Peaceable Journey Traffic Stop

[deepdiver]

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Donnykc wrote:

Steelviper wrote:

Carnivore wrote:

Didn't scared shotless type that the officer told him to keep his hands clear, and the officer would remove his wallet from his pocket? that causes me to understand that scared shotless was carrying in an IWB holster on his person on the same side or near where he wears his wallet, therefore if he has no CCW permit, and was wearing an IWB holster w/ a firearm holstered in it he was carrying concealed illegal..

Ok. Let's recap.

1. Scared_shotless was carrying concealed.
2. It's a crime to carry concealed weapons.
3. #2 does not apply if shotless is:
a. over 21
b. in his car
c. so long as such concealable firearm is otherwise lawfully possessed

So he was carry concealed, he doesn't have a permit, but since he's in his car and over 21 he's legal. Missouri CCW law is actually great that way.

After the castle doctrine was expanded to include a citizens car. it makes a weapon not concealed till the moment the citizen steps out of his or her car.

Actually that is not quite correct. RsMO 571.030(3) does not "make a weapon not concealed", but rather exempts one from certain parts of the "A person commits the crime of unlawful use of a weapon if" list, including "Carries concealed upon or about his or her person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use" under the condition that "any person twenty-one 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... or is traveling in a continuous journey peaceably through this state". In other words, it makes carrying concealed without a CCW under certain circumstances not illegal.
http://www.moga.mo.gov/statutes/C500-599/5710000030.HTM

 

[blogman]

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I still have concerns about OC while on the Harley.

 

[guardian57]

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I got this story from a LEO buddy of mine.

One of the other officers on the force walked into a convenience store and sees a 23yo, white male playing a pinball machine. The young man has a semi-auto pistol in a IWB holster, in the 11 o'clock position. The officer arrests the young man, for CCW.

During arraignment, the judge asked the officer how he knew the accused was carrying a concealed weapon. The officer replyed,"Because I saw it, your Honor". To which the judge said, "If you could see it, it wasn't concealed. Case dismissed"

 

[Richieg150]

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That Judge deserves a pat on the back,for doing what was right,I wish I knew the Judges name!