FIND GUN LAWS BY STATE

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ABOUT THE AUTHOR Bryan L. Ciyou is a trial and appellate attorney at the Indianapolis law firm of Ciyou & Dixon, P.C. He earned his BA with distinction and graduated through the honors program, along with his JD,... Read More

Missouri Gun Laws

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Introduction

Missouri is bordered by eight states including: Arkansas, Iowa, Illinois, Kansas, Kentucky, Nebraska, Oklahoma, and Tennessee. It is located in the Midwest and has the 18th largest population of the United States. Open carry is legal in Missouri with a valid license to carry.

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A. State Constitution

Regarding the right to bear arms, the Missouri Constitution states:

“That the right of every citizen to keep and bear arms in defense of his home, person and property, or when lawfully summoned in aid of the civil power, shall not be questioned; but this shall not justify the wearing of concealed weapons.”

[http://gunla.ws/mo1]

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B. Scope of Preemption

The controlling language of the Missouri preemption statute is set forth as follows:

“The general assembly hereby occupies and preempts the entire field of legislation touching in any way firearms, components, ammunition and supplies to the complete exclusion of any order, ordinance or regulation by any political subdivision of this state.  Any existing or future orders, ordinances or regulations in this field are hereby and shall be null and void.”

[http://gunla.ws/mo2]

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C. Reciprocal Carry

At present, Missouri’s concealed carry law recognizes all out-of-state licenses. Mo. Rev. Stat. §§ 571.010 to 571.510.  Nevertheless, not all states recognize Missouri’s license. You can apply for a Missouri carry license at age 19. [http://gunla.ws/mo3]

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D. Constitutional Carry

Missouri law does not plainly state that you do not need a permit to carry. The definition of “Unlawful use of a weapon” was changed to only apply when a person carries a weapon into a place that is off limits according to Missouri law. Anyone who is at least 19 years old may legally possess a firearm without a permit, openly or concealed. This is not limited to Missouri residents. Anyone who can legally possess a firearm may carry it openly or concealed, except where firearms are restricted under section 571.107. [http://gunla.ws/0vyk]

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E. NFA Items

Missouri permits ownership of all NFA items except for destructive devices, provided they are legally obtained pursuant to federal law. Hunting with suppressors is legal.

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F. Carrying Firearms in Vehicles

Missouri permits anyone who is legally allowed to possess a firearm to carry it without a permit as long as it is not readily accessible, or unloaded (provided the ammunition is not readily accessible). [http://gunla.ws/mo4]

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G. Self-defense Laws

Missouri has a Castle Doctrine but no SYG law. There is no duty to retreat when in Your home or motor vehicle. You may use force, including deadly force, in defense of yourself or others if You reasonably believe it is necessary to prevent imminent death, SBI, the commission of a forcible felony, or to stop the unlawful & forcible entry into Your dwelling, place of business, or occupied motor vehicle. [http://gunla.ws/hcpu]

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H. Criminal Provisions

In accordance with Mo. Rev. Stat. § 571.107, a person may not carry a concealed weapon (including firearm) in any of the following places, some of which may involve consent:

  • Any police, sheriff or Highway Patrol office or station, without consent
  • Within 25 feet of any polling place or station on Election Day
  • Any adult or juvenile jail or institution
  • Any courthouse or facilities related to courts
  • Any meeting of a government body
  • Any bar, tavern, or the like, without consent
  • Airports except as allowed by law, such as commercial transportation in checked baggage
  • Schools
  • Child care facilities, without consent
  • Riverboat gambling facility
  • Any gated area of an amusement park
  • Public Buses
  • Any church or place of worship, without consent
  • Any sports arena or stadium (with seating for more than 5,000)
  • Any hospital accessible by the public
  • Private or public property where posted. Note that cities and localities do not have the authority to ban open carry.
  • Specially trained school employees and teacher with carry permits can carry on their school’s campus

However, possession of a firearm in a vehicle on the premises of any of these locations is permitted so long as the firearm is not removed from the vehicle or brandished while in the vehicle on the premises. As a general rule, carrying a concealed firearm in these locations is not a criminal act. However, You may be denied access to these places or removed for doing so. If a police officer is summoned, there is increasingly more sanction for violation.

It is unlawful for any person to discharge a firearm while intoxicated, except in self-defense. [http://gunla.ws/mocwl]

For a list of places where carrying firearms is prohibited, see:

[http://gunla.ws/mo6]

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I. Duty to Inform Officer

No. Any person issued a CCP or a concealed carry endorsement issued prior to August 28, 2013, must carry the CCP or endorsement at all times the person is carrying a concealed firearm and must display the CCP and a state or federal government-issued photo identification or the endorsement or permit upon request of any LEO. [http://gunla.ws/h13m]

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J. Do “No Gun Signs” Have the Force of Law?

Yes/No, but such signs have no penalty unless You refuse to leave or repeat the offense in a set time period. Carrying into an establishment that is not prohibited in the “Criminal Provisions” but has a “no gun” sign is not a criminal act, but may subject the individual to denial to the premises or removal from the premises. If such person refuses to leave the premises and a LEO is summoned, such person may be issued a citation for up to $100 for the first offense. If a second citation is issued for a similar violation occurring within a six-month period, such person shall be fined up to $200 or his or her CCP shall be suspended for one year. If a third citation is issued within one year of the first citation, such person shall be fined up to $500 and have their CCP revoked and will not be eligible for a CCP for three years. [http://gunla.ws/qxas]

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K. Carry in Restaurants That Serve Alcohol

Yes, subject to the “No Gun Signs” provision above. Missouri has no laws prohibiting the carrying of firearms in restaurants that serve alcohol. You can carry in a restaurant that serves alcohol. Places like Fridays or Chili’s unless they have a “No Gun Sign.” This does not include a bar or the bar area of a restaurant – You are prohibited from carrying into these areas. You can carry your firearm into a restaurant that serves alcohol, but you are prohibited from consuming alcohol while carrying a firearm. [http://gunla.ws/t1ja]

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L. Open Carry

Open Carry is legal with a valid permit/license. Places as listed in the “Criminal Provisions” above would apply to those who open carry. Remember that if you enter any property and the owner/responsible person asks you to leave, you must leave. Failure to leave can result in trespass charges. As of October 11, 2014, a valid CCW overrides local laws against open carry, state wide. [http://gunla.ws/z2zh] & [http://gunla.ws/dphq]

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FIND GUN LAWS BY STATE

Table of Contents

About the author
ABOUT THE AUTHOR Bryan L. Ciyou is a trial and appellate attorney at the Indianapolis law firm of Ciyou & Dixon, P.C. He earned his BA with distinction and graduated through the honors program, along with his JD,... Read More