What is Missouri's definition of "readily capable of lethal use"

ChiangShih said:

I agree, the other qualifiers kind of make it a moot point. However, in respect to 8 and 10, though there is a clear separation of the two subjects the phrase "any other" implies inclusion in this context.

Analyzed: The firearm is considered a weapon readily capable of lethal use and other weapons also capable of lethal use are included in the following...

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cshoff said:

Actually, in Subdivision (10), there is no inclusion at all. The statute specifically refers to a firearm, whether loaded or unloaded. It then goes on to say, in addition to the loaded/unloaded firearm, "any other weapon readily capable of lethal use". Since we all know that a unloaded firearm could hardly be considered "readily capable of lethal use", I think it's pretty safe to say that our legislators view a firearm, even in it's unloaded form, to be a completely different animal than "any other weapon readily capable of lethal use", at least as it applies to this particular statute.

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kylemoul said:

571.030
(4) Exhibits, in the presence of one or more persons, any weapon readily capable of lethal use in an angry or threatening manner; or
(5) Has a firearm or projectile weapon readily capable of lethal use on his or her person, while he or she is intoxicated, and handles or otherwise uses such firearm or projectile weapon in either a negligent or unlawful manner or discharges such firearm or projectile weapon unless acting in self-defense;
(10) 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.

to me, readily capable of lethal use means it is ready to fire. i think this means at least a round is chambered.

having your clip in, but not having a round chambered would not count.

having to flip the safety and run the slide to chamber a round does not seem readily capable. this was added in the 28th mainly to deal with the use of alcohol and having a firearm.

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cshoff said:

Yes. In SD(5), the language specifically refers to a "projectile weapon readily capable of lethal use". In other words, the statute specifies two DIFFERENT weapons:

Weapon #1 - A firearm

Weapon #2 - A projectile weapon readily capable of lethal use.

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kylemoul said:

cant weapon 2 also describe as weapon 1 also?

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REALteach4u said:

<snip>.....Why peaceable journey hasn't been repealed based on the Castle Doctrine makes me wonder....<snip>

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REALteach4u said:

It can, but #2 covers airsoft, NERF guns, paintball guns, BB guns, crossbows, sling shots, Atlatl, etc. Basically the latter is a catch-all for anything not defined as a "weapon" by Missouri Statute. I know some of those sound very ridiculous, but there have been municipalities that have used that to outlaw things like NERF guns claiming the Statute says they can, when all the while their agenda is to just be as anti-gun as possible.

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REALteach4u said:

+1, it's also part of the "peaceable journey law" in Missouri. Why peaceable journey hasn't been repealed based on the Castle Doctrine makes me wonder. But then again, many of our current politicians in Missouri had or have no idea that in 1984 the municipalities were given the authority to regulate open carry, far earlier than when concealed carry was enacted. Even in 1984, the regulation of open carry would have been a violation of 2A...why it hasn't been challenged up to this point scares the heck out of me, but a bill to change that is coming and will hopefully pass.

Doc, who is over your district in Missouri?

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jad316 said:

WOW, I'm still very very confused! LOL....I guess I will continue to cc until the day they allow oc!

Jim

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sohighlyunlikely said:

I brought up the issue to try to at least see if "Cali Carry" would be state wide legal here in MO. As that the state gives little restrictions but the local cities do. It is the city code that has to be dealt with. Below is the type of the commonly found local ordinances regarding weapons.

Doc

OVERLAND MO
SECTION 220.225: 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. Discharges or shoots a firearm within the City limits;

3. Possesses a firearm or projectile weapon while intoxicated;

4. Carries a firearm or any other weapon readily capable of lethal use; or

5. 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.

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SavageOne said:

Not to get to off topic,...BUT. 3. states you may not posses a firearm while intoxicated. This has been changed at the state level. Does this change fall under preemption? If local jurisdictions don't have to allow OC do they have to allow possession of a firearm if intoxicated?

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ahg23 said:

sorry to jump a thread, but i cant find an answer and hope someone here can help. if carrying my firearm in my vehicle in missouri; can i have a round in the chamber? i have had 4 different LEO's tell me 3 different things. 2 say yes........... one says loaded mag ok but no round in chamber.......... and the last says no round in chamber or mag in gun (so then i have a pretty brick). i am in branson area....taney county.

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Unlawful use of weapons--exceptions--penalties.

571.030. 1. A person commits the crime of unlawful use of weapons if he or she knowingly:

(1) Carries concealed upon or about his or her person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use; or
.
.
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3. Subdivisions (1), (5), (8), and (10) of subsection 1 of this section do not apply when the actor is transporting such weapons in a nonfunctioning state or in an unloaded state when ammunition is not readily accessible or when such weapons are not readily accessible. Subdivision (1) of subsection 1 of this section does not apply to any person twenty-one 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 this state. Subdivision (10) of subsection 1 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.

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