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public assemblage?

cshoff

cshoff

Regular Member
Joined
May 20, 2010
Messages
687
Location
, Missouri, USA
kylemoul said:
the intox law
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That law applies concealed or open, at home or out, in a vehicle or not.

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

kylemoul

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Joined
Jan 1, 2011
Messages
640
Location
st louis
ooh ok. well as long as i do not act like an idiot, you are fine.

i knew it was for in your home or vehicle. was not sure in public
 
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K

kcgunfan

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Joined
Feb 22, 2011
Messages
1,002
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KC
cshoff said:
You are specifically exempt from RSMO 571.030.1.(8) if you have a valid CCW endorsement under RSMO 571.030.3.3
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So, now I'm even more confused (not that it's an unusual state for me...) RSMO 571.030.3 looks to be about several different exceptions (motor vehicle, hunting, in your house, peaceable journey or a school-sanctioned firearm-related event). I don't see any verbiage relating to CCW endorsements. Can you post the text you think is applicable? I know there has to be something that says 571.107 or 571.030 applies in a particular case, I just don't know what it is, and I don't think this is it.

If you have a CCW endorsement, I think you would be covered under 571.107, no matter if you are OC or CC (although it would appear to be patently stupid in this case to OC). But, if you don't have a CCW, it looks to be clearly illegal to take an openly carried weapon into a election place (or any of the other enumerated areas.) Just as it is illegal to CC without the endorsement.

Honestly, I'm not trying to be difficult, I just want to make sure I've got my bases covered.
 
cshoff

cshoff

Regular Member
Joined
May 20, 2010
Messages
687
Location
, Missouri, USA
kcgunfan said:
So, now I'm even more confused (not that it's an unusual state for me...) RSMO 571.030.3 looks to be about several different exceptions (motor vehicle, hunting, in your house, peaceable journey or a school-sanctioned firearm-related event). I don't see any verbiage relating to CCW endorsements. Can you post the text you think is applicable? I know there has to be something that says 571.107 or 571.030 applies in a particular case, I just don't know what it is, and I don't think this is it.

If you have a CCW endorsement, I think you would be covered under 571.107, no matter if you are OC or CC (although it would appear to be patently stupid in this case to OC). But, if you don't have a CCW, it looks to be clearly illegal to take an openly carried weapon into a election place (or any of the other enumerated areas.) Just as it is illegal to CC without the endorsement.

Honestly, I'm not trying to be difficult, I just want to make sure I've got my bases covered.
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Yeah, I cited the wrong number. Here is what I said: "You are specifically exempt from RSMO 571.030.1.(8) if you have a valid CCW endorsement under RSMO 571.030.3"

What I should have said is "You are specifically exempt from RSMO 571.030.1.(8) if you have a valid CCW endorsement under RSMO 571.030.4"

So here is 571.030.1.(8):

571.030. 1. A person commits the crime of unlawful use of weapons if he or she knowingly:
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.
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(8) Carries a firearm or any other weapon readily capable of lethal use into any church or place where people have assembled for worship, or into any election precinct on any election day, or into any building owned or occupied by any agency of the federal government, state government, or political subdivision thereof; or
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And if we read into the statutes a little further, we find the exception for 571.030.1.(8):

4. Subdivisions (1), (8), and (10) of subsection 1 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 or a valid permit or endorsement to carry concealed firearms issued by another state or political subdivision of another state.
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I apologize for citing the wrong statute. My fault. I had too many numbers running through my head at the moment.

ETA - I went back and corrected the statute number in my previous post so as not to cause any additional confusion.
 
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S

StevenSTL

Regular Member
Joined
Jan 3, 2011
Messages
96
Location
St. Charles
kylemoul said:
sounds good.

on a side note, i did not carry into wildwings because i decided to have a blue moon (with an orange slice), and i know oc and alcohol opens a new door which is usually restricted. was only 1 beer, but liquor is liquor.
but for future use it is good to know.

so far all of my oc have been nothing but eventless. no freaked out people which is good. a few people notice and act scared-like, some people who just didnt break a sweat.

so i was not too egar to carry.
and this was in st charles, if that matters. no oc restriction except assemblage and being intoxicated.
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Kellogg and I OCed at Show Me's in St. Charles last month. Had a few beers and talked for a couple hours. No one said anything to us.
 
K

kcgunfan

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Joined
Feb 22, 2011
Messages
1,002
Location
KC
cshoff said:
I apologize for citing the wrong statute. My fault. I had too many numbers running through my head at the moment.
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No problem with me, I feel the same way as you do. That answers my question on how does 571.030 vs 571.107 apply. I appreciate that.

Now, what if any, is the penalty if someone violates 571.030.1.8 by taking an openly carried firearm into an election place without a CCW endorsement? From my reading, that's covered by 571.030.7 and the penalty is a Class B misdemeanor, just by being there with a firearm or other weapon.
 
cshoff

cshoff

Regular Member
Joined
May 20, 2010
Messages
687
Location
, Missouri, USA
kcgunfan said:
No problem with me, I feel the same way as you do. That answers my question on how does 571.030 vs 571.107 apply. I appreciate that.

Now, what if any, is the penalty if someone violates 571.030.1.8 by taking an openly carried firearm into an election place without a CCW endorsement? From my reading, that's covered by 571.030.7 and the penalty is a Class B misdemeanor, just by being there with a firearm or other weapon.
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That is correct. As per RSMO 571.030.7, violation of 571.030.1.(8) is a Class B Misdemeanor:

7. Unlawful use of weapons is a class D felony unless committed pursuant to subdivision (6), (7), or (8) of subsection 1 of this section, in which cases it is a class B misdemeanor, or subdivision (5) or (10) of subsection 1 of this section, in which case it is a class A misdemeanor if the firearm is unloaded and a class D felony if the firearm is loaded, or subdivision (9) of subsection 1 of this section, in which case it is a class B felony, except that if the violation of subdivision (9) of subsection 1 of this section results in injury or death to another person, it is a class A felony.
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