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bolivar open carry

BAMF

Regular Member
Joined
Nov 10, 2010
Messages
34
Location
Bolivar, MO
You may very well have.... with a CCW its legal OR maybe a plain clothes LEO OR he was breaking the law.




6. Openly carries a firearm or any other weapon readily capable of lethal use except in Hunting Heritage Protection Areas as defined in Section 252.243, RSMo.;

D. Subparagraphs (1), (6) and (7) of Subsection (A) of this Section shall not apply to any person who has a valid concealed carry endorsement issued pursuant to Sections 571.101 to 571.121, RSMo., or a valid permit or endorsement to carry concealed firearms issued by another State or political subdivision of another State.
 

oger11c

New member
Joined
Jan 3, 2013
Messages
5
Location
bolivar
Section 252.243, RSMo to my under standing is saying i cant shoot a firearm here not carry it
 

BAMF

Regular Member
Joined
Nov 10, 2010
Messages
34
Location
Bolivar, MO
SECTION 225.285: WEAPONS -- CARRYING CONCEALED -- OTHER UNLAWFUL USE
A. A person commits the offense of unlawful use of weapons if he/she knowingly:

1. Carries concealed upon or about his/her person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use;

2. Sets a spring gun;

3. Discharges or shoots a firearm except in Hunting Heritage Protection Areas as defined in Section 252.243, RSMo.;

4. Exhibits, in the presence of one or more persons, any weapon readily capable of lethal use in an angry or threatening manner;

5. Possesses a firearm or projectile weapon while intoxicated;

6. Openly carries a firearm or any other weapon readily capable of lethal use except in Hunting Heritage Protection Areas as defined in Section 252.243, RSMo.;
 

OC for ME

Regular Member
Joined
Jan 6, 2010
Messages
12,452
Location
White Oak Plantation
Section 252.243, RSMo to my under standing is saying i cant shoot a firearm here not carry it
You will note the really large font.

Hunting heritage protection areas designated, where--no TIF projects permitted, exceptions--discharge of firearms prohibited--areas not included.

252.243. 3. The discharge of firearms for lawful hunting, sporting, target shooting, and all other lawful purposes shall not be prohibited in hunting heritage protection areas, subject to all applicable state and federal laws, and local ordinances prohibiting hunting or the discharge of firearms adopted before August 28, 2007.
The discharge of firearms is regulated, or not, by 252.243.
 

REALteach4u

Regular Member
Joined
Nov 25, 2010
Messages
428
Location
Spfld, Mo.
To go with what OC for Me posted, there's RSMO 563.074 that protects you if you have to discharge your firearm in self-defense. If you're found justified you have an absolute defense and you are protected from criminal prosecution as well as civil lawsuit.
 
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oger11c

New member
Joined
Jan 3, 2013
Messages
5
Location
bolivar
ya but i called the the bolivar pd and thay said i can open carry without a ccw
 
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BAMF

Regular Member
Joined
Nov 10, 2010
Messages
34
Location
Bolivar, MO
Most Leo doesn't know every law. But your going to want some kind of writen proof of the change in the law.

Your not going to have a good defence in court by just saying officer so an so said it was legal. Get written proof and post it. I would love to OC here but I follow the law and currently everything I have found says you need a ccw to Oc
 

OC for ME

Regular Member
Joined
Jan 6, 2010
Messages
12,452
Location
White Oak Plantation
REALteach4u is 100% correct. You must understand that a absolute defense is not a "will not get arrested" card, it is a "stay out of jail" card. Only if you are found by LE to have been justified. If they do not determine via the evidence that you were justified then your fate is left to a jury. LE determines, via the evidence, whether or not you need to remain in custody. The cops are pretty good about figuring our quick like a bunny whether or not you were justified. Then they will "say" something (present the findings of their investigation) to the prosecutor and that person usually will not pursue charges.

"Shall/does not apply" is not the same as a absolute defense. Shall/does not apply means that you can not be prosecuted, let alone be arrested. Then the arrest, if it occurs, for a legal activity will be found to have been conducted in error. CCWing on your endorsement, if required in those jurisdictions, becomes a sticky issue for the arresting officer who just arrested you because he thought he knew the law.

563.026.2.......Whenever evidence relating to the defense of justification under this section is offered, the court shall rule as a matter of law whether the claimed facts and circumstances would, if established, constitute a justification.

3. The defense of justification under this section is an affirmative defense.

http://www.moga.mo.gov/statutes/C500-599/5630000026.HTM
What the above means is that you, or your attorney, must affirm your justification under the statute and then you must meet the standard postulated in my opening statement.
 

FF8126

New member
Joined
Jan 14, 2013
Messages
3
Location
Warrensburg, Mo
RSMO 225.285 earlier cited does not exist. Here is a link to the RSMO directory. http://www.moga.mo.gov/statutes/statutes.htm

As long as the city of Bolivar does not have an ordinance banning open carry it is legal. If you take a look at RSMO 571.030 it reads the same as what was earlier cited as being 225.285, however there is no clause about open carry.
 
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OC for ME

Regular Member
Joined
Jan 6, 2010
Messages
12,452
Location
White Oak Plantation
RSMO 225.285 earlier cited does not exist. Here is a link to the RSMO directory. http://www.moga.mo.gov/statutes/statutes.htm

As long as the city of Bolivar does not have an ordinance banning open carry it is legal. If you take a look at RSMO 571.030 it reads the same as what was earlier cited as being 225.285, however there is no clause about open carry.
225.285 is not a RSMo it is a local ordinance for Bolivar, it seems.
 

FF8126

New member
Joined
Jan 14, 2013
Messages
3
Location
Warrensburg, Mo
225.285 is not a RSMo it is a local ordinance for Bolivar, it seems.

That makes sense. Does anyone happen to have a link to bolivar city ordinances. Just out of curiosity. I pass through there quite a bit and stop to get gas there. I would be interested in reading the ordinances.
 
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