Traveling Through Missouri

[DWCook]

okay, thanks for the update! I was living in Anchorage, Alaska for a year during this time. So my knowledge was only based on during those times.

 

[Ezek]

I just remember before leaving for Alaska that Kansas City, Missouri allowed open carry. I have both Jackson County Sheriffs Department, KCPD and the AG office telling me you have to have your CCW permit to OC. Unless I misunderstood something here greatly then please correct me cause as usual it's difficult to get straight answers now a days.

I also remember speaking with a Jackson County Deputy at one point saying it's a law, but they weren't at that time going to enforce it due to the conflict of how it's worded.

Not entirely true, again, it depends on municipal code too, independence municipal code outlines illegal use of a firearm, and nowhere does it state the openly holstered display of a firearm is illegal. Kcmo may be different and the county might play by different rules too, but you have a ccw so none of it really applies to you anyway.

Although apparently jackson county doesn't exactly forbid it either under code 5534 and following subsections. You cannot OC on county owned or leased property without a permit.. But sidewalks aren't leased or owned by the county as I recall.. Not sure about the roads though.. May need to check into that.. And sidewalks too.

 

[Ezek]

here is the Jackson county law as cited on their website


5534.3 Weapons on Public Property.
No person shall carry any firearm, blackjack, martial arts instrument, knuckles, knife, projectile weapon, gas gun, switchblade or butterfly knife, stun gun or taser, or any other weapon readily capable of lethal use onto any property belonging to or leased by the county. This subsection shall not apply to any person who has a valid concealed carry endorsement issued pursuant to § 571.094, RSMo, or a valid permit or endorsement to carry concealed firearms issued by another state or political subdivision of another state, with regard to the carrying of the type of firearm specified in the endorsement or permit. (Ord. 2106, Eff. 6/16/92; Ord. 3423, Eff. 10-08-03; Ord. 3866, Eff. 01/23/07)

I don't think roads are included since to the middle of the road is included in personal property assessment, and sidewalks are private property required to be maintained by property owner.

so the Jackson County AG is wrong if his statement is it is banned EVERYWHERE in the county.

 

[pokitisme]

huh

yeah i tried to contact the ag for kansas and mo. on whether oc was legal in kcmo..and whether a exposed holster is considered oc..i was told by both to contact a constitutional lawyer....all i want to do is open carry my pistol in kcmo --i know its ok in lees summit.i also tried to get the definition of what is concealed---so if my shirt is over my pistol but the holster is showing---???im figuring if you cant identify the gun then its concealed such as how do they know its not a pink derringer with a 8 inch holster to the top of my knee.so if i got this right oc is leagal as long as you have a ccw/ccp...this would be for kcmo as thats my home nest.

 

[OC for ME]

here is the Jackson county law as cited on their website


5534.3 Weapons on Public Property.
No person shall carry any firearm, blackjack, martial arts instrument, knuckles, knife, projectile weapon, gas gun, switchblade or butterfly knife, stun gun or taser, or any other weapon readily capable of lethal use onto any property belonging to or leased by the county. This subsection shall not apply to any person who has a valid concealed carry endorsement issued pursuant to § 571.094, RSMo, or a valid permit or endorsement to carry concealed firearms issued by another state or political subdivision of another state, with regard to the carrying of the type of firearm specified in the endorsement or permit. (Ord. 2106, Eff. 6/16/92; Ord. 3423, Eff. 10-08-03; Ord. 3866, Eff. 01/23/07)

I don't think roads are included since to the middle of the road is included in personal property assessment, and sidewalks are private property required to be maintained by property owner.

so the Jackson County AG is wrong if his statement is it is banned EVERYWHERE in the county.

There is no RSMo 571.094.

http://www.moga.mo.gov/mostatutes/chaptersIndex/ChaptIndex571.html

 

[Ezek]

There is no RSMo 571.094.

http://www.moga.mo.gov/mostatutes/chaptersIndex/ChaptIndex571.html

well it was copied and pasted, so, their code might need updating, or they are leading to a non-existent law. not my problem I guess?

 

[kcgunfan]

Can you put the link you copied from here?

Sent from my Nexus 6 using Tapatalk

 

[Ezek]

I think I found the referenced law.

571.094. All citizens, merchants, not for profit entities, or public bodies have the right to deny access to persons who attempt to carry concealed firearms into buildings they own or lease. Signs prohibiting concealed firearms shall be posted and shall be clearly visible to all entrances. Any person who enters in violation of this section shall be guilty of the infraction of trespass. The third such violation within a five-year period shall constitute a class C misdemeanor, and the permittee shall have his permit revoked and shall not be eligible to reapply for a permit for a period of three years from such violation.

here is link to page that shows SOMETHING, but it appears to deal solely with CCW. http://www.moccw.org/ccwlawed.html

here is a link to the text in the bill, it outlines RSMO 571.094 http://www.house.mo.gov/content.aspx?info=/bills03/biltxt/perf/HB0349P.HTM

seems the website for RSMO needs updated.??

or it was suspended under SB 656. in which case Jackson Co needs to update. here is the link to Jackson co. law from their own website. http://www.jacksongov.org/content/3273/3289/default.aspx

it appears section 55 for petty offenses has changed as of last month.


upon further inspection the bill containing HB 349 which held 571.094 is no longer valid by the passing of SB 656. since HB 349 for concealed firearms was passed in 2003.

it seems to have been merged with RSMO 571.101

here is the new wording of previously quoted law.


5534.3 Weapons on Public Property.
No person shall carry any firearm, blackjack, martial arts instrument, knuckles, knife, projectile weapon, gas gun, switchblade or butterfly knife, stun gun or taser, or any other weapon readily capable of lethal use onto any property belonging to or leased by the county. This subsection shall not apply to any person who has a valid concealed carry permit issued pursuant to section 571.101, RSMo, or a valid permit or endorsement to carry concealed firearms issued by another state or political subdivision of another state, with regard to the carrying of the type of firearm specified in the endorsement or permit. Further, this subsection shall not apply to the open carrying of any weapon described in subsection 5534.g of this section on any unimproved real property within the county park system. (Ord. 2106, Eff. 6/16/92; Ord. 3423, Eff. 10-08-03; Ord. 3866, Eff. 01/23/07; Ord. 4737, Eff. 06/01/15

SO OCing of a taser is legal everywhere. OC is legal everywhere but the described portions.. seriously.. taser??

 

[pokitisme]

thanks all for the input--i just need something to show to some cop if needed--believe me ive worked with a few and some have tactics they use---enough said on that...just gotta get straight on the ordinances.

 

[pokitisme]

So I guess I'm missing something. Why would I need a permit to OC in Missouri? Permits have been referred to twice now. Did MO become a permitted OC state and they didn't tell anybody?

actually im interested where you got the map--was it on a oc website or a actual government site---it makes all the difference.

 

[taxman]

What government would compile such a map, except maybe the US DOJ?

Anyway, it comes from OCDO:
http://www.opencarry.org/wp-content/uploads/2012/09/OC_Summary.png

 

[OC for ME]

MO is a OC state. CC is via endorsement throughout the state. RSMo 21.750.3 permits political subdivisions to prohibit OC without a endorsement.

http://moga.mo.gov/mostatutes/stathtml/57100001071.html?&me=571

This statute lists where a CC endorsement does not permit (allow) entry. Strict scrutiny (plain reading) of the various laws clearly state that Missourians can OC wherever their is public access to public spaces/areas.

"...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."

It is unlikely that the good sheriff will tolerate such foolishness in his digs.

MO is a OC state...I do not have the FRNs to hold the state to the "letter of the law." But, working to get state agents read and follow the law are ongoing.