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
State permit required to purchase? No No
Firearm registration? No No
Owner license required? No No
Permit required for concealed carry? No No Missouri is a "shall issue" state for concealed carry. Permitless carry took effect on January 1, 2017.[3]

Per the RSMo, there is no restriction on the concealed carry of long guns or any other weapons in Missouri.[4]

Permit required for open carry? No No 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.[5]
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 D felony.[6] 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.[7][8] However, the law was found to be constitutional by the Supreme Court of Missouri.[9]

According to the Revised Statutes of Missouri (RSMo), Section 571.30, 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.[10][11] 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.[12]

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.[6]

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.[13]

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.[14] The bill was initially vetoed by Gov. Nixon, but the Missouri legislature overrode the veto during the September veto session.[15]

In September 2016, another Senate bill coincidentally numbered SB 656 was passed allowing permitless concealed carry by anyone 19[16][17] 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.[3]

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.[18]

According to RSMo Section 571.30, 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.[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 571.30 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.[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. ^ a b NRA-ILA. "NRA-ILA | Missourians Celebrate a Win for Self-Defense Rights on Wednesday". Retrieved 2016-09-15.
  4. ^ "571.030". revisor.mo.gov. Retrieved 2019-04-02.
  5. ^ 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.
  6. ^ 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.
  7. ^ 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
  8. ^ https://www.documentcloud.org/documents/1678155-robinsonmotion.html
  9. ^ Mann, Jennifer S. "Missouri Supreme Court says Amendment 5 did not extend gun rights to non-violent felons". stltoday.com. Retrieved 2016-03-15.
  10. ^ "571.210". revisor.mo.gov. Retrieved 2019-04-04.
  11. ^ "571.030". revisor.mo.gov. Retrieved 2019-04-02.
  12. ^ "571.107". revisor.mo.gov. Retrieved 2019-04-03.
  13. ^ 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.
  14. ^ Ballentine, Summer. "Missouri lawmakers expand gun rights in schools". Washington Times. Retrieved 12 September 2014.
  15. ^ Bergquist, Garrett. "State Senate overrides gun bill veto". Retrieved 19 September 2014.
  16. ^ https://www.nraila.org/gun-laws/state-gun-laws/missouri/
  17. ^ http://handgunlaw.us/states/missouri.pdf
  18. ^ Erickson, Kurt. "Parson making it official: Guns OK in Missouri Capitol". stltoday.com. Retrieved 2018-11-22.
  19. ^ "571.030". revisor.mo.gov. Retrieved 2019-04-02.
  20. ^ "Section 571.037 RSMo". Missouri Revised Statutes. August 28, 2014. Retrieved 9 June 2015.
  21. ^ "Section 21.750 RSMo". Missouri Revised Statutes. August 28, 2014. Retrieved 9 June 2015.
  22. ^ "571.030". revisor.mo.gov. Retrieved 2019-04-02.

External links[edit]