annual income from the dining facilities by the sale of food. This Subsection does not prohibit the possession of a firearm in a vehicle on the premises of the establishment and shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises. Nothing in this Subsection authorizes any individual who has been issued a concealed carry endorsement to possess any firearm while intoxicated.

Too bad for the City of Florissant that they have absolutely no say so over whether a CCW permit holder can or cannot carry into any bar. While the ordinance quoted above doesn't specify any penalty, it would be irrelevant if it did. They absolutely cannot enforce any type of CCW restriction that is not in exact compliance with the provisions of RSMO 571.
 

kylemoul

Regular Member
Joined
Jan 1, 2011
Messages
640
Location
st louis
hmmm...ok guys. i stay with my brother in florrisant alot and we go to a bar/grill every Wednesday. it is more devoted to the bar part but they sell food.

now if you have a ccw you should be able to carry into a bar. the city says you cant. but how can they they cant overrule state can they?
 

cshoff

Regular Member
Joined
May 20, 2010
Messages
687
Location
, Missouri, USA
hmmm...ok guys. i stay with my brother in florrisant alot and we go to a bar/grill every Wednesday. it is more devoted to the bar part but they sell food.

now if you have a ccw you should be able to carry into a bar. the city says you cant. but how can they they cant overrule state can they?

The City of Florissant has no statutory authority over where you can or can't carry a concealed firearm if you possess a valid CCW permit, other than their ability to post city owned buildings as being "no guns" zones. Any ordinance they have that prohibits a CCW permit holder from carrying into any privately owned building, bar or otherwise, is not enforceable. The State of Missouri has preempted the entire field of legislation regarding concealed firearms.
 

kylemoul

Regular Member
Joined
Jan 1, 2011
Messages
640
Location
st louis
why would they make a ordinance they know cant be enforced?

what specifically does the mo statue state city ordinances cant apply? i may have overread it. that wording screws with your mind.
 

cshoff

Regular Member
Joined
May 20, 2010
Messages
687
Location
, Missouri, USA
why would they make a ordinance they know cant be enforced?

what specifically does the mo statue state city ordinances cant apply? i may have overread it. that wording screws with your mind.

See RSMO 21.750:

Firearms legislation preemption by general assembly, exceptions--limitation on civil recovery against firearms or ammunitions manufacturers, when, exception.

21.750. 1. The general assembly hereby occupies and preempts the entire field of legislation touching in any way firearms, components, ammunition and supplies to the complete exclusion of any order, ordinance or regulation by any political subdivision of this state. Any existing or future orders, ordinances or regulations in this field are hereby and shall be null and void except as provided in subsection 3 of this section.

2. No county, city, town, village, municipality, or other political subdivision of this state shall adopt any order, ordinance or regulation concerning in any way the sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permit, registration, taxation other than sales and compensating use taxes or other controls on firearms, components, ammunition, and supplies except as provided in subsection 3 of this section.

3. 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.

4. The lawful design, marketing, manufacture, distribution, or sale of firearms or ammunition to the public is not an abnormally dangerous activity and does not constitute a public or private nuisance.

5. No county, city, town, village or any other political subdivision nor the state shall bring suit or have any right to recover against any firearms or ammunition manufacturer, trade association or dealer for damages, abatement or injunctive relief resulting from or relating to the lawful design, manufacture, marketing, distribution, or sale of firearms or ammunition to the public. This subsection shall apply to any suit pending as of October 12, 2003, as well as any suit which may be brought in the future. Provided, however, that nothing in this section shall restrict the rights of individual citizens to recover for injury or death caused by the negligent or defective design or manufacture of firearms or ammunition.

6. Nothing in this section shall prevent the state, a county, city, town, village or any other political subdivision from bringing an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the state or such political subdivision.
 

MK

Regular Member
Joined
Mar 29, 2010
Messages
396
Location
USA
Why oh why does this subject keep coming up folks?

I think I explained it pretty well in my opening post why I was interested in understanding the laws in regards to this topic.

I go to a bar when its closed for poker games with friends and associates of the owner. I would like to have that option to carry. My concern isn't so much for the drinking on that account but if I can carry inside that building because it happens to be a bar, even if it is closed to the public.

Also, I've went to that bar during its normal business operations. Most of the time I don't even drink because I am driving but there have been times that my wife has dropped me off and then picked me back up. I almost always carry while driving or as a passenger in our vehicles but on the days that I knew I was going to drink, I left my gun at home because I wasn't sure if it was legal to have in the car if I was intoxicated. By intoxicated, I mean drinking enough to not be legal to drive but I rarely drink enough to be what I would consider drunk.

I don't think I would feel comfortable in the bar open carrying even if I wasn't drinking because of the other people who might be completely plastered, but on the days I am there when its closed to the general public, I plan on carrying everytime I visit now.
 
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