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Thread: Video of the City of Troy MO Board of Aldermen Jun 29 2011 concerning Open Carry Bill

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    Video of the City of Troy MO Board of Aldermen Jun 29 2011 concerning Open Carry Bill

    Video of the City of Troy MO Board of Aldermen Jun 29 2011 concerning Open Carry Bill - Note the bill failed

    Part One : http://www.youtube.com/watch...

    Part Two: http://www.youtube.com/watch...

    Part Two upload to youtube might be slightly delayed due to processing.

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    Regular Member Tony4310's Avatar
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    They aren't up yet. Click on the links and it just go to the home page.

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    Regular Member Tony4310's Avatar
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    Watching now........ You can edit your original post and just replace the links btw

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    Looks good. Glad to see some smart people in office. The only thing I noticed though, They said that carrying it unloaded would make it NOT "readily capable of lethal use". That is wrong. The Missouri courts have already said an unloaded gun is in fact readily capable of lethal use because bullets can be quickly interested. I know the Cape Girardeau case made mention of this differently, but that was not the issue at hand and an unloaded firearm openly carried was not challenged. Other cases that dealt with it regarding concealed carry and that phrase "readily capable of lethal use" said that carrying it unloaded is the same as it being loaded.

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    Regular Member cshoff's Avatar
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    Quote Originally Posted by lancers View Post
    Looks good. Glad to see some smart people in office. The only thing I noticed though, They said that carrying it unloaded would make it NOT "readily capable of lethal use". That is wrong. The Missouri courts have already said an unloaded gun is in fact readily capable of lethal use because bullets can be quickly interested. I know the Cape Girardeau case made mention of this differently, but that was not the issue at hand and an unloaded firearm openly carried was not challenged. Other cases that dealt with it regarding concealed carry and that phrase "readily capable of lethal use" said that carrying it unloaded is the same as it being loaded.
    That is not exactly true. It really all depends on where/how the ammunition is being carried, or if it is being carried at all. RSMO 571.030.3 provides a specific exemption to RSMO 571.030.1.(1) when the gun is "....in a nonfunctioning state or in an unloaded state when ammunition is not readily accessible...".

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    Quote Originally Posted by cshoff View Post
    That is not exactly true. It really all depends on where/how the ammunition is being carried, or if it is being carried at all. RSMO 571.030.3 provides a specific exemption to RSMO 571.030.1.(1) when the gun is "....in a nonfunctioning state or in an unloaded state when ammunition is not readily accessible...".
    I guess what I was saying, the MO courts have said that regardless of bullets, a "readily capable of lethal use" gun is one that functions and whether or not there are bullets in/near the gun doesn't matter for that part. If you bring a bullet from 10 miles away and put it in the gun and it fires, that gun was "readily capable of lethal use" before that bullet got near it.

    That means that if if a municipality prohibits open carry of a firearm "readily capable of lethal use," an unloaded firearm falls into that category. Do you disagree with that?

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