Weird things about Missouri CC law...

Weird things about Missouri CC law...

This is a discussion on Weird things about Missouri CC law... within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; NOTE that these are only my interpretations, feel free to correct me if you notice something I do not and DO NOT take this as ...

Results 1 to 10 of 10

Thread: Weird things about Missouri CC law...

  1. #1
    Member Array opalelement's Avatar
    Join Date
    Feb 2010
    Location
    Springfield, Missouri
    Posts
    65

    Weird things about Missouri CC law...

    NOTE that these are only my interpretations, feel free to correct me if you notice something I do not and DO NOT take this as legal advice...

    All quotes from RSMo CHAPTER 571

    First up, guns are illegal if you have consumed alcohol, right?

    571.030. 1. A person commits the crime of unlawful use of weapons if he or she knowingly:

    ...

    (5) Possesses or discharges a firearm or projectile weapon while intoxicated

    ...

    5. Subdivisions (3), (4), (5), (6), (7), (8), (9), and (10) of subsection 1 of this section shall not apply to persons who are engaged in a lawful act of defense pursuant to section 563.031, RSMo.
    As I understand it, it is illegal to carry a weapon while intoxicated unless you shoot someone in self defense... then it is legal?


    Next, the issue of church, school, and government building carry... They try to trick you

    571.030. 1. A person commits the crime of unlawful use of weapons if he or she knowingly:

    ...

    (8) Carries a firearm or any other weapon readily capable of lethal use into any church or place where people have assembled for worship, or into any election precinct on any election day, or into any building owned or occupied by any agency of the federal government, state government, or political subdivision thereof; or

    ...

    (10) 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.

    ...

    4. Subdivisions (1), (8), and (10) of subsection 1 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 or a valid permit or endorsement to carry concealed firearms issued by another state or political subdivision of another state.
    At this point it looks like as long as you have the CCW, you are allowed to carry in any of those places. However, subsection 4 might as well not exist...

    571.107. 1. A concealed carry endorsement issued pursuant to sections 571.101 to 571.121 or a concealed carry endorsement or permit issued by another state or political subdivision of another state shall authorize the person in whose name the permit or endorsement is issued to carry concealed firearms on or about his or her person or vehicle throughout the state. No driver's license or nondriver's license containing a concealed carry endorsement issued pursuant to sections 571.101 to 571.121 or a concealed carry endorsement or permit issued by another state or political subdivision of another state shall authorize any person to carry concealed firearms into:

    ...

    (2) Within twenty-five feet of any polling place on any election day. Possession of a firearm in a vehicle on the premises of the polling place shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;

    ...

    (10) Any higher education institution or elementary or secondary school facility without the consent of the governing body of the higher education institution or a school official or the district school board. Possession of a firearm in a vehicle on the premises of any higher education institution or elementary or secondary school facility shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;

    ...

    (14) Any church or other place of religious worship without the consent of the minister or person or persons representing the religious organization that exercises control over the place of religious worship. Possession of a firearm in a vehicle on the premises shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;
    And last, as mentioned in http://www.defensivecarry.com/vbulle...i-cc-laws.html you can carry in those places anyway...

    2. Carrying of a concealed firearm in a location specified in subdivisions (1) to (17) of subsection 1 of this section by any individual who holds a concealed carry endorsement issued pursuant to sections 571.101 to 571.121 shall not be a criminal act but may subject the person to denial to the premises or removal from the premises. If such person refuses to leave the premises and a peace officer is summoned, such person may be issued a citation for an amount not to exceed one hundred dollars for the first offense. If a second citation for a similar violation occurs within a six-month period, such person shall be fined an amount not to exceed two hundred dollars and his or her endorsement to carry concealed firearms shall be suspended for a period of one year. If a third citation for a similar violation is issued within one year of the first citation, such person shall be fined an amount not to exceed five hundred dollars and shall have his or her concealed carry endorsement revoked and such person shall not be eligible for a concealed carry endorsement for a period of three years.
    So carry concealed into any of those areas and while technically it is against the law, there is a bonus: If you conceal, nobody will know but you are still allowed to do it. If somehow you get caught, all that should happen is you are told to leave. As long as you leave peacefully when asked, it would appear you could do this every day. (Not suggesting you do this, but technically it appears okay. Just make sure you don't refuse and have the police called.)

    Opinions on this? Anything I missed? Note that I do not suggest that any of this is correct or suggested, I just think the Missouri law is written in a weird way...


  2. #2
    Senior Member Array Daddy Warcrimes's Avatar
    Join Date
    Jun 2006
    Location
    AZ
    Posts
    736
    You missed the public transportation part.
    "and suddenly I can not hold back my sword hand's anger"

    DaddyWarcrimes.com

  3. #3
    VIP Member Array SIGguy229's Avatar
    Join Date
    Mar 2006
    Location
    Kommie-fornia-stan
    Posts
    7,145
    So carry concealed into any of those areas and while technically it is against the law, there is a bonus: If you conceal, nobody will know but you are still allowed to do it. If somehow you get caught, all that should happen is you are told to leave. As long as you leave peacefully when asked, it would appear you could do this every day. (Not suggesting you do this, but technically it appears okay. Just make sure you don't refuse and have the police called.)
    Yep....that's how I read it when I visited my brother in KC....and I even carried during his wedding...
    Magazine <> clip - know the difference

    martyr is a fancy name for crappy fighter
    You have never lived until you have almost died. For those that have fought for it, life has a special flavor the protected will never know

  4. #4
    Member Array gen3monte's Avatar
    Join Date
    Oct 2007
    Location
    Blue Springs, MO.
    Posts
    125
    Have to love MO. Carry laws.
    NRA Life Member

    ΜΟΛΩΝ ΛΑΒΕ
    Ed Brown Kobra Carry stainless .45
    HK45C .45

  5. #5
    GM
    GM is offline
    VIP Member Array GM's Avatar
    Join Date
    Aug 2009
    Location
    USA
    Posts
    6,866
    I am very confused! . That is so weird
    "The Second Amendment: America's Original Homeland Security"

  6. #6
    Member Array raytracer's Avatar
    Join Date
    Oct 2006
    Location
    Kansas City
    Posts
    473
    Public transportation bit is really screwed up:
    Bus hijacking, definition, penalty--assault with intent to commit bus hijacking, penalty, with a deadly weapon, penalty--possession and concealment of deadly weapon by passenger, penalty, exception.

    578.305. 1. The offense of "bus hijacking" is defined as the seizure or exercise of control, by force or violence or threat of force or violence, of any bus within the jurisdiction of this state. Bus hijacking shall be a class B felony.

    2. The offense of "assault with the intent to commit bus hijacking" is defined as an intimidation, threat, assault or battery toward any driver, attendant or guard of a bus so as to interfere with the performance of duties by such person. Assault to commit bus hijacking shall be a class C felony.

    3. Any person, who, in the commission of such intimidation, threat, assault or battery with the intent to commit bus hijacking, employs a dangerous or deadly weapon or other means capable of inflicting serious bodily injury shall, upon conviction, be guilty of a class A felony.

    4. Any passenger who boards a bus with a dangerous or deadly weapon or other means capable of inflicting serious bodily injury concealed upon his person or effects is guilty of the felony of "possession and concealment of a dangerous or deadly weapon" upon a bus. Possession and concealment of a dangerous and deadly weapon by a passenger upon a bus shall be a class C felony. The provisions of this subsection shall not apply to duly elected or appointed law enforcement officers or commercial security personnel who are in possession of weapons used within the course and scope of their employment; nor shall the provisions of this subsection apply to persons who are in possession of weapons or other means of inflicting serious bodily injury with the consent of the owner of such bus, or his agent, or the lessee or bailee of such bus.
    Joe

  7. #7
    GM
    GM is offline
    VIP Member Array GM's Avatar
    Join Date
    Aug 2009
    Location
    USA
    Posts
    6,866
    Quote Originally Posted by raytracer View Post
    Public transportation bit is really screwed up:


    Joe
    To put it in that way is being way too nice!
    "The Second Amendment: America's Original Homeland Security"

  8. #8
    Member Array JarHead81mm's Avatar
    Join Date
    Mar 2010
    Location
    Missouri
    Posts
    84
    Too bad about the public transit laws. If I had to ride the bus in Kansas City I would really want to be armed!

  9. #9
    VIP Member
    Array OldVet's Avatar
    Join Date
    Nov 2009
    Location
    Hiding inside a bottle of Jim Beam Black in S. FL.
    Posts
    18,111
    I sort of got lost reading it, but it does seem contradictory. but then so do most laws.

    In FL you can't have a gun "in hand" when intoxicated except in self defense. Doesn't say possess. In your case, I would interpret the law to mean that you can retrieve a gun and use it in SD while intoxicated, but not carry it. Even drunks have a right to defend themselves, but I'd hate to argue that in court!
    Retired USAF E-8. Lighten up and enjoy life because:
    Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid... Buffalo Springfield - For What It's Worth

  10. #10
    Member Array raytracer's Avatar
    Join Date
    Oct 2006
    Location
    Kansas City
    Posts
    473
    To put it in that way is being way too nice!
    Yes, indeedy. If I described the situation accurately, I would undoubtedly get banned. They'd probably send a moderator over to wash my mouth out with soap for good measure.

    Regarding intoxication:

    It doesn't mean you can't drink while carrying or otherwise in control of a firearm - it means you can't be intoxicated. The problem is, there is no criteria for what "intoxicated" means. You can be sure that if you meet the standard for DUI - .08 BAC - you'll be in the red, but there is no established "safe" lower limit. Most folks, myself included, will recommend that you abstain completely when dealing with firearms.

    Some states - one I was just in, but can't remember which - have a statute that says that any BAC at all is illegal. As draconian of a standard as that may be, I think it's preferable to not having a concrete value.

    As for the exception; it simply means that should you have to defend yourself with a firearm while in an impaired state, you won't be charged with "Unlawful Use of Weapons". Presuming you can otherwise meet the standards for lawful self defense. Which is not a given if you get in a shoot-out while three sheets to the wind. "Defense of, Justification" is based around the "reasonable man" defense, and someone severely impaired by alcohol cannot be said to be "reasonable". If there is any ambiguity to the case at all, a prosecutor is going to have a field day with it.

    Joe

Remove Ads

Sponsored Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. Something weird
    By jbum in forum Forum News, Feedback, Problems & Comments
    Replies: 5
    Last Post: September 24th, 2010, 12:41 AM
  2. Am I weird?
    By cv7713 in forum Off Topic & Humor Discussion
    Replies: 29
    Last Post: March 9th, 2009, 12:38 AM
  3. this is weird
    By justherenow in forum Concealed Carry Issues & Discussions
    Replies: 18
    Last Post: February 2nd, 2009, 08:59 PM
  4. Things that fly and things that fire (oh, and cut and bind, too)
    By peacefuljeffrey in forum New Members Introduce Yourself
    Replies: 25
    Last Post: October 11th, 2006, 11:12 PM

Search tags for this page

missouri cc law
,
missouri cc laws
,

missouri concealed carry while intoxicated

,
missouri unlawful use of a weapon
,
unlawful use of a weapon (subsections 1 - 4) { felony d rsmo: 571.030 }
,

unlawful use of a weapon in missouri

,

unlawful use of a weapon missouri

,
unlawful use of a weapon missouri penalty
,
unlawful use of weapon missouri
,

weird missouri laws

,
weird things about missouri
,
weird things in missouri
Click on a term to search for related topics.