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Thread: Salem, MO / Licking, MO

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    Regular Member HighFlyingA380's Avatar
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    Salem, MO / Licking, MO

    Anybody have experiences carrying in these cities? My farm is located in between the two, So I'd like to start carrying when I go into town. I have been unsuccessful in finding any municipal codes/laws for Salem. Any help in this area would be great. I'm not that great in reading laws and legal jargon, but from what I gather form reading codes from cities that are communist, I think the key phrase in the weapons offenses is:

    "A person commits the offense of unlawful use of weapons if he/she knowingly:
    .
    .
    .
    6. Openly carries a firearm or any other weapon readily capable of lethal use;"

    Since I don't see that phrase in the Licking municipal codes, I'm assuming it's legal? Thanks for your help and input!

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    Campaign Veteran Verd's Avatar
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    The thing about laws that you have to remember is that if the law doesn't say that you cannot OC, then you can.
    One loves to possess arms, though they hope never to have occasion for them. Thomas Jefferson to George Washington, 1796.
    If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun. - Dalai Lama (Seattle Times, 05-15-2001).
    Find businesses that are pro gun and those that aren't. Support Friend or Foe by using it!

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    Quote Originally Posted by HighFlyingA380 View Post
    Anybody have experiences carrying in these cities? My farm is located in between the two, So I'd like to start carrying when I go into town. I have been unsuccessful in finding any municipal codes/laws for Salem. Any help in this area would be great. I'm not that great in reading laws and legal jargon, but from what I gather form reading codes from cities that are communist, I think the key phrase in the weapons offenses is:

    "A person commits the offense of unlawful use of weapons if he/she knowingly:
    .
    .
    .
    6. Openly carries a firearm or any other weapon readily capable of lethal use;"

    Since I don't see that phrase in the Licking municipal codes, I'm assuming it's legal? Thanks for your help and input!
    Salems codes are not posted online. (so says a phone call to the mayors office)

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    You need to make a broad based search, not something that parrots state law. Try searching for weapon, firearm, concealed, and discharge at a minimum.

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    Regular Member HighFlyingA380's Avatar
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    I sent an email an got a response in about 3 hours. Here it is: "The City of Salem has no ordinances concerning openly carrying firearms. According to the Constitution any citizen has a right to bare arms. I have enclosed what is in our Code Book concerning weapons. -Karen" (It goes on with weapons excerpts from the code book , which are basically identical to the state statutes.)

    I absolutely love the "according to the constitution" part. Why can't every governing body use common sense and think like this? I figured this would be the case, since it's in the middle of nowhere Missouri, but I just wanted to be sure. I'm gonna print the email and carry it just in case I get stopped by some smart-ass LEO that doesn't do his job correctly.
    Last edited by HighFlyingA380; 01-11-2012 at 04:48 PM. Reason: typo

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    Quote Originally Posted by HighFlyingA380 View Post
    I sent an email an got a response in about 3 hours. Here it is: "The City of Salem has no ordinances concerning openly carrying firearms. According to the Constitution any citizen has a right to bare arms. I have enclosed what is in our Code Book concerning weapons. -Karen" (It goes on with weapons excerpts from the code book , which are basically identical to the state statutes.)

    I absolutely love the "according to the constitution" part. Why can't every governing body use common sense and think like this? I figured this would be the case, since it's in the middle of nowhere Missouri, but I just wanted to be sure. I'm gonna print the email and carry it just in case I get stopped by some smart-ass LEO that doesn't do his job correctly.
    You gotta love Karen she is my sister-in-law's, mother. Wonderful lady.
    I was just afraid to tell you it was legal, when I have'nt laid eyes on the ordinances myself. Nice to know. I'm a little closer to Rolla, for most of my business.

    I have never had any problems while OC'ing in Salem, but never isn't over yet, LOL. And theres a first time for everything.

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    Campaign Veteran Verd's Avatar
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    Quote Originally Posted by HighFlyingA380 View Post
    I sent an email an got a response in about 3 hours. Here it is: "The City of Salem has no ordinances concerning openly carrying firearms. According to the Constitution any citizen has a right to bare arms. I have enclosed what is in our Code Book concerning weapons. -Karen" (It goes on with weapons excerpts from the code book , which are basically identical to the state statutes.)

    I absolutely love the "according to the constitution" part. Why can't every governing body use common sense and think like this? I figured this would be the case, since it's in the middle of nowhere Missouri, but I just wanted to be sure. I'm gonna print the email and carry it just in case I get stopped by some smart-ass LEO that doesn't do his job correctly.
    If only ALL of Missouri was like that, as well as the entire US.
    One loves to possess arms, though they hope never to have occasion for them. Thomas Jefferson to George Washington, 1796.
    If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun. - Dalai Lama (Seattle Times, 05-15-2001).
    Find businesses that are pro gun and those that aren't. Support Friend or Foe by using it!

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    Regular Member HighFlyingA380's Avatar
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    Quote Originally Posted by Freedom 1st View Post
    You gotta love Karen she is my sister-in-law's, mother. Wonderful lady.
    I was just afraid to tell you it was legal, when I have'nt laid eyes on the ordinances myself. Nice to know. I'm a little closer to Rolla, for most of my business.

    I have never had any problems while OC'ing in Salem, but never isn't over yet, LOL. And theres a first time for everything.
    Good to hear. Tell her great job on quick response for me, will ya? You should also suggest that they publish the codes online. I expected it would be at least a few days at least, but a few hours is just stellar. I have not really needed to carry in Salem or Licking (my farm in halfway in between), but my dad and his buddies depleted the food and beer last weekend and I need some basic parts for the tractor, so I'm gonna be making a few trips to town this weekend.

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    Did anyone get anywhere on the Licking law for this post? If not, I'd be willing to take up the task the next time I'm out in Texas County.

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    Regular Member HighFlyingA380's Avatar
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    Quote Originally Posted by REALteach4u View Post
    Did anyone get anywhere on the Licking law for this post? If not, I'd be willing to take up the task the next time I'm out in Texas County.
    I could have sworn I found it on Sullivan Publications, but apparently I hyper-linked the wrong cities codes. I guess Licking/Texas Co. are just like Salem/Dent Co, in that they want to make everything more difficult and not publish on-line.

    I'll just shoot the city of Licking an email just like the one I sent to Salem. I'll let you know the response.

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    Regular Member HighFlyingA380's Avatar
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    Just kidding, I just found it buried in their website, on the police department page. Here's the link to the Licking Municipal Codes
    And here's the link to just the Weapons Offenses section.
    I'll be the first to admit that I'm not that great at reading legal jargon, but It appears that OC is legal.
    Last edited by HighFlyingA380; 01-22-2012 at 09:24 PM. Reason: Added info

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    Quote Originally Posted by HighFlyingA380 View Post
    Just kidding, I just found it buried in their website, on the police department page. Here's the link to the Licking Municipal Codes
    And here's the link to just the Weapons Offenses section.
    I'll be the first to admit that I'm not that great at reading legal jargon, but It appears that OC is legal.
    Thanks HFA380.
    Another +1.

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    we own a place in licking...out there is pretty damn country. i would be surprised if you find a county that touches anything related to firearms. (except state law i guess)

    i looked and number 5
    (5)

    Possesses or discharges a firearm or projectile weapon while intoxicated; or

    is the only thing i can see apply to open carry that they can get you on. (exempt for self defense)

    someone correct me if i am wrong
    Last edited by kylemoul; 01-26-2012 at 08:29 PM.
    Constantly choosing the lesser of two evils is still choosing evil.

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    Regular Member HighFlyingA380's Avatar
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    Quote Originally Posted by kylemoul View Post
    we own a place in licking...out there is pretty damn country. i would be surprised if you find a county that touches anything related to firearms. (except state law i guess)

    i looked and number 5
    (5)

    Possesses or discharges a firearm or projectile weapon while intoxicated; or

    is the only thing i can see apply to open carry that they can get you on. (exempt for self defense)

    someone correct me if i am wrong
    Yeah, you can't be intoxicated. Lickings definition (pretty sure it's the same pretty much everywhere): "Intoxicated means substantially impaired mental or physical capacity resulting from the introduction of any foreign substance into the human body." So you can't carry and be fall-down drunk (legal or not, a terrible idea), but, that's not stopping you from having a few beers with dinner.

    BTW, are your familiar with Olig's BBQ; any info on how OC friendly they are there?

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    Quote Originally Posted by HighFlyingA380 View Post
    Yeah, you can't be intoxicated. Lickings definition (pretty sure it's the same pretty much everywhere): "Intoxicated means substantially impaired mental or physical capacity resulting from the introduction of any foreign substance into the human body." So you can't carry and be fall-down drunk (legal or not, a terrible idea), but, that's not stopping you from having a few beers with dinner.

    BTW, are your familiar with Olig's BBQ; any info on how OC friendly they are there?
    it looks like they have used most of state law, but have broken up the part as in state law you need to "have a firearm readily capable of lethal use, use in an unlawful or threatening manner, and be intoxicated" so that just being intoxicated is enough.

    that that the bbq place by VV?
    Constantly choosing the lesser of two evils is still choosing evil.

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    Regular Member HighFlyingA380's Avatar
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    Quote Originally Posted by kylemoul View Post
    it looks like they have used most of state law, but have broken up the part as in state law you need to "have a firearm readily capable of lethal use, use in an unlawful or threatening manner, and be intoxicated" so that just being intoxicated is enough.

    that that the bbq place by VV?
    Yeah, and is the key word there. Either way, not that big of a deal.

    Yeah, the house just south of VV and 137. Really good food, great service, but a tad high on the price. Still, I plan on being back.

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    Quote Originally Posted by HighFlyingA380 View Post
    Yeah, you can't be intoxicated. Lickings definition (pretty sure it's the same pretty much everywhere): "Intoxicated means substantially impaired mental or physical capacity resulting from the introduction of any foreign substance into the human body." So you can't carry and be fall-down drunk (legal or not, a terrible idea), but, that's not stopping you from having a few beers with dinner.

    BTW, are your familiar with Olig's BBQ; any info on how OC friendly they are there?
    I am not for sure, but I believe the whole firearms/weapons offense ( chapter 571) is prempted (except the open carry of firearms and discharge of firearms in a non defensevive use). Meaning, I do not think Licking could pass a law that did not mirror state law except in those 2 cases, OC and discharge in a non defense type situation. If that be the case the Missouri law changed in 2010. The number # 5 in Mo. law now reads.

    (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;

    If you notice the word AND, and the OR that I emphasized/capitalized. According to Missouri law you now have to be intoxicated AND handle in negligent/unlawful manner OR discharge in a non self defense type situation. Intoxication alone is not enough to be charged.

    Here comes the but: I would not allow myself to be unarmed, because I was going to have a couple beers with my meal. Any more than the couple, I believe the responsible person would probably disarm or at the very least do it at home, legal or not.

    Here comes the disclaimer: I am not a lawyer. I am not giving legal advice. This is my interpretation of Missouri law as it was explained/understood by me. And I am DANG sure not advocating for being drunk while armed, anymore than I would advocate someone being arrested in accordance to an out of date law. Which I believe is what #5 in the Licking codes is.
    Last edited by Freedom 1st; 01-27-2012 at 08:02 PM.

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    Quote Originally Posted by Freedom 1st View Post
    I am not for sure, but I believe the whole firearms/weapons offense ( chapter 571) is prempted (except the open carry of firearms and discharge of firearms in a non defensevive use). Meaning, I do not think Licking could pass a law that did not mirror state law except in those 2 cases, OC and discharge in a non defense type situation. If that be the case the Missouri law changed in 2010. The number # 5 in Mo. law now reads.

    (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;

    If you notice the word AND, and the OR that I emphasized/capitalized. According to Missouri law you now have to be intoxicated AND handle in negligent/unlawful manner OR discharge in a non self defense type situation. Intoxication alone is not enough to be charged.

    Here comes the but: I would not allow myself to be unarmed, because I was going to have a couple beers with my meal. Any more than the couple, I believe the responsible person would probably disarm or at the very least do it at home, legal or not.

    Here comes the disclaimer: I am not a lawyer. I am not giving legal advice. This is my interpretation of Missouri law as it was explained/understood by me. And I am DANG sure not advocating for being drunk while armed, anymore than I would advocate someone being arrested in accordance to an out of date law. Which I believe is what #5 in the Licking codes is.

    yes under that stae law conceal carry is preempt so if they somehow arrest you while you are intoxicated with a firearm, you are covered by state law.

    since Oc is not preempted, that single sentence should allow them to arrest soley if you are intoxicated with a firearm, but that is how i am interpreting it... any views from anyone else? how would you read this?
    this is my first time looking at licking's ordinances.


    and i have not been to that bbq place but my mom and step dad have were only a few miles from there. high but they said it was not too bad. its a bbq place in the middle of no where i would expect prices to be high lol
    Constantly choosing the lesser of two evils is still choosing evil.

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    Regular Member HighFlyingA380's Avatar
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    Quote Originally Posted by Freedom 1st View Post
    I am not for sure, but I believe the whole firearms/weapons offense ( chapter 571) is prempted (except the open carry of firearms and discharge of firearms in a non defensevive use). Meaning, I do not think Licking could pass a law that did not mirror state law except in those 2 cases, OC and discharge in a non defense type situation. If that be the case the Missouri law changed in 2010. The number # 5 in Mo. law now reads.

    (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;

    If you notice the word AND, and the OR that I emphasized/capitalized. According to Missouri law you now have to be intoxicated AND handle in negligent/unlawful manner OR discharge in a non self defense type situation. Intoxication alone is not enough to be charged.

    Here comes the but: I would not allow myself to be unarmed, because I was going to have a couple beers with my meal. Any more than the couple, I believe the responsible person would probably disarm or at the very least do it at home, legal or not.

    Here comes the disclaimer: I am not a lawyer. I am not giving legal advice. This is my interpretation of Missouri law as it was explained/understood by me. And I am DANG sure not advocating for being drunk while armed, anymore than I would advocate someone being arrested in accordance to an out of date law. Which I believe is what #5 in the Licking codes is.
    Thanks for pointing that out. So it would appear that Licking's law is in violation of Missouri state law, so IF you ran into bad cop, you would have a pretty bullet-proof case to argue. And yeah, you're not very responsible if your that highly intoxicated and armed.

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    why can't they all be like this?

    Hey just wanted to let everyone know (especially HFA380).
    I talked to Karen (Salem) this weekend, and found out another interesting tidbit of information. If I understood her correctly, the city of Salem has no laws/ordinances on the books pertaining to weapons. They go by state law when dealing with such things.

    I guess, even I will find it hard to believe until I see the legendary missing section for myself. It sounds to simple/good to be true.
    Guess maybe next time I'm in Salem, I'll stop in and take a picture of a blank piece of paper and have some wallet sized photos made.
    Gotta get off here, I'm starting to get a little teary eyed.

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    Regular Member HighFlyingA380's Avatar
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    Quote Originally Posted by Freedom 1st View Post
    Hey just wanted to let everyone know (especially HFA380).
    I talked to Karen (Salem) this weekend, and found out another interesting tidbit of information. If I understood her correctly, the city of Salem has no laws/ordinances on the books pertaining to weapons. They go by state law when dealing with such things.

    I guess, even I will find it hard to believe until I see the legendary missing section for myself. It sounds to simple/good to be true.
    Guess maybe next time I'm in Salem, I'll stop in and take a picture of a blank piece of paper and have some wallet sized photos made.
    Gotta get off here, I'm starting to get a little teary eyed.
    I have attached a .pdf of the exact email response from Karen. It appears that it is in the Salem City Code book, but is just a copy of MO statutes. (look at the very last line)
    Attached Files Attached Files

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    Quote Originally Posted by HighFlyingA380 View Post
    Yeah, you can't be intoxicated. Lickings definition (pretty sure it's the same pretty much everywhere): "Intoxicated means substantially impaired mental or physical capacity resulting from the introduction of any foreign substance into the human body." So you can't carry and be fall-down drunk (legal or not, a terrible idea), but, that's not stopping you from having a few beers with dinner.

    BTW, are your familiar with Olig's BBQ; any info on how OC friendly they are there?
    Heading out that way soon. Where is that place?

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    Quote Originally Posted by REALteach4u View Post
    Heading out that way soon. Where is that place?
    Realteach, PMs are blocked for you, can you PM me and give an email address?
    If you pull it, you use it. If you pull it and you don't use it, you've done some thing wrong and you might not get another chance. Think about it before you pack it!
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    Regular Member HighFlyingA380's Avatar
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    Quote Originally Posted by REALteach4u View Post
    Heading out that way soon. Where is that place?
    Just south of the 137/VV intersection. Just search "Olig's BBQ, licking, MO" on Google Maps.

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