Results 1 to 7 of 7

Thread: Open Carry Question(s)

  1. #1
    Regular Member
    Join Date
    Mar 2011
    Location
    Robertsville
    Posts
    107

    Open Carry Question(s)

    I posted on other site as well, seeking help for understanding


    I am doing some research for franklin county about open carry laws within cities in this county. I came across St. Clair and I am not too sure how to read if it is/or isn't allowed. Copied from Source.


    St. Clair, MO
    Sec. 16-7. Concealed weapons.
    Any person who shall carry concealed on or about his person any firearm, bowie knife, dirk, dagger, razor, slungshot, metal knuckles or other dangerous weapons of any kind or who shall flourish any pistol, or other firearm or any other deadly weapon within the city shall be deemed guilty of an offense; this section shall not apply to any peace officer in the discharge of his duties.
    (Ord. No. 102, 4, 12-1-30)
    State law references: Dangerous and concealed weapons, RSMo 571.030.
    http://library3.municode.com/default...ction=whatsnew

    Also in parks it says no Firearms

    Pacific is ok to open carry but says no to parks?

    http://codes.sullivanpublications.com/pacific-slp/

    What do you guys read into the st. Clair ordinance, I am compling a list for Franklin county with Eureka included (my most traveled areas) and you guys are welcomed to it but I need clarification on the St. Clair.

  2. #2
    Regular Member
    Join Date
    Feb 2011
    Location
    KC
    Posts
    838
    Quote Originally Posted by repomasterstl View Post
    I posted on other site as well, seeking help for understanding


    I am doing some research for franklin county about open carry laws within cities in this county. I came across St. Clair and I am not too sure how to read if it is/or isn't allowed. Copied from Source.


    St. Clair, MO
    Sec. 16-7. Concealed weapons.
    Any person who shall carry concealed on or about his person any firearm, bowie knife, dirk, dagger, razor, slungshot, metal knuckles or other dangerous weapons of any kind or who shall flourish any pistol, or other firearm or any other deadly weapon within the city shall be deemed guilty of an offense; this section shall not apply to any peace officer in the discharge of his duties.
    (Ord. No. 102, 4, 12-1-30)
    State law references: Dangerous and concealed weapons, RSMo 571.030.
    http://library3.municode.com/default...ction=whatsnew

    Also in parks it says no Firearms

    Pacific is ok to open carry but says no to parks?

    http://codes.sullivanpublications.com/pacific-slp/

    What do you guys read into the st. Clair ordinance, I am compling a list for Franklin county with Eureka included (my most traveled areas) and you guys are welcomed to it but I need clarification on the St. Clair.
    It looks like St. Clair is OK for OC, since it's not mentioned specifically, and anything that is not made illegal is by definition legal. Also, if you have a CCW endorsement, you can carry concealed anywhere permitted by federal law. it would be good to review the restrictions in RSMo 571.107 though, it's technically not illegal, but going into places you're not authorized to will not produce good will for the OC movement. Some other people here will disagree with my last sentence. That's fine with me.

    The "no firearms in parks" rule to apply to open carry only, they cannot prohibit open carry of firearms anywhere except where RSMo 571.107 permits them and open spaces are not one of those places.

    Now, just because they can't doesn't mean they don't think they can. And, they may arrest you and make your life difficult. And, as with anything else, IANAL.

  3. #3
    Regular Member sohighlyunlikely's Avatar
    Join Date
    Mar 2010
    Location
    Overland, Missouri, USA
    Posts
    724

    Flourished (Give me a break)

    Quote Originally Posted by repomasterstl View Post
    I posted on other site as well, seeking help for understanding


    or who shall flourish any pistol, or other firearm or any other deadly weapon within the city shall be deemed guilty of an offense;

    What do you guys read into the st. Clair ordinance, I am compiling a list for Franklin county with Eureka included (my most traveled areas) and you guys are welcomed to it but I need clarification on the St. Clair.
    By my reading. And I would bet that I have read more firearms codes then 99.9% of people. I would consider OC in St Clair as a misdemeanor offense. It would not take much stretching to encompass an openly carried firearm as one that is flourished. Flourished just doesn't have a set legal definition and there for could easily used to include OC. That is one poorly written law. But I have seen even worse ones.

    Doc

  4. #4
    Regular Member
    Join Date
    Feb 2011
    Location
    KC
    Posts
    838
    Quote Originally Posted by sohighlyunlikely View Post
    By my reading. And I would bet that I have read more firearms codes then 99.9% of people. I would consider OC in St Clair as a misdemeanor offense. It would not take much stretching to encompass an openly carried firearm as one that is flourished. Flourished just doesn't have a set legal definition and there for could easily used to include OC. That is one poorly written law. But I have seen even worse ones.

    Doc
    I'm not going to argue with Doc. He's played this game a lot longer than I have. I knew that flourishing probably wasn't defined anywhere. But, it's usual dictionary definition tends to be to wave dramatically, or to use grand gestures. In that case, I would think that flourishing would be even harder to prove than brandishing. But, you would likely need a test case to prove it. So, unless you have a barrel full of 50 dollar bills, you might want to not push it.

  5. #5
    Regular Member
    Join Date
    Jun 2006
    Location
    USA
    Posts
    490
    Boy...you ain't kidding - Give me a break! There is nothing in that ordinance that prohibits OC. Period. Words are given their ordinary meaning and its not poorly written. Perhaps some of the .1% of people just don't understand what they are reading?

  6. #6
    Regular Member sohighlyunlikely's Avatar
    Join Date
    Mar 2010
    Location
    Overland, Missouri, USA
    Posts
    724

    Well

    Quote Originally Posted by Article1section23 View Post
    Boy...you ain't kidding - Give me a break! There is nothing in that ordinance that prohibits OC. Period. Words are given their ordinary meaning and its not poorly written. Perhaps some of the .1% of people just don't understand what they are reading?
    Well sense you asked I will break it down for you.

    Flourished as is written in the 15 uses for the word per the dictionary. 2 of the definitions.
    1. an act or instance of brandishing,
    2. an ostentatious display.
    http://dictionary.reference.com/browse/flourish

    Ostentatious is also written into the definition for brandish. So lets look at it's meaning.
    1. characterized by or given to pretentious or conspicuous show in an attempt to impress others:
    2. (of actions, manner, qualities exhibited, etc.) intended to attract notice.
    http://dictionary.reference.com/browse/ostentatiously

    If you can not see the logic that a street cop or 2A unfriendly prosecute will use in making the shoe fit then there is no use no use in further discussing this with you.

    Doc

  7. #7
    Regular Member
    Join Date
    Jun 2006
    Location
    USA
    Posts
    490
    Quote Originally Posted by sohighlyunlikely View Post
    Well sense you asked I will break it down for you.

    Flourished as is written in the 15 uses for the word per the dictionary. 2 of the definitions.
    1. an act or instance of brandishing,
    2. an ostentatious display.
    http://dictionary.reference.com/browse/flourish

    Ostentatious is also written into the definition for brandish. So lets look at it's meaning.
    1. characterized by or given to pretentious or conspicuous show in an attempt to impress others:
    2. (of actions, manner, qualities exhibited, etc.) intended to attract notice.
    http://dictionary.reference.com/browse/ostentatiously

    If you can not see the logic that a street cop or 2A unfriendly prosecute will use in making the shoe fit then there is no use no use in further discussing this with you.

    Doc
    It appears you don't have a grasp of the english language.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •