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 Hand Guns Relevant Statutes Notes
State permit required to purchase? No No
Firearm registration? No No
Assault weapon law? No No
Magazine capacity restriction? No No
Owner license required? No No
Permit required for concealed carry? No No RSMo 571.030 Missouri is a "shall issue" state for citizens and lawful permanent residents who are 19 years or older.
Permitless carry took effect on January 1, 2017.
Permit required for open carry? No No RSMo 21.750
RSMo 571.037
May carry openly without permit, except localities can pass ordinances restricting open carry. Carry permits allow holders to carry openly anywhere in the state.
Castle Doctrine/Stand Your Ground law? Yes Yes RsMo 563
State preemption of local restrictions? Yes Yes RSMo 21.750 Local governments can regulate the open carry and discharge of firearms. In December 2019, St. Louis passed an ordinance forbidding the carrying of firearms in city parks, athletic fields and facilities, and recreational facilities.[3][4] A lawsuit challenging the ordinance as a violation of the preemption law is expected.
NFA weapons restricted? No No
Peaceable Journey laws? 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 D 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]

According to the Revised Statutes of Missouri (RSMo), Section 571.030, a person only commits the crime of carrying a concealed weapon if they carry a concealed weapon into a place where concealed carry is restricted by law, and they do not satisfy one of the exemptions in subsections 2-7, which include having a valid permit or endorsement to carry concealed firearms.[9][10] Those who hold CCW permits are subject only to fines if they refuse to leave after being asked and a peace officer is summoned, and possible revocation of their permit if they repeatedly do this.[11]

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]

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.[12] The bill was initially vetoed by Gov. Nixon, but the Missouri legislature overrode the veto during the September veto session.[13]

In September 2016, another Senate bill coincidentally numbered SB 656 was passed allowing permitless concealed carry by anyone 19[14][15] 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 went into effect on January 1, 2017. The bill instituted a de facto elimination of the minimum age for concealed carry.

A concealed carry permit is required to carry in the state capitol, but one may not carry in the House and Senate chamber floor, gallery and committee meeting rooms.[16]

According to RSMo Section 571.030, there is no restriction on the concealed carry of long guns, nor a restriction on the transport of a loaded firearm in a motor vehicle. Missouri does not prohibit the concealed carry of any specific weapon. There is no age limit to conceal carry a handgun, long gun or any deadly weapon in Missouri.[17]

Some localities have adopted Second Amendment sanctuary resolutions.[18] A statewide sanctuary law was also passed.[19]

Open carry[edit]

Missouri allows open carry without a permit, so long as the firearm is not displayed in an angry or threatening manner.[20] Some localities prohibit open carry; however, concealed carry license holders are exempted from this restriction.[21]

Missouri does not prohibit the open carry of any specific weapon, nor do most of the restrictions in RSMo 571.030 apply to the open carry of a firearm or other weapon. It is not a crime under Missouri law to openly carry a weapon into any place where concealed carry is prohibited, except for a church, school bus, school, or onto the grounds of a school function. According to RSMo Section 571.030, there is no age limit to openly carry a handgun, long gun or any weapon.[22]

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. ^ "BOARD BILL NUMBER: 134" (PDF).
  4. ^ Neman, Daniel. "Guns now banned from St. Louis city parks". stltoday.com. Retrieved December 28, 2019.
  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 March 15, 2016.
  9. ^ "571.210". revisor.mo.gov. Retrieved April 4, 2019.
  10. ^ "571.030". revisor.mo.gov. Retrieved April 2, 2019.
  11. ^ "571.107". revisor.mo.gov. Retrieved April 3, 2019.
  12. ^ Ballentine, Summer. "Missouri lawmakers expand gun rights in schools". Washington Times. Retrieved September 12, 2014.
  13. ^ Bergquist, Garrett. "State Senate overrides gun bill veto". Retrieved September 19, 2014.
  14. ^ https://www.nraila.org/gun-laws/state-gun-laws/missouri/
  15. ^ http://handgunlaw.us/states/missouri.pdf
  16. ^ Erickson, Kurt. "Parson making it official: Guns OK in Missouri Capitol". stltoday.com. Retrieved November 22, 2018.
  17. ^ "571.030". revisor.mo.gov. Retrieved April 2, 2019.
  18. ^ Davis, Noah (January 23, 2021). "Camden County becomes Missouri's first Second Amendment Sanctuary County". Sanctuary Counties. Retrieved February 22, 2021.
  19. ^ Sloan, Nick. "Missouri Gov. Parson signs Second Amendment Preservation Act into law". KCTV Kansas City. Retrieved June 30, 2021.
  20. ^ "Section 571.037 RSMo". Missouri Revised Statutes. August 28, 2014. Retrieved June 9, 2015.
  21. ^ "Section 21.750 RSMo". Missouri Revised Statutes. August 28, 2014. Retrieved June 9, 2015.
  22. ^ "Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo, Missouri Law, MO Law". revisor.mo.gov. Retrieved July 22, 2019.

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