Gun laws in Missouri
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Gun laws in Missouri regulate the sale, possession, and use of firearms and ammunition in the state of Missouri in the United States.[1][2]
Summary table
Subject/Law | Long Guns | Handguns | Relevant Statutes | Notes |
---|---|---|---|---|
State permit required to purchase? | No | No | ||
Firearm registration? | No | No | ||
Owner license required? | No | No | ||
Carry permits required ? | No | No | Missouri is a "shall issue" state for concealed carry. Permitless carry took effect on January 1, 2017.[3] | |
Open carry permitted? | Yes | Yes | Open carry is permitted. As of October 11, 2014, a valid CCW overrides local laws against Open Carry, state wide. | |
State preemption of local restrictions? | Yes | Yes | Local governments are allowed to regulate open carry and the discharge of firearms (except in self defense); however, ccw permit holders are exempt from ordinances banning open carry.[4] | |
Assault weapon law? | No | No | ||
Magazine Capacity Restriction? | No | No | ||
NFA weapons restricted? | No | No | ||
Peaceable journey law? | Yes | Yes | ||
Background checks required for private sales? | No | No |
Concealed carry
Missouri Statute 571.070 (8/28/2007) says that it is unlawful for a felon or adjudged incompetent Person to have possession of any firearm (including concealable firearms). Violation of this law is a class D felony.[5] This law was the subject of a challenge, in which a nonviolent felon successfully argued that the law is unconstitutional as applied to him. The law failed muster against the required strict scrutiny test.[6][7] However, the law was found to be constitutional by the Supreme Court of Missouri.[8]
Missouri law exempts the possession of antique firearms, as defined in 18 U.S.C. Section 921, from the provision that specifies a person commits the crime of unlawful possession of a firearm if he or she is a convicted felon possessing a firearm.[5]
Missouri Statute 571.121 (8/28/2007) says that: (a) You have to carry your permit with you when you carry the concealed weapon, and if you don't have it with you, it is not a crime, but you can be fined up to $35; and that (b) County sheriffs issue a state CCW I.D. that reflects that you can carry concealed.[9]
In September 2014, Missouri lawmakers passed SB 656 allowing specially trained school employees to carry concealed guns on campuses. It also allows anyone with a concealed weapons permit to carry guns openly in cities or towns with bans against the open carrying of firearms. The age to obtain a concealed weapons permit was also dropped from 21 to 19 [See 2014 Senate Bill 656]. Missouri became the 10th state to pass legislation allowing armed school employees since the mass shooting at Sandy Hook Elementary School in Newtown, Connecticut, in 2012.[10] The bill was initially vetoed by Gov. Nixon, but the Missouri legislature overrode the veto during the September veto session.[11]
In September 2016, another Senate bill coincidentally numbered SB 656 was passed allowing permitless concealed carry by anyone 19[12][13] years of age or older who may lawfully own a gun. This bill was also vetoed by Governor Nixon, on June 27, 2016. After the Missouri legislature reconvened for the veto-override session on September 14, 2016, the Senate voted to override the veto with a 24 – 6 vote (23 required) and the House followed through shortly thereafter with a 112 – 41 vote (109 required). The permitless carry provision of the bill went into effect on January 1, 2017.[3]
Open carry
Missouri allows any person who has a valid concealed carry endorsement or permit and is lawfully carrying a firearm in a concealed manner to briefly and openly display the firearm, so long as the firearm is not displayed in an angry or threatening manner.[14] Some localities prohibit open carry; however, concealed carry license holders are exempted from this restriction.[15]
Concealed Carry Permit Requirement Exceptions
As of January 1, 2017, a permit is not required to carry concealed.[3]
References
- ↑ "State Gun Laws: Missouri", National Rifle Association – Institute for Legislative Action. Retrieved December 30, 2012.
- ↑ "Missouri State Law Summary", Law Center to Prevent Gun Violence. Retrieved December 30, 2012.
- 1 2 3 NRA-ILA. "NRA-ILA | Missourians Celebrate a Win for Self-Defense Rights on Wednesday". Retrieved 2016-09-15.
- ↑ http://moga.mo.gov/mostatutes/stathtml/02100007501.html, Missouri Revised Statutes, 21.750 Firearms legislation preemption by general assembly, exceptions--limitation on civil recovery against firearms or ammunitions manufacturers, when, exception.
- 1 2 http://www.moga.mo.gov/mostatutes/stathtml/57100000701.html, Missouri Revised Statutes, 571.070 Possession of firearm unlawful for certain persons--penalty--exception.
- ↑ http://www.stltoday.com/news/local/crime-and-courts/st-louis-judge-tosses-out-gun-case-citing-newly-enacted/article_59c7444f-1f6a-5ac7-aa5c-ec8bf4af09a0.html
- ↑ https://www.documentcloud.org/documents/1678155-robinsonmotion.html
- ↑ Mann, Jennifer S. "Missouri Supreme Court says Amendment 5 did not extend gun rights to non-violent felons". stltoday.com. Retrieved 2016-03-15.
- ↑ http://www.moga.mo.gov/mostatutes/stathtml/57100001211.html, Missouri Revised Statutes, 571.121 Duty to carry and display endorsement, penalty for violation--director of revenue immunity from liability, when.
- ↑ Ballentine, Summer. "Missouri lawmakers expand gun rights in schools". Washington Times. Retrieved 12 September 2014.
- ↑ Bergquist, Garrett. "State Senate overrides gun bill veto". Retrieved 19 September 2014.
- ↑ https://www.nraila.org/gun-laws/state-gun-laws/missouri/
- ↑ http://handgunlaw.us/states/missouri.pdf
- ↑ "Section 571.037 RSMo". Missouri Revised Statutes. August 28, 2014. Retrieved 9 June 2015.
- ↑ "Section 21.750 RSMo". Missouri Revised Statutes. August 28, 2014. Retrieved 9 June 2015.
External links
- Chapter 571 - Weapons Offenses of Missouri Revised Statutes