Where can I NOT open carry in Missouri?

[peterarthur]

imported post

Superlite27 wrote:

peterarthur wrote:

Misplaced Texan wrote:

Ordinance No. 4090

Chapter 10

Article VI
Sec. 10-182. Unlawful possession or use of weapons.
Subdivision (6)


(a)A person commits the offense of unlawful possession or use of weapons if he knowingly:

(1)Carries, concealed upon or about his person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use; or

(2)Possesses or discharges a firearm or projectile weapon while intoxicated; or

(3)Discharges a firearm; or

(4)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

(5)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.

(6)Openly carries a firearm readily capable of lethal use

So could you open carry unloaded like they do in California with ammo in a holder? It is NOT readily capable of lethal use if unloaded...

This ordinance is for Mexico Missouri. Many other municipalities have almost the exact same ordinance, but list (6) in the "exemptions" section for CCW holders.

Here is the exemption section for Mexico:

(d)Subdivisions (1), (4) and (5) of subsection (a) shall not apply to any person who has a valid concealed carry endorsement issued pursuant to [RSMo] 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.

Hmmmmm. Nope. Subdivision (6) is NOT exempted as it is in many other municipalities. Therefore, OC would be legal in these other places because it is specifically exempted from these ordinances.

Unfortunately, in Mexico Missouri, it seems to be outlawed and NOT exempted by CCW. Therefore, OC is illegal in Mexico Missouri.

ETA: I just noticed what you meant by "not readily available". I'm guessing this would be determined in a court. Good luck with that. I'm not going to be the one to test it.

Or you might ask local law enforcement what they think it means or maybe even ask a judge...

 

[panzerfahre]

peterarthur wrote:
This ordinance is for Mexico Missouri. Many other municipalities have almost the exact same ordinance, but list (6) in the "exemptions" section for CCW holders.
Here is the exemption section for Mexico:
Hmmmmm. Nope. Subdivision (6) is NOT exempted as it is in many other municipalities. Therefore, OC would be legal in these other places because it is specifically exempted from these ordinances.
Unfortunately, in Mexico Missouri, it seems to be outlawed and NOT exempted by CCW. Therefore, OC is illegal in Mexico Missouri.
ETA: I just noticed what you meant by "not readily available". I'm guessing this would be determined in a court. Good luck with that. I'm not going to be the one to test it.

I was reading this thread and it occurred to me that Mexico, Mo., doesn't appear to meet the requirements.
http://www.moga.mo.gov/statutes/c000-099/0210000750.htm Paragraph 3:
3. Nothing contained in this section shall prohibit any ordinance of any political subdivision which conforms exactly with any of the provisions of sections 571.010 to 571.070, with appropriate penalty provisions, or which regulates the open carrying of firearms readily capable of lethal use or the discharge of firearms within a jurisdiction, provided such ordinance complies with the provisions of section 252.243. emphasis mine.

So if we go to 252.243: http://www.moga.mo.gov/statutes/C200-299/2520000243.HTM
4. Notwithstanding the provisions of subsection 1 of this section to the contrary, hunting heritage protection areas shall not include:
(1) Any area with a population of not less than fifty thousand persons that has been defined and designated in the 2000 United States Census as an "urbanized area" by the United States Secretary of Commerce;
(2) Any land ever owned by an entity regulated by the Federal Energy Regulatory Commission or any land ever used or operated by an entity regulated by the Federal Energy Regulatory Commission;
(3) Any land used for the operation of a physical port of commerce to include customs ports, but shall not include other land managed or governed by a port authority if such other land extends beyond the actual physical port;
(4) Any land contained within the boundary of any home rule city with more than four hundred thousand inhabitants and located in more than one county, or any land contained within a city not within a county; or
(5) Any land located within one-half mile of any interstate highway, as such highways exist as of August 28, 2007.

My read of this is that a municipality of fewer than 50,000 persons cannot ban OC. Since Mexico only has 11,000 residents, Mexico's ordinance is not legal. That is not legal advice, just my personal opinion and I am not willing to strap on and go test it.

P

 

[Richieg150]

i spoke with a leo the other day,he said if you have a ccw you can carry any way you wish.i know not to take the advice of a leo,i ask them every chance i get to see if i get a different answer and so far from city police to the county sheriff i always get the same answer.

Just because a few, or group of LEO's give you any answer, doesnt mean it is correct. If LEO's knew the guns laws, CORRECTLY, there wouldnt and shouldnt ever be an issue of RAS or being detained or questioned for Open Carrying. We have a whole thread dedicated on " Where did you carry today and how did it go", if theses same LEO's really knew the guns laws where they serve, we wouldnt need this thread for support and encouragement. Its always better , when in doubt, find out for yourself.......you will be the one paying for bad advise... not them.

 

[Sono]

From my understanding of this, you can open carry anywhere in Missouri if you have a CCW permit.

http://www.inquisitr.com/1602089/open-carry-ban-overturned-in-missouri/

 

[Grapeshot]

From my understanding of this, you can open carry anywhere in Missouri if you have a CCW permit.

http://www.inquisitr.com/1602089/open-carry-ban-overturned-in-missouri/

Somewhat necro posted, but accurate.

Welcome aboard OCDO.

 

[kcgunfan]

Not entirely accurate either, the usual places that federal law prohibits firearms are still in effect. And, if you asked to leave, then do it. That's where trouble begins.

Sent from my Nexus 6 using Tapatalk

 

[Sono]

Not entirely accurate either, the usual places that federal law prohibits firearms are still in effect. And, if you asked to leave, then do it. That's where trouble begins.

Sent from my Nexus 6 using Tapatalk

Common sense, you dont carry to a Federal Building of any sort, They will always be " Firearm Free" except for LEO.
schools and other places that are posted,

 

[OC for ME]

Permit does not authorize concealed firearms, where--penalty for violation.

571.107. 1. A concealed carry permit issued pursuant to sections 571.101 to 571.121, a valid concealed carry endorsement issued prior to August 28, 2013, 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 concealed carry permit issued pursuant to sections 571.101 to 571.121, valid concealed carry endorsement issued prior to August 28, 2013, 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:

http://moga.mo.gov/mostatutes/stathtml/57100001071.html?&me=571.107

Semantics in the eyes of the law.