Gun laws in Missouri

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Location of Missouri in the United States

Gun laws in Missouri regulate the sale, possession, and use of firearms and ammunition in the state of Missouri in the United States.[1][2]

Summary table[edit]

Subject/Law Long Guns Handguns Relevant Statutes Notes
Permit to purchase required? No No
Firearm registration? No No
Owner license required? No No
Carry permits issued? No Yes Missouri is a "shall issue" state for concealed carry. Permitless carry takes effect January 1, 2017.[3]
Open carry permitted? Yes Yes Open carry is permitted. As of October 11, 2014, a valid CCW overrides local laws against Open Carry, state wide.
State preemption of local restrictions? Yes Yes Local governments are allowed to regulate open carry and the discharge of firearms (except in self defense); however, ccw permit holders are exempt from ordinances banning open carry.[4]
Assault weapon law? No No
Magazine Capacity Restriction? No No
NFA weapons restricted? No No
Peaceable journey law? Yes Yes
Background checks required for private sales? No No

Concealed carry[edit]

Missouri Statute 571.070 (8/28/2007) says that it is unlawful for a felon or adjudged incompetent Person to have possession of any firearm (including concealable firearms). Violation of this law is a class C felony.[5] This law was the subject of a challenge, in which a nonviolent felon successfully argued that the law is unconstitutional as applied to him. The law failed muster against the required strict scrutiny test.[6][7] However, the law was found to be constitutional by the Supreme Court of Missouri.[8]

Missouri law exempts the possession of antique firearms, as defined in 18 U.S.C. Section 921, from the provision that specifies a person commits the crime of unlawful possession of a firearm if he or she is a convicted felon possessing a firearm.[5]

Missouri Statute 571.121 (8/28/2007) says that: (a) You have to carry your permit with you when you carry the concealed weapon, and if you don't have it with you, it is not a crime, but you can be fined up to $35; and that (b) County sheriffs issue a state CCW I.D. that reflects that you can carry concealed.[9]

In September 2014, Missouri lawmakers passed SB 656 allowing specially trained school employees to carry concealed guns on campuses. It also allows anyone with a concealed weapons permit to carry guns openly in cities or towns with bans against the open carrying of firearms. The age to obtain a concealed weapons permit was also dropped from 21 to 19 [See 2014 Senate Bill 656]. Missouri became the 10th state to pass legislation allowing armed school employees since the mass shooting at Sandy Hook Elementary School in Newtown, Connecticut, in 2012.[10] The bill was initially vetoed by Gov. Nixon, but the Missouri legislature overrode the veto during the September veto session.[11]

In September 2016, another Senate bill coincidentally numbered SB 656 was passed allowing permitless concealed carry by anyone 18 years of age or older who may lawfully own a gun. This bill was also vetoed by Governor Nixon, on June 27, 2016. After the Missouri legislature reconvened for the veto-override session on September 14, 2016, the Senate voted to override the veto with a 24 – 6 vote (23 required) and the House followed through shortly thereafter with a 112 – 41 vote (109 required). The permitless carry provision of the bill goes into effect January 1, 2017.[3]

Open carry[edit]

Missouri allows any person who has a valid concealed carry endorsement or permit and is lawfully carrying a firearm in a concealed manner to briefly and openly display the firearm, so long as the firearm is not displayed in an angry or threatening manner.[12] Some localities prohibit open carry; however, concealed carry license holders are exempted from this restriction.[13]

Concealed Carry Permit Requirement Exceptions[edit]

One exception in which no concealed carry permit is required is when the weapon is in a non-functioning state (for instance, if it has a barrel lock in place), or if the weapon is unloaded and no ammunition is readily accessible.

Another exception is while traveling in a car and either above the age 19 or 18 and a member of the armed forces (or honorably discharged). Missouri's old "peaceable journey" law, which allowed a person to conceal a weapon in a car while on a "peaceable journey" through the state (including journeys that begin and end outside of the state, begin and end inside of the state, begin in the state and end outside the state, or begin outside of the state and end in the state), is still in effect and has no age restriction.[14]

Another exception is when a person is also carrying an exposed firearm for the lawful pursuit of game. For instance, if a hunter is openly carrying his deer rifle, he may also conceal a handgun without a concealed carry permit.

Another exception is when a person is on their own property.[15]

As of January 1, 2017, a permit is not required to carry concealed.[3]

References[edit]

  1. ^ "State Gun Laws: Missouri", National Rifle Association – Institute for Legislative Action. Retrieved December 30, 2012.
  2. ^ "Missouri State Law Summary", Law Center to Prevent Gun Violence. Retrieved December 30, 2012.
  3. ^ a b c NRA-ILA. "NRA-ILA | Missourians Celebrate a Win for Self-Defense Rights on Wednesday". Retrieved 2016-09-15. 
  4. ^ http://moga.mo.gov/mostatutes/stathtml/02100007501.html, Missouri Revised Statutes, 21.750 Firearms legislation preemption by general assembly, exceptions--limitation on civil recovery against firearms or ammunitions manufacturers, when, exception.
  5. ^ a b http://www.moga.mo.gov/mostatutes/stathtml/57100000701.html, Missouri Revised Statutes, 571.070 Possession of firearm unlawful for certain persons--penalty--exception.
  6. ^ http://www.stltoday.com/news/local/crime-and-courts/st-louis-judge-tosses-out-gun-case-citing-newly-enacted/article_59c7444f-1f6a-5ac7-aa5c-ec8bf4af09a0.html
  7. ^ https://www.documentcloud.org/documents/1678155-robinsonmotion.html
  8. ^ Mann, Jennifer S. "Missouri Supreme Court says Amendment 5 did not extend gun rights to non-violent felons". stltoday.com. Retrieved 2016-03-15. 
  9. ^ http://www.moga.mo.gov/mostatutes/stathtml/57100001211.html, Missouri Revised Statutes, 571.121 Duty to carry and display endorsement, penalty for violation--director of revenue immunity from liability, when.
  10. ^ Ballentine, Summer. "Missouri lawmakers expand gun rights in schools". Washington Times. Retrieved 12 September 2014. 
  11. ^ Bergquist, Garrett. "State Senate overrides gun bill veto". Retrieved 19 September 2014. 
  12. ^ "Section 571.037 RSMo.". Missouri Revised Statutes. August 28, 2014. Retrieved 9 June 2015. 
  13. ^ "Section 21.750 RSMo.". Missouri Revised Statutes. August 28, 2014. Retrieved 9 June 2015. 
  14. ^ "Missouri Concealed Weapons Law" (PDF). Missouri Department of Public Safety. Retrieved 12 February 2015. 
  15. ^ "Section 571.0030 RSMo. Subsection 3". Missouri Revised Statutes. Retrieved 12 February 2015. 

External links[edit]