lordmorpheus
Regular Member
First post here.
An old friend was recently visiting Columbia, MO, where I live and he used to, so we decided to meet up at Flat Branch (a local micro-brewery/restaurant) on a Saturday afternoon. While I normally OC, I hadn't been to a bar in several years, and hadn't had a chance to check RSMO laws before I left, so I left it at home.
On entering the restaurant/bar, I noticed a sign on the front door. (I don't remember the exact wording of the sign) It read something like, "In compliance with RSMO 571.094-25 (15) guns are prohibited." Like I said, I don't remember whether it said concealed, guns, weapons, or what exactly. Something about that sign struck me as wrong, so I memorised the RSMO # to look it up when I got home.
I mentioned this to my friend, and told him, that I was pretty sure I could legally OC at this place, so long as I wasn't asked to leave. Were I asked to leave, and refused, the police could be called, and I would be issued a trespassing charge. Nothing more. He objected, saying he was positive that guns cannot be carried into any place that serves alcohol.
Upon returning home, I found that RSMO 571.094 no longer is on the books, as I suspected. If I ever return there (probably the next time he is in town), I might point that out to the manager.
Fast forward to tonight. I was picking up groceries at Gerbes supermarket on the way home from work tonight. After going through the checkout lane, I walked over to the CPD officer working security there at the time. I asked him if he had time for a possibly quick question, and ran everything past him.
He checked his pocket sized RSMO book, and verified that 571.094 had been repealed. He agreed that I could not CCW at a buisiness that receives more than 50% of its earnings from alcohol, but confirmed that I could OC there, as long as they didn't ask me to leave, and so forth. "As long as you don't drink." he concluded.
Herein lies my confusion: according to RSMO 571.030 it is a violation if: 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.
but
RSMO 571.107 says you cannot CCW into (7) Any establishment licensed to dispense intoxicating liquor for consumption on the premises, which portion is primarily devoted to that purpose, without the consent of the owner or manager. The provisions of this subdivision shall not apply to the licensee of said establishment. The provisions of this subdivision shall not apply to any bona fide restaurant open to the general public having dining facilities for not less than fifty persons and that receives at least fifty-one percent of its gross annual income from the dining facilities by the sale of food. This subdivision 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 subdivision authorizes any individual who has been issued a concealed carry endorsement to possess any firearm while intoxicated.
From what I see, it is Legal to OC wherever I want in this town, excluding parks, which I found from another member of this site, as long as there is not a sign prohibiting it, and/or the private business asks me to leave, etc. I may even have a few drinks while doing so, so long as I do nothing stupid.
Am I reading things correctly?
Final word: All of these questions are purely rhetorical. I do not currently plan to OC to any bars, as I do not frequent bars. 99% of the time, the only time I drink, is in the confides of my home, and my gun stays safely locked in a fingerprint scanning safe, accessible only by me, as I have three children ages 3-13 in the house. My wife asked me why I am so preoccupied by this, and I replied, "because I want to know what the laws are, so as not to unintentionally break them."
Thank you for your time,
Jeremy in Columbia, MO
An old friend was recently visiting Columbia, MO, where I live and he used to, so we decided to meet up at Flat Branch (a local micro-brewery/restaurant) on a Saturday afternoon. While I normally OC, I hadn't been to a bar in several years, and hadn't had a chance to check RSMO laws before I left, so I left it at home.
On entering the restaurant/bar, I noticed a sign on the front door. (I don't remember the exact wording of the sign) It read something like, "In compliance with RSMO 571.094-25 (15) guns are prohibited." Like I said, I don't remember whether it said concealed, guns, weapons, or what exactly. Something about that sign struck me as wrong, so I memorised the RSMO # to look it up when I got home.
I mentioned this to my friend, and told him, that I was pretty sure I could legally OC at this place, so long as I wasn't asked to leave. Were I asked to leave, and refused, the police could be called, and I would be issued a trespassing charge. Nothing more. He objected, saying he was positive that guns cannot be carried into any place that serves alcohol.
Upon returning home, I found that RSMO 571.094 no longer is on the books, as I suspected. If I ever return there (probably the next time he is in town), I might point that out to the manager.
Fast forward to tonight. I was picking up groceries at Gerbes supermarket on the way home from work tonight. After going through the checkout lane, I walked over to the CPD officer working security there at the time. I asked him if he had time for a possibly quick question, and ran everything past him.
He checked his pocket sized RSMO book, and verified that 571.094 had been repealed. He agreed that I could not CCW at a buisiness that receives more than 50% of its earnings from alcohol, but confirmed that I could OC there, as long as they didn't ask me to leave, and so forth. "As long as you don't drink." he concluded.
Herein lies my confusion: according to RSMO 571.030 it is a violation if: 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.
but
RSMO 571.107 says you cannot CCW into (7) Any establishment licensed to dispense intoxicating liquor for consumption on the premises, which portion is primarily devoted to that purpose, without the consent of the owner or manager. The provisions of this subdivision shall not apply to the licensee of said establishment. The provisions of this subdivision shall not apply to any bona fide restaurant open to the general public having dining facilities for not less than fifty persons and that receives at least fifty-one percent of its gross annual income from the dining facilities by the sale of food. This subdivision 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 subdivision authorizes any individual who has been issued a concealed carry endorsement to possess any firearm while intoxicated.
From what I see, it is Legal to OC wherever I want in this town, excluding parks, which I found from another member of this site, as long as there is not a sign prohibiting it, and/or the private business asks me to leave, etc. I may even have a few drinks while doing so, so long as I do nothing stupid.
Am I reading things correctly?
Final word: All of these questions are purely rhetorical. I do not currently plan to OC to any bars, as I do not frequent bars. 99% of the time, the only time I drink, is in the confides of my home, and my gun stays safely locked in a fingerprint scanning safe, accessible only by me, as I have three children ages 3-13 in the house. My wife asked me why I am so preoccupied by this, and I replied, "because I want to know what the laws are, so as not to unintentionally break them."
Thank you for your time,
Jeremy in Columbia, MO