sohighlyunlikely
Regular Member
I am not giving legal advice or condoning any one ever break any law. This is just a resource for you to use and understand the items of my research.
OK we will start from the top Everything is legal unless a law is made to make it illegal. (Blue shirts are legal because there is no law against blue shirts) Laws don't tell us what we can do just the punishments for doing the things that a law says is illegal.
At the state level we have the Missouri Constitution Bill of rights section 23
"That the right of every citizen to keep and bear arms in defense of his home, person and property, or when lawfully summoned in aid of the civil power, shall not be questioned; but this shall not justify the wearing of concealed weapons. "
then you have the true codes of the state 571.010-571.070 that list no mention of OC.
As we know, no laws referring to it means it is legal(good for OC and blue shirts as well)
So on the state level there are no laws against Open Carry and you are even given a fundamental right to your firearms.
now here is where it gets off track a little. The state says that counties and cities can make their own laws governing Open Carry. It is Chapter 21 Section 21.750
"Nothing contained in this section shall prohibit any ordinance of any political subdivision which conforms exactly with any of the provisions of sections 571.010 to 571.070, with appropriate penalty provisions, or which regulates the open carrying of firearms readily capable of lethal use or the discharge of firearms within a jurisdiction, provided such ordinance complies with the provisions of section 252.243."
So that being an acknowledgment to the legality to OC if a town or county has no law regarding OC then you are good to go in I'd say about 88% of Missouri.
So now we are down to that 12% In that 12% you will see that half say OC is illegal unless you have a CCW. Here is an example of that. below is the entire section that has the only ordinance that refers to Open Carry for the city of Olivette.
You will see in subsection A. subparagraph 6 is a law that makes OC illegal. The following paragraphs B. C. D. E. F. list exceptions to section A. The one that we are talking about is paragraph D. It specifically exempts subparagraphs 1,6 and 7 of subsection A
SECTION 215.340: 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 within the City limits;*
4. Exhibits, in the presence of one (1) 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 within the City limits;
7. Carries a firearm, whether loaded or unloaded, or any other weapon readily capable of lethal use into any school, onto any school bus or onto the premises of any function or activity sponsored or sanctioned by school officials or the district school board.
B. Subparagraphs (1), (3), (4), (6) and (7) of Subsection (A) of this Section shall not apply to or affect any of the following:
1. All State, County and Municipal Peace Officers who have completed the training required by the Police Officer Standards and Training Commission pursuant to Sections 590.030 to 590.050, RSMo., and possessing the duty and power of arrest for violation of the general criminal laws of the State or for violation of ordinances of Counties or Municipalities of the State, whether such officers are on or off duty and whether such officers are within or outside of the Law Enforcement Agency's jurisdiction or all qualified retired Peace Officers, as defined in Subsection (10) of Section 571.030, RSMo., and who carry the identification defined in Subsection (11) of Section 571.030, RSMo., or any person summoned by such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer;
2. Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime;
3. Members of the Armed Forces or National Guard while performing their official duty;
4. Those persons vested by Article V, Section 1 of the Constitution of Missouri with the judicial power of the State and those persons vested by Article III of the Constitution of the United States with the judicial power of the United States, the members of the Federal judiciary;
5. Any person whose bona fide duty is to execute process, civil or criminal;
6. Any Federal Probation Officer or Federal Flight Deck Officer as defined under the Federal Flight Deck Officer Program, 49 U.S.C. Section 44921;
7. Any State Probation or Parole Officer, including supervisors and members of the Board of Probation and Parole;
8. Any corporate security advisor meeting the definition and fulfilling the requirements of the regulations established by the Board of Police Commissioners under Section 84.340, RSMo.; and
9. Any coroner, deputy coroner, medical examiner or assistant medical examiner.
C. Subparagraphs (1), (5), (6) and (7) of Subsection (A) of this Section do not apply when the actor is transporting such weapons in a non-functioning state or in an unloaded state when ammunition is not readily accessible or when such weapons are not readily accessible. Subparagraph (1) of Subsection (A) of this Section does not apply to any person twenty-one (21) years of age or older transporting a concealable firearm in the passenger compartment of a motor vehicle, so long as such concealable firearm is otherwise lawfully possessed, nor when the actor is also in possession of an exposed firearm or projectile weapon for the lawful pursuit of game or is in his/her dwelling unit or upon premises over which the actor has possession, authority or control or is traveling in a continuous journey peaceably through this State. Subparagraph (7) of Subsection (A) of this Section does not apply if the firearm is otherwise lawfully possessed by a person while traversing school premises for the purposes of transporting a student to or from school or possessed by an adult for the purposes of facilitation of a school-sanctioned firearm-related event.
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.
E. Subparagraphs (3), (4), (5), (6) and (7) of Subsection (A) of this Section shall not apply to persons who are engaged in a lawful act of defense pursuant to Section 563.031, RSMo.
F. Nothing in this Section shall make it unlawful for a student to actually participate in school-sanctioned gun safety courses, student military or ROTC courses or other school-sponsored firearm-related events, provided the student does not carry a firearm or other weapon readily capable of lethal use into any school, onto any school bus or onto the premises of any other function or activity sponsored or sanctioned by school officials or the district school board.
Note--Under certain circumstances this offense can be a felony under state law.
*State Law Reference--Section 252.243.3, RSMo., limits the discharge of firearms in certain areas known as Hunting Heritage Protection Areas, which are defined therein.
OK we will start from the top Everything is legal unless a law is made to make it illegal. (Blue shirts are legal because there is no law against blue shirts) Laws don't tell us what we can do just the punishments for doing the things that a law says is illegal.
At the state level we have the Missouri Constitution Bill of rights section 23
"That the right of every citizen to keep and bear arms in defense of his home, person and property, or when lawfully summoned in aid of the civil power, shall not be questioned; but this shall not justify the wearing of concealed weapons. "
then you have the true codes of the state 571.010-571.070 that list no mention of OC.
As we know, no laws referring to it means it is legal(good for OC and blue shirts as well)
So on the state level there are no laws against Open Carry and you are even given a fundamental right to your firearms.
now here is where it gets off track a little. The state says that counties and cities can make their own laws governing Open Carry. It is Chapter 21 Section 21.750
"Nothing contained in this section shall prohibit any ordinance of any political subdivision which conforms exactly with any of the provisions of sections 571.010 to 571.070, with appropriate penalty provisions, or which regulates the open carrying of firearms readily capable of lethal use or the discharge of firearms within a jurisdiction, provided such ordinance complies with the provisions of section 252.243."
So that being an acknowledgment to the legality to OC if a town or county has no law regarding OC then you are good to go in I'd say about 88% of Missouri.
So now we are down to that 12% In that 12% you will see that half say OC is illegal unless you have a CCW. Here is an example of that. below is the entire section that has the only ordinance that refers to Open Carry for the city of Olivette.
You will see in subsection A. subparagraph 6 is a law that makes OC illegal. The following paragraphs B. C. D. E. F. list exceptions to section A. The one that we are talking about is paragraph D. It specifically exempts subparagraphs 1,6 and 7 of subsection A
SECTION 215.340: 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 within the City limits;*
4. Exhibits, in the presence of one (1) 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 within the City limits;
7. Carries a firearm, whether loaded or unloaded, or any other weapon readily capable of lethal use into any school, onto any school bus or onto the premises of any function or activity sponsored or sanctioned by school officials or the district school board.
B. Subparagraphs (1), (3), (4), (6) and (7) of Subsection (A) of this Section shall not apply to or affect any of the following:
1. All State, County and Municipal Peace Officers who have completed the training required by the Police Officer Standards and Training Commission pursuant to Sections 590.030 to 590.050, RSMo., and possessing the duty and power of arrest for violation of the general criminal laws of the State or for violation of ordinances of Counties or Municipalities of the State, whether such officers are on or off duty and whether such officers are within or outside of the Law Enforcement Agency's jurisdiction or all qualified retired Peace Officers, as defined in Subsection (10) of Section 571.030, RSMo., and who carry the identification defined in Subsection (11) of Section 571.030, RSMo., or any person summoned by such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer;
2. Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime;
3. Members of the Armed Forces or National Guard while performing their official duty;
4. Those persons vested by Article V, Section 1 of the Constitution of Missouri with the judicial power of the State and those persons vested by Article III of the Constitution of the United States with the judicial power of the United States, the members of the Federal judiciary;
5. Any person whose bona fide duty is to execute process, civil or criminal;
6. Any Federal Probation Officer or Federal Flight Deck Officer as defined under the Federal Flight Deck Officer Program, 49 U.S.C. Section 44921;
7. Any State Probation or Parole Officer, including supervisors and members of the Board of Probation and Parole;
8. Any corporate security advisor meeting the definition and fulfilling the requirements of the regulations established by the Board of Police Commissioners under Section 84.340, RSMo.; and
9. Any coroner, deputy coroner, medical examiner or assistant medical examiner.
C. Subparagraphs (1), (5), (6) and (7) of Subsection (A) of this Section do not apply when the actor is transporting such weapons in a non-functioning state or in an unloaded state when ammunition is not readily accessible or when such weapons are not readily accessible. Subparagraph (1) of Subsection (A) of this Section does not apply to any person twenty-one (21) years of age or older transporting a concealable firearm in the passenger compartment of a motor vehicle, so long as such concealable firearm is otherwise lawfully possessed, nor when the actor is also in possession of an exposed firearm or projectile weapon for the lawful pursuit of game or is in his/her dwelling unit or upon premises over which the actor has possession, authority or control or is traveling in a continuous journey peaceably through this State. Subparagraph (7) of Subsection (A) of this Section does not apply if the firearm is otherwise lawfully possessed by a person while traversing school premises for the purposes of transporting a student to or from school or possessed by an adult for the purposes of facilitation of a school-sanctioned firearm-related event.
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.
E. Subparagraphs (3), (4), (5), (6) and (7) of Subsection (A) of this Section shall not apply to persons who are engaged in a lawful act of defense pursuant to Section 563.031, RSMo.
F. Nothing in this Section shall make it unlawful for a student to actually participate in school-sanctioned gun safety courses, student military or ROTC courses or other school-sponsored firearm-related events, provided the student does not carry a firearm or other weapon readily capable of lethal use into any school, onto any school bus or onto the premises of any other function or activity sponsored or sanctioned by school officials or the district school board.
Note--Under certain circumstances this offense can be a felony under state law.
*State Law Reference--Section 252.243.3, RSMo., limits the discharge of firearms in certain areas known as Hunting Heritage Protection Areas, which are defined therein.