Defensive Carry banner

1 - 6 of 6 Posts

·
Registered
Joined
·
64 Posts
Discussion Starter #1
Sorry if this is a repeat question. I am looking for a 100% answer on if it is legal to carry an auto knife in MO? I have done research for a couple days and I find Yes on one site and No on another. I am trying to choose between buying a BM Barriage or MicroTech. So it really comes down to if it's going to be legal for me to carry. I have my permit thru Maine if that makes any difference. Thanks in advance.

Mark
 

·
Premium Member
Joined
·
10,046 Posts
From Missouri State Statutes

Definitions
571.010. As used in this chapter:

(1) "Antique, curio or relic firearm" means any firearm so defined by the National Gun Control Act, 18 U.S.C. Title 26, Section 5845, and the United States Treasury/Bureau of Alcohol Tobacco and Firearms, 27 CFR Section 178.11:

(a) Antique firearm is any firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, said ammunition not being manufactured any longer; this includes any matchlock, wheel lock, flintlock, percussion cap or similar type ignition system, or replica thereof;

(b) Curio or relic firearm is any firearm deriving value as a collectible weapon due to its unique design, ignition system, operation or at least fifty years old, associated with a historical event, renown personage or major war;

(2) "Blackjack" means any instrument that is designed or adapted for the purpose of stunning or inflicting physical injury by striking a person, and which is readily capable of lethal use;

(3) "Concealable firearm" means any firearm with a barrel less than sixteen inches in length, measured from the face of the bolt or standing breech;

(4) "Deface" means to alter or destroy the manufacturer's or importer's serial number or any other distinguishing number or identification mark;

(5) "Explosive weapon" means any explosive, incendiary, or poison gas bomb or similar device designed or adapted for the purpose of inflicting death, serious physical injury, or substantial property damage; or any device designed or adapted for delivering or shooting such a weapon;

(6) "Firearm" means any weapon that is designed or adapted to expel a projectile by the action of an explosive;

(7) "Firearm silencer" means any instrument, attachment, or appliance that is designed or adapted to muffle the noise made by the firing of any firearm;

(8) "Gas gun" means any gas ejection device, weapon, cartridge, container or contrivance other than a gas bomb, that is designed or adapted for the purpose of ejecting any poison gas that will cause death or serious physical injury, but not any device that ejects a repellant or temporary incapacitating substance;

(9) "Intoxicated" means substantially impaired mental or physical capacity resulting from introduction of any substance into the body;

(10) "Knife" means any dagger, dirk, stiletto, or bladed hand instrument that is readily capable of inflicting serious physical injury or death by cutting or stabbing a person. For purposes of this chapter, "knife" does not include any ordinary pocketknife with no blade more than four inches in length;

(11) "Knuckles" means any instrument that consists of finger rings or guards made of a hard substance that is designed or adapted for the purpose of inflicting serious physical injury or death by striking a person with a fist enclosed in the knuckles;

(12) "Machine gun" means any firearm that is capable of firing more than one shot automatically, without manual reloading, by a single function of the trigger;

(13) "Projectile weapon" means any bow, crossbow, pellet gun, slingshot or other weapon that is not a firearm, which is capable of expelling a projectile that could inflict serious physical injury or death by striking or piercing a person;

(14) "Rifle" means any firearm designed or adapted to be fired from the shoulder and to use the energy of the explosive in a fixed metallic cartridge to fire a projectile through a rifled bore by a single function of the trigger;

(15) "Short barrel" means a barrel length of less than sixteen inches for a rifle and eighteen inches for a shotgun, both measured from the face of the bolt or standing breech, or an overall rifle or shotgun length of less than twenty-six inches;

(16) "Shotgun" means any firearm designed or adapted to be fired from the shoulder and to use the energy of the explosive in a fixed shotgun shell to fire a number of shot or a single projectile through a smooth bore barrel by a single function of the trigger;

(17) "Spring gun" means any fused, timed or nonmanually controlled trap or device designed or adapted to set off an explosion for the purpose of inflicting serious physical injury or death;

(18) "Switchblade knife" means any knife which has a blade that folds or closes into the handle or sheath, and

(a) That opens automatically by pressure applied to a button or other device located on the handle; or

(b) That opens or releases from the handle or sheath by the force of gravity or by the application of centrifugal force.


-----------------------------------------------------------------------------------

571.020. 1. A person commits a crime if such person knowingly possesses, manufactures, transports, repairs, or sells:

(1) An explosive weapon;

(2) An explosive, incendiary or poison substance or material with the purpose to possess, manufacture or sell an explosive weapon;

(3) A machine gun;

(4) A gas gun;

(5) A short barreled rifle or shotgun;

(6) A firearm silencer;

(7) A switchblade knife;

(8) A bullet or projectile which explodes or detonates upon impact because of an independent explosive charge after having been shot from a firearm; or

(9) Knuckles.

2. A person does not commit a crime pursuant to this section if his conduct:

(1) Was incident to the performance of official duty by the armed forces, national guard, a governmental law enforcement agency, or a penal institution; or

(2) Was incident to engaging in a lawful commercial or business transaction with an organization enumerated in subdivision (1) of this section; or

(3) Was incident to using an explosive weapon in a manner reasonably related to a lawful industrial or commercial enterprise; or

(4) Was incident to displaying the weapon in a public museum or exhibition; or

(5) Was incident to dealing with the weapon solely as a curio, ornament, or keepsake, or to using it in a manner reasonably related to a lawful dramatic performance; but if the weapon is a type described in subdivision (1), (4) or (6) of subsection 1 of this section it must be in such a nonfunctioning condition that it cannot readily be made operable. No short barreled rifle, short barreled shotgun, or machine gun may be possessed, manufactured, transported, repaired or sold as a curio, ornament, or keepsake, unless such person is an importer, manufacturer, dealer, or collector licensed by the Secretary of the Treasury pursuant to the Gun Control Act of 1968, U.S.C., Title 18, or unless such firearm is an "antique firearm" as defined in subsection 3 of section 571.080, or unless such firearm has been designated a "collectors item" by the Secretary of the Treasury pursuant to the U.S.C., Title 26, Section 5845(a).

3. A crime pursuant to subdivision (1), (2), (3), (4), (5) or (6) of subsection 1 of this section is a class C felony; a crime pursuant to subdivision (7), (8) or (9) of subsection 1 of this section is a class A misdemeanor.
--------------------------------------------------------------------------------

I haven't located the exact exemption, however I read it just in the last couple weeks that Automatic knives are not illegal if carried by Law Enforcement Officers or members of the Military as long as it is being used in the performance of the job or duty. I have yet to find out of Fire/Rescue/EMS people are also exempt in Missouri or not. A lot of states include Fire/Rescue/EMS as being authorized to have Automatic Knives, but as yet I am not 100% sure of Missouri.

Also, what I read about LEO's and Military using automatic knives... It specifically stated In Performance of Their Duties. Which leads one to believe that even for LEO's and Military, it is not legal for them to possess in an "Off Duty" capacity.

Also, by reading State Statutes, it kind of puts "Assisted Opening" knives into kind of a gray area, at least to my interpretation. I have yet to get any kind of a legal ruling on this, so be careful.

BTW... Your Missouri CCW permit does not cover knives or other weapons like it does in some States.

I hope this helps.
 

·
Premium Member
Joined
·
5,088 Posts
I just got an "official email" from the AG office that a CCW in MO only applies to firearms. However, I firmly believe he/they are wrong on this if you read the statutes. You may be able to carry an autoknife openly according to the state, but there may be local ordinances against it like firearms. The Barrage isn't an autoknife/switchblade - different definition even by the maker and the blade is smaller than 4", so I think you're safe there. MO ReSt says "For purposes of this chapter, "knife" does not include any ordinary pocketknife with no blade more than four inches in length;" The Microtech (ones I found) knives would fall under the "switchblade" category.

Bark'n: The exemption for LEO and military is in your post 571.020 2(1).
What is the gray area for assisted opening? The statute specifically says a button on the handle for a switchblade. The assisted opening consists of a thumbstud on the blade and an internal mechanism.
 

·
Registered
Joined
·
1 Posts
Switchblade Question

Hello I am new here and I was wondering something. I went to a place that sells military items (uniforms, knives etc.) and I bought a switchblade from there. I was wondering if it is legal in MO to even HAVE a switchblade let alone sell them?
 

·
Administrator
Joined
·
143,962 Posts
Hogan728

What does the word "knowingly" & the the word "possesses" mean to you?

Are you aware of the fact that you purchased a switchblade and do you presently possess it?

Then you have committed a crime.


571.020. 1. A person commits a crime if such person knowingly possesses, manufactures, transports, repairs, or sells:

(7) A switchblade knife;
 
1 - 6 of 6 Posts
Top