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Salem, MO / Licking, MO

HighFlyingA380

Regular Member
Joined
Nov 30, 2011
Messages
301
Location
West St. Louis County (Ellisville)
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!
 

Freedom 1st

Regular Member
Joined
Mar 23, 2010
Messages
95
Location
south central MO, USA
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)
 

kcgunfan

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Feb 22, 2011
Messages
1,002
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KC
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.

Sent from my T-Mobile G2 using Tapatalk
 

HighFlyingA380

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Nov 30, 2011
Messages
301
Location
West St. Louis County (Ellisville)
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.
 
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Freedom 1st

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Joined
Mar 23, 2010
Messages
95
Location
south central MO, USA
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.
 

Verd

Campaign Veteran
Joined
Aug 11, 2011
Messages
381
Location
Lampe, Missouri, United States
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.
 

HighFlyingA380

Regular Member
Joined
Nov 30, 2011
Messages
301
Location
West St. Louis County (Ellisville)
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.
 

REALteach4u

Regular Member
Joined
Nov 25, 2010
Messages
428
Location
Spfld, Mo.
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.
 

HighFlyingA380

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Messages
301
Location
West St. Louis County (Ellisville)
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.
 

kylemoul

Regular Member
Joined
Jan 1, 2011
Messages
640
Location
st louis
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
 
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HighFlyingA380

Regular Member
Joined
Nov 30, 2011
Messages
301
Location
West St. Louis County (Ellisville)
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?
 

kylemoul

Regular Member
Joined
Jan 1, 2011
Messages
640
Location
st louis
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?
 

HighFlyingA380

Regular Member
Joined
Nov 30, 2011
Messages
301
Location
West St. Louis County (Ellisville)
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.
 

Freedom 1st

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Mar 23, 2010
Messages
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Location
south central MO, USA
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.
 
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kylemoul

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Jan 1, 2011
Messages
640
Location
st louis
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
 

HighFlyingA380

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Joined
Nov 30, 2011
Messages
301
Location
West St. Louis County (Ellisville)
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.
 

Freedom 1st

Regular Member
Joined
Mar 23, 2010
Messages
95
Location
south central MO, USA
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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