Sb-656

[jad316]

When you thank our senator's and house say a special prayer for this guy! "Marc Perez" worked his ass off for this bill and unfornately he's no longer with us but I'm quite sure he's dancing a jingle in heaven!

 

[LMTD]

EXCELLENT!!! Thank you. I'm thrilled for you guys!

Now, how about the interaction between this bill (which I understand takes effect 30 days from now) and Amendment 5? Is open carry a right, or can it only be done by those with a concealed carry license?

Thanks again.

Opinions vary a lot across the board on this particular topic. Some subscribe to amendment 5 already made OC perfectly legal for everyone, others are not so sure.

It is my own personal opinion that it did, however and it is a big however, this does not mean the muni laws are null and void which is important. Those laws MAY be ruled null and void in court, I suspect they would and see no path with strict scrutiny in place to see any other result. That however means someone has to catch a case and fight it and since it has not been decided and previous decisions upheld the muni rights, there would not likely be an civil recourse for the person fighting it even if they prevail.

Best advice to anyone thinking about OC'ing without a permit in an area known to restrict it in the past, talk to your lawyer FIRST and follow their advice to the absolute letter. Weapons offences in this state are very serious and you could lose your ability to obtain a CCW etc. if you were not to prevail.

 

[chiggerbyt]

Aha my mistake. I see where the "emergency clause" was inserted in the House amended version but not carried over to this final version. Thanks for pointing out the need to wait.

 

[OC for ME]

Opinions vary a lot across the board on this particular topic. Some subscribe to amendment 5 already made OC perfectly legal for everyone, others are not so sure.

It is my own personal opinion that it did, however and it is a big however, this does not mean the muni laws are null and void which is important. Those laws MAY be ruled null and void in court, I suspect they would and see no path with strict scrutiny in place to see any other result. That however means someone has to catch a case and fight it and since it has not been decided and previous decisions upheld the muni rights, there would not likely be an civil recourse for the person fighting it even if they prevail.

Best advice to anyone thinking about OC'ing without a permit in an area known to restrict it in the past, talk to your lawyer FIRST and follow their advice to the absolute letter. Weapons offences in this state are very serious and you could lose your ability to obtain a CCW etc. if you were not to prevail.

I've been searching MO case law and have yet to find such cases upholding 21.750.3. Could be my inadequate search skills.

 

[LMTD]

I've been searching MO case law and have yet to find such cases upholding 21.750.3. Could be my inadequate search skills.

Cape vs joyce

http://www.leagle.com/decision/1994917884SW2d33_1910.xml/CITY OF CAPE GIRARDEAU v. JOYCE

 

[OC for ME]

Joyces' lawyer was a nitwit.

The burden of injecting the issue of justification in defense of person, premises or property is upon the defendant. Sections 563.031, 563.036 and 563.041 RSMo.1986. Mr. Joyce made no effort to meet this burden.

What?

Ya gotta use a gun, carried illegally, to defend yourself to justify carrying a gun illegally in the first place?

Again, Joyces' lawyer was a nitwit.

A complete prohibition, absent a CCW endorsement now, is "questioning" when out and about in a public place. Citing a church and school to rationalize a dude OCing a pistol while on his motorcycle?

OC but leave your ammo at home?

Alabama? Pennsylvania? California?

Today, 21.750.3 would be tossed in a NY minute given the contortions that court went to to justify their bassakwards opinion.

Thanks for the linky.

 

[deepdiver]

What?

Hence my earlier comment about looking forward to OC in Cape in Oct.

I happen to know all three attorneys involved. And the city gov of Cape is more anti OC and arrogant than back then. I am so looking forward to this on oh so many levels. It will be the first time that my personal convenience and preference while just following the law will. incidentally be an "in your face" moment as well.
I

 

[rnfuller]

Hence my earlier comment about looking forward to OC in Cape in Oct.

I happen to know all three attorneys involved. And the city gov of Cape is more anti OC and arrogant than back then. I am so looking forward to this on oh so many levels. It will be the first time that my personal convenience and preference while just following the law will. incidentally be an "in your face" moment as well.
I

There is a gun show that weekend, maybe a bunch of us should go to the gunshow and then go to the mall and see if we get arrested like the folks from Doniphan at the last gunshow.