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legal age for open carry in Missouri?

happyowl

New member
Joined
Oct 28, 2011
Messages
2
Location
Silex, Missouri
Okay, I hope this isn't a stupid question... I've looked all over online and I can't find anything that answers it.
I'm 19 years old and I go running a lot on my quiet, safe neighborhood road which connects to a highway. Anyway, my dad is always worried about me and makes a big deal out of it and my personal safety etc... I may or may not have carried a gun in my pocket several times, but I'm really concerned about getting into trouble with law enforcement :( I don't want to be breaking laws... but I also want my overly-protective dad to stop being on edge everytime I'm out running. Can I legally open carry my gun while I'm out running? If no what would happen to me if I got caught with one concealed?
 

hermannr

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Mar 24, 2011
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2,327
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Okanogan Highland
I don't know MO law, and would suggest you look up their definition of "Concealed" in MO law. Some places OC must be visible from three sides to be OC. Some places, it just must be visible. Look in the definitions section. whatever is not concealed is Open.

Why? well, if you have a small pistol tucked in a IBW holster that has only the grips of the pistol exposed. Is that an attempted conceal? (the three sides places) or is that OC? (everywhere else) If that is OC, just tuck you shirt under the grips and you should be OC and legal (assuming you local area has not restricted OC)

If you are running, you want your carry to be close to your body and small anyway so it does not disturb you running style. You will want active retention on your holster so the pistol cannot fall out...OK?

I can understand your dad's concern, we had 5 daughters (all married and gone now)
 

Firedawg314

Regular Member
Joined
Nov 12, 2011
Messages
227
Location
Florissant, Mo
Tools (hand guns) in Missouri

Hello, I just bought my first handgun here in Missouri and received my CCW. There has been a lot of changes in the laws here. NOW, you apply for a CCW at the age of 21. The same age which you can buy a gun. If you get caught with a gun "concealed" because its in your pocket... you will be in HUGE trouble. There are some counties that allow open carry, but you must be the correct age. Therefore, I highly suggest the following.

talk to your local police department about open carry in that city. Places like St. Louis City... is a NO, they will throw you in jail, even with a CCW, that is its being out in the "open" on you. From my understanding, open carry is "ok" the further you get away from STL city and some of the counties.

So, keep a clean record and wait until you are 21 before you handle any firearms....

Also, in Missouri, its ok to have a loaded gun anywere on you and the car. But that one issue... got to be 21 years old...good luck.
 

breakingbad

Regular Member
Joined
Nov 14, 2011
Messages
12
Location
Lexington
You can legally open carry a rifle or shotgun at the age of 18. However, there is a federal law that prohibits the possession and ownership of handguns unless you are 21 years of age or older. Hope this helps!
 

Grapeshot

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May 21, 2006
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Valhalla
Not true

You can legally open carry a rifle or shotgun at the age of 18. However, there is a federal law that prohibits the possession and ownership of handguns unless you are 21 years of age or older. Hope this helps!

Not true.

You may not purchase from an FFL if you are not 21 years old.
Private purchase is quite legal.
http://www.nraila.org/gunlaws/federal/read.aspx?id=60


Possession is not denied - look at all of the states where under 21 OC regularly.
http://www.opencarry.org/age.html
 

9026543

Regular Member
Joined
Apr 1, 2009
Messages
509
Location
Southern MO
Okay, I hope this isn't a stupid question... I've looked all over online and I can't find anything that answers it.
I'm 19 years old and I go running a lot on my quiet, safe neighborhood road which connects to a highway. Anyway, my dad is always worried about me and makes a big deal out of it and my personal safety etc... I may or may not have carried a gun in my pocket several times, but I'm really concerned about getting into trouble with law enforcement :( I don't want to be breaking laws... but I also want my overly-protective dad to stop being on edge everytime I'm out running. Can I legally open carry my gun while I'm out running? If no what would happen to me if I got caught with one concealed?

You can get a conceled carry permit from the state of Maine at age 18 and it will be good in MO as MO honors alll permits form all states and political subdivisions theeof.
 

breakingbad

Regular Member
Joined
Nov 14, 2011
Messages
12
Location
Lexington
Not true.

You may not purchase from an FFL if you are not 21 years old.
Private purchase is quite legal.
http://www.nraila.org/gunlaws/federal/read.aspx?id=60


Possession is not denied - look at all of the states where under 21 OC regularly.
http://www.opencarry.org/age.html

Sorry sir, but you are wrong.

http://en.wikipedia.org/wiki/Gun_Control_Act_of_1968

It is illegal to purchase and possess a handgun in the United States of America while being under the age of (21).

Possession is not denied only when that person is in their home -defending their self. If you purchase a handgun privately and you are under 21 years of age, that dealer and/or person is liable for your actions. In other words, you are screwed if you sell a handgun to a minor; or someone under the age of 21.
 

Grapeshot

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Valhalla
You can get a conceled carry permit from the state of Maine at age 18 and it will be good in MO as MO honors alll permits form all states and political subdivisions theeof.

I disagree. Please provide a cite supporting this.

When I carry in Missouri, I must obey the laws of Missouri.....not the laws of the state from which I obtained my permit(s)
 

breakingbad

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Nov 14, 2011
Messages
12
Location
Lexington
The facts are here:

http://en.wikipedia.org/wiki/Gun_Control_Act_of_1968

Additionally, 18 USC 922(x) generally prohibits persons under 18 from possessing handguns or handgun ammunition with certain exceptions for employment, target practice, education, and a handgun possessed while defending the home of the juvenile or a home in which they are an invited guest.

There are federal laws, and then there are state laws that govern certain activities within that boundary. There are usually stipulations to almost everything you do in life.
 
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9026543

Regular Member
Joined
Apr 1, 2009
Messages
509
Location
Southern MO
I disagree. Please provide a cite supporting this.

When I carry in Missouri, I must obey the laws of Missouri.....not the laws of the state from which I obtained my permit(s)


You are correct that while in MO you must obey MO laws so therefore since the state of Maine will issue a non resident permit to a qualified person at age 18 and MO honors permits from all states and political subdivisions thereof you would be legal. Mo law states that a resident must be 21 to apply for a permit. This was just changed on Aug 28 of this year and is not reflected in the URL below.

http://www.moga.mo.gov/statutes/c571.htm
 

Grapeshot

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May 21, 2006
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Valhalla
The facts are here:

http://en.wikipedia.org/wiki/Gun_Control_Act_of_1968

Additionally, 18 USC 922(x) generally prohibits persons under 18 from possessing handguns or handgun ammunition with certain exceptions for employment, target practice, education, and a handgun possessed while defending the home of the juvenile or a home in which they are an invited guest.

There are federal laws, and then there are state laws that govern certain activities within that boundary. There are usually stipulations to almost everything you do in life.

Your "cite" fails majestically. Wikipedia? Please - anyone can change what is expressed there.:banghead:

The federal government was sued over this and they LOST.
http://forum.opencarry.org/forums/showthread.php?80767-Federal-Government-Sued-over-Age-Restrictions

Federal laws do NOT cover all aspects of the age requirements - your inexperience and unwillingness to properly research is glaring. Before you embarrass yourself further, I suggest you consult a competent RKBA attorney or even the BATFE direct.
 

Grapeshot

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May 21, 2006
Messages
35,317
Location
Valhalla
I disagree. Please provide a cite supporting this.

When I carry in Missouri, I must obey the laws of Missouri.....not the laws of the state from which I obtained my permit(s)

You are correct that while in MO you must obey MO laws so therefore since the state of Maine will issue a non resident permit to a qualified person at age 18 and MO honors permits from all states and political subdivisions thereof you would be legal. Mo law states that a resident must be 21 to apply for a permit. This was just changed on Aug 28 of this year and is not reflected in the URL below.

http://www.moga.mo.gov/statutes/c571.htm

I am quite willing to learn, but must confirm. Your cite does not do this.

Please provide a cite that demonstrates that someone with a permit from another state and under 21 years of age can legally carry in Missouri. Reference to the new statute would be appreciated.
 

breakingbad

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Nov 14, 2011
Messages
12
Location
Lexington
Your "cite" fails majestically. Wikipedia? Please - anyone can change what is expressed there.:banghead:

The federal government was sued over this and they LOST.
http://forum.opencarry.org/forums/showthread.php?80767-Federal-Government-Sued-over-Age-Restrictions

Federal laws do NOT cover all aspects of the age requirements - your inexperience and unwillingness to properly research is glaring. Before you embarrass yourself further, I suggest you consult a competent RKBA attorney or even the BATFE direct.

My father is an attorney. Hmm...
 

Grapeshot

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Your "cite" fails majestically. Wikipedia? Please - anyone can change what is expressed there.:banghead:

The federal government was sued over this and they LOST.
http://forum.opencarry.org/forums/showthread.php?80767-Federal-Government-Sued-over-Age-Restrictions

Federal laws do NOT cover all aspects of the age requirements - your inexperience and unwillingness to properly research is glaring. Before you embarrass yourself further, I suggest you consult a competent RKBA attorney or even the BATFE direct.

My father is an attorney. Hmm...

He is not posting here. You are. There is no relative (pun intended) benefit derived for purposes of this discussion.

One of the owners of OCDO is any attorney. The other owner is in his last year of law school. Do you seriously entertain the thought that they would permit the propagation of wrong/illegal acts here? Such is even in direct violation of OCDO rules which in matters like this are taken very seriously.

I will repeat my premise for those that may have lost sight of it. It is NOT against the law across the board for under 21 to own, possess or carry a handgun.

BTW - I have been there (in court) when someone under 21 but over 18 was charged several times - in ALL such cases the court confirmed that the age consideration was NOT a valid issue.
 

breakingbad

Regular Member
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Nov 14, 2011
Messages
12
Location
Lexington
He is not posting here. You are. There is no relative (pun intended) benefit derived for purposes of this discussion.

One of the owners of OCDO is any attorney. The other owner is in his last year of law school. Do you seriously entertain the thought that they would permit the propagation of wrong/illegal acts here? Such is even in direct violation of OCDO rules which in matters like this are taken very seriously.

I will repeat my premise for those that may have lost sight of it. It is NOT against the law across the board for under 21 to own, possess or carry a handgun.

BTW - I have been there (in court) when someone under 21 but over 18 was charged several times - in ALL such cases the court confirmed that the age consideration was NOT a valid issue.

First off, you never established what you were deriving; and from what source.. Therefore, I'm completely lost. Secondly, who are you speaking of when you mention "permitting" something within this forum? Lawyers? Forum members? If you are referring to me, I had no intentions of providing false information in regards to the federal laws on firearm possession. I merely posted my two-cents and the current federal gun act present within the United States. If you honestly believe your stand is correct in this scenario, please provide legible proof from a certified attorney.

Oh, and another thing. I graduated college with a 4.0 GPA and received a masters degree in psychology.
--Moderator deleted inappropriate remarks--
 

breakingbad

Regular Member
Joined
Nov 14, 2011
Messages
12
Location
Lexington
Ask your father at what age a juvenile becomes an adult in Ky.

From 18USC 922(x):


(x)(1) It shall be unlawful for a person to sell, deliver, or
otherwise transfer to a person who the transferor knows or has
reasonable cause to believe is a juvenile -
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.
(2) It shall be unlawful for any person who is a juvenile to
knowingly possess -
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.
(3) This subsection does not apply to -
(A) a temporary transfer of a handgun or ammunition to a
juvenile or to the possession or use of a handgun or ammunition
by a juvenile if the handgun and ammunition are possessed and



The entire law may be seen at:

http://codes.lp.findlaw.com/uscode/18/I/44/922


From KRS 527.100:


527.100 Possession of handgun by minor.
(1) A person is guilty of possession of a handgun by a minor when, being under
the age of eighteen (18) years,
he possesses, manufactures, or transports a handgun as defined by KRS 527.010, except when the person is:


The entire statute may be seen at:


http://www.lrc.ky.gov/krs/527-00/100.pdf


Now, let's see a citation of a federal or state law from you that says an 18 year old may not possess a handgun. We need something better than "My Daddy is a lawyer" and wikipedia. There are people here that know more about Ky. gun laws than almost any attorney in the state.

As if you didn't already know, Federal Law supersedes state laws. Therefore, the Gun Control Act of 1968 is superior of all statutes.

http://en.wikipedia.org/wiki/Gun_Control_Act_of_1968

All wikipedia's are confirmed through knowledgeable sources and creators must provide adequate citing in order to receive approval.
 

9026543

Regular Member
Joined
Apr 1, 2009
Messages
509
Location
Southern MO
I am quite willing to learn, but must confirm. Your cite does not do this.

Please provide a cite that demonstrates that someone with a permit from another state and under 21 years of age can legally carry in Missouri. Reference to the new statute would be appreciated.

MO statute that states that MO honors all states permits below. When MO still had the 23 year old requirement for APPLYING for a CCW permit they honored permits from all states that had a lower age requirement including Maine at age 18. The law doesn't state that you must be 21 or older to CCW in MO but must now be 21 or older to APPLY for a MO permit. MO residents can also carry on a out of state permit without having a MO permit under this statute.

http://www.moga.mo.gov/statutes/C500-599/5710000030.HTM

Brochure published by the Missouri State Highway Patrol on CCW in MO. It states that MO honors all other states permits and does not mention any age requirement.

http://www.mshp.dps.missouri.gov/MSHPWeb/Publications/Brochures/documents/SHP-863.pdf

Bill that lowered the age requirement to APPLY for a MO permit from 23 to 21 among other things. It was signed by the Gov and went into effect Aug 28, 2011. MO has not published the new book of statutes yet.

http://www.house.mo.gov/billtracking/bills111/biltxt/truly/HB0294T.htm
 
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Grapeshot

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May 21, 2006
Messages
35,317
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Valhalla
MO statute that states that MO honors all states permits below. When MO still had the 23 year old requirement for APPLYING for a CCW permit they honored permits from all states that had a lower age requirement including Maine at age 18. The law doesn't state that you must be 21 or older to CCW in MO but must now be 21 or older to APPLY for a MO permit. MO residents can also carry on a out of state permit without having a MO permit under this statute.

http://www.moga.mo.gov/statutes/C500-599/5710000030.HTM

Brochure published by the Missouri State Highway Patrol on CCW in MO. It states that MO honors all other states permits and does not mention any age requirement.

http://www.mshp.dps.missouri.gov/MSHPWeb/Publications/Brochures/documents/SHP-863.pdf

Bill that lowered the age requirement to APPLY for a MO permit from 23 to 21 among other things. It was signed by the Gov and went into effect Aug 28, 2011. MO has not published the new book of statutes yet.

http://www.house.mo.gov/billtracking/bills111/biltxt/truly/HB0294T.htm

Appreciate it very much - that is indeed an unusual set of circumstances.

Reading those was a lot like unraveling a wad of twine :uhoh:
 
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