Missouri CCW Laws?


PDA






Olympus
November 11, 2008, 10:38 AM
I went through the CCW course and it was pretty much a Mickey Mouse day. There wasn't much teaching and a lot of BS talking. I wanted to clear up what I thought I understood from what little was taught. One thing that didn't really make sense was when the instructor talked about places where you are not legally allowed to conceal, like libraries, courthouses, police stations, etc. He said it was Missouri law that even if you WERE caught with a concealed weapon in these places that it would NOT be a criminal offense. He said they were required by law to ask you to either remove the weapon or leave the premises. Then if you refused then it would become a criminal offense.

So basically all of the places that say CCWs are prohibited only mean that they're prohibited if you get caught and you can still conceal in these places as long as you're not caught. And even if you're caught, if you leave or remove your weapon, then you can come back in and no hard-no foul kind of thing? Is this correct?

If you enjoyed reading about "Missouri CCW Laws?" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!
The Bushmaster
November 11, 2008, 10:54 AM
Olympus. Go to www.missouricarry.com

Or www.handgunlaw.us

Or www.carryconcealed.net/packngo/

Olympus
November 11, 2008, 11:01 AM
I've been to the Missouri Revised Statues page and all that "legalese" is a bit confusing to me. By the time I've read everything, I can't seem to make heads or tails from it.

Dave/hoff
November 11, 2008, 11:09 AM
Here is the answer to your question. I left off the first 19 Sections, but you can read the complete law here:

http://www.moga.mo.gov/STATUTES/C571.HTM
(I'd recommend reading ALL of it)

Many find the reading of law to be a daunting task-but just take your time and remember to keep track of where you are in the document so that when reference is made to "this section", or "this subsection" you won't be confused about context, etc.

It's unfortunate that the class you took didn't spend more time on this. My CCW class spent most of 4 hours (half the mandated time) on the law and a discussion of the legal ramifications of use of a firearm by a permit holder, moral and ethical discussions, scenario Q&A (what would you/should you do if...), and then following short technical discussions of sight picture, stance, etc.

RSMo 571 (Pay particular attention to subsection 21. here)

20. A concealed carry endorsement issued pursuant to this section 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 driver's license or nondriver's license containing a concealed carry endorsement issued pursuant to this section 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:

(1) Any police, sheriff, or highway patrol office or station without the consent of the chief law enforcement officer in charge of that office or station. Possession of a firearm in a vehicle on the premises of the office or station shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;

(2) Within twenty-five feet of any polling place on any election day. Possession of a firearm in a vehicle on the premises of the polling place shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;

(3) The facility of any adult or juvenile detention or correctional institution, prison or jail. Possession of a firearm in a vehicle on the premises of any adult, juvenile detention, or correctional institution, prison or jail shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;

(4) Any courthouse solely occupied by the circuit, appellate or supreme court, or any courtrooms, administrative offices, libraries or other rooms of any such court whether or not such court solely occupies the building in question. This subdivision shall also include, but not be limited to, any juvenile, family, drug, or other court offices, any room or office wherein any of the courts or offices listed in this subdivision are temporarily conducting any business within the jurisdiction of such courts or offices, and such other locations in such manner as may be specified by supreme court rule pursuant to subdivision (6) of this subsection. Nothing in this subdivision shall preclude those persons listed in subdivision (1) of subsection 2 of section 571.030 while within their jurisdiction and on duty, those persons listed in subdivisions (2) and (4) of subsection 2 of section 571.030, or such other persons who serve in a law enforcement capacity for a court as may be specified by supreme court rule pursuant to subdivision (6) of this subsection, from carrying a concealed firearm within any of the areas described in this subdivision. Possession of a firearm in a vehicle on the premises of any of the areas listed in this subdivision shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;

(5) Any meeting of the governing body of a unit of local government; or any meeting of the general assembly or a committee of the general assembly, except that nothing in this subdivision shall preclude a member of the body, holding a valid concealed carry endorsement from carrying a concealed firearm at a meeting of the body which he or she is a member. Possession of a firearm in a vehicle on the premises shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;

(6) The general assembly, supreme court, county or municipality may by rule, administrative regulation, or ordinance, prohibit or limit the carrying of concealed firearms by endorsement holders in that portion of a building owned, leased or controlled by that unit of government. Any portion of a building in which the carrying of concealed firearms is prohibited or limited shall be clearly identified by signs posted at the entrance to the restricted area. The statute, rule or ordinance shall exempt any building used for public housing by private persons, highways or rest areas, firing ranges, and private dwellings owned, leased, or controlled by that unit of government from any restriction on the carrying or possession of a firearm. The statute, rule or ordinance shall not specify any criminal penalty for its violation but may specify that persons violating the statute, rule or ordinance may be denied entrance to the building, ordered to leave the building and if employees of the unit of government, be subjected to disciplinary measures for violation of the provisions of the statute, rule or ordinance. The provisions of this subdivision shall not apply to any other unit of government;

(7) Any establishment licensed to dispense intoxicating liquor or nonintoxicating beer for consumption on the premises, which portion is primarily devoted to that purpose without the consent of the owner or manager. The provisions of this subdivision shall not apply to the licensee of said establishment. The provisions of this subdivision shall not apply to any bona fide restaurant open to the general public having dining facilities for not less than fifty persons and that receives at least fifty-one percent of its gross annual income from the dining facilities by the sale of food. This subdivision does not prohibit the possession of a firearm in a vehicle on the premises of the establishment and shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises. Nothing in this subdivision authorizes any individual who has been issued a concealed carry endorsement to possess any firearm while intoxicated;

(8) Any area of an airport to which access is controlled by the inspection of persons and property. Possession of a firearm in a vehicle on the premises of the airport shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;

(9) Any place where the carrying of a firearm is prohibited by federal law;

(10) Any higher education institution or elementary or secondary school facility without the consent of the governing body of the higher education institution or a school official or the district school board. Possession of a firearm in a vehicle on the premises of any higher education institution or elementary or secondary school facility shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;

(11) Any portion of a building used as a child care facility without the consent of the manager. Nothing in this subdivision shall prevent the operator of a child care facility in a family home from owning or possessing a firearm or a driver's license or nondriver's license containing a concealed carry endorsement;

(12) Any riverboat gambling operation accessible by the public without the consent of the owner or manager pursuant to rules promulgated by the gaming commission. Possession of a firearm in a vehicle on the premises of a riverboat gambling operation shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;

(13) Any gated area of an amusement park. Possession of a firearm in a vehicle on the premises of the amusement park shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;

(14) Any church or other place of religious worship without the consent of the minister or person or persons representing the religious organization that exercises control over the place of religious worship. Possession of a firearm in a vehicle on the premises shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;

(15) Any private property whose owner has posted the premises as being off-limits to concealed firearms by means of one or more signs displayed in a conspicuous place of a minimum size of eleven inches by fourteen inches with the writing thereon in letters of not less than one inch. The owner, business or commercial lessee, manager of a private business enterprise, or any other organization, entity, or person may prohibit persons holding a concealed carry endorsement from carrying concealed firearms on the premises and may prohibit employees, not authorized by the employer, holding a concealed carry endorsement from carrying concealed firearms on the property of the employer. If the building or the premises are open to the public, the employer of the business enterprise shall post signs on or about the premises if carrying a concealed firearm is prohibited. Possession of a firearm in a vehicle on the premises shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises. An employer may prohibit employees or other persons holding a concealed carry endorsement from carrying a concealed firearm in vehicles owned by the employer;

(16) Any sports arena or stadium with a seating capacity of five thousand or more. Possession of a firearm in a vehicle on the premises shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;

(17) Any hospital accessible by the public. Possession of a firearm in a vehicle on the premises of a hospital shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises.

21. Carrying of a concealed firearm in a location specified in subdivisions (1) to (17) of subsection 20 of this section by any individual who holds concealed carry endorsement issued pursuant to this section shall not be a criminal act but may subject the person to denial to the premises or removal from the premises. If such person refuses to leave the premises and a peace officer is summoned, such person may be issued a citation for an amount not to exceed one hundred dollars for the first offense. If a second citation for a similar violation occurs within a six-month period, such person shall be fined an amount not to exceed two hundred dollars and his or her endorsement to carry concealed firearms shall be suspended for a period of one year. If a third citation for a similar violation is issued within one year of the first citation such person shall be fined an amount not to exceed five hundred dollars and shall have his or her concealed carry endorsement revoked and such person shall not be eligible for a concealed carry endorsement for a period of three years. Upon conviction of charges arising from a citation issued pursuant to this subsection, the court shall notify the sheriff of the county which issued the certificate of qualification for a concealed carry endorsement and the department of revenue. The sheriff shall suspend or revoked the certificate of qualification for a concealed carry endorsement and the department of revenue shall issue a notice of such suspension or revocation of the concealed carry endorsement and take action to remove the concealed carry endorsement from the individual's driving record. The director of revenue shall notify the licensee that he or she must apply for a new license pursuant to chapter 302, RSMo, which does not contain such endorsement. A concealed carry endorsement suspension pursuant to this section shall be reinstated at the time of the renewal of his or her driver's license. The notice issued by the department of revenue shall be mailed to the last known address shown on the individual's driving record. The notice is deemed received three days after mailing.

Hope this helps to clarify.

Olympus
November 11, 2008, 11:14 AM
Section 21 was exactly what I was looking for. If I understand what I read then I guess I understood correctly from our class. It's prohibited to conceal a weapon in all of those places lists, BUT if you do concealed then it's NOT a criminal action but you can be asked to leave or be denied entry.

So that clears it up for me then. Thanks.

Dave/hoff
November 11, 2008, 11:15 AM
I always find it's better for me to print it out. Then I read each section very slowly, and highlight or underline as I go through it to emphasize the important stuff. I think it really is worth this approach.

For me, being aware of the awesome responsibility was the first step in the process.

Secondly being aware of the pitfalls of holding a permit was the second step.

Getting the permit should be the LAST step.

I'm not trying to condescend, so please don't take me wrong. I think we are all smart enough to read and understand the laws, sometimes we just have to be taught HOW to do it. Good luck.

Dave/hoff
November 11, 2008, 11:16 AM
Still...wouldn't recommend carrying into the local courthouse, etc.

The Bushmaster
November 11, 2008, 01:19 PM
Olympus...But have you been to www.missouricarry.com and asked your question?

green country shooter
November 11, 2008, 10:06 PM
So where in the Missouri law does it address places which are posted as off limits but are not listed as off limits? There is a May's drugstore at 32nd and Main in Joplin which has a sign, as well as the Steak and Shake just off Rangeline Road there.

bhk
November 11, 2008, 10:58 PM
Any place that properly posts is, by Missouri law, included as an off limit place. Those places specifically listed as off limits in the statute do not have to post. Yes, if caught, it is not a criminal offense until you refuse to leave when asked. But, realistically, what owner/supervisor of a posted place is really going to ask an armed man to leave. Not going to happen. He will call the police instead. The police may or may not ask you to leave voluntarily. They could (and likely will) let you do your explaining down at the station. Will you actually be prosecuted? - probably not. Why chance it - don't carry in prohibited or posted places. Sometimes I wonder how come we spend so much effort trying to get away with things we are not supposed to do.

HuntAndFish
November 12, 2008, 12:47 AM
I would add that a lot of people worked very hard to write the MO carry law so that a person wouldn't get in trouble for just a simple mental lapse or missing a properly posted sign.
If people start abusing that on a regular basis, the state legislators may decide to put teeth in it. Please don't abuse the law and give them that reason. It's a good CCW law as CCW laws go.

Have some respect for businesses that have a different view than yours, have posted their business, and respect their property rights.

Just don't do business with them if you can help it.

Dave/hoff
November 12, 2008, 08:24 AM
GC Shooter-

(15) Any private property whose owner has posted the premises as being off-limits to concealed firearms by means of one or more signs displayed in a conspicuous place of a minimum size of eleven inches by fourteen inches with the writing thereon in letters of not less than one inch. The owner, business or commercial lessee, manager of a private business enterprise, or any other organization, entity, or person may prohibit persons holding a concealed carry endorsement from carrying concealed firearms on the premises and may prohibit employees, not authorized by the employer, holding a concealed carry endorsement from carrying concealed firearms on the property of the employer. If the building or the premises are open to the public, the employer of the business enterprise shall post signs on or about the premises if carrying a concealed firearm is prohibited. Possession of a firearm in a vehicle on the premises shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises. An employer may prohibit employees or other persons holding a concealed carry endorsement from carrying a concealed firearm in vehicles owned by the employer;

Kleanbore
November 12, 2008, 03:51 PM
From Olympus: Section 21 was exactly what I was looking for. If I understand what I read then I guess I understood correctly from our class. It's prohibited to conceal a weapon in all of those places lists, BUT if you do concealed then it's NOT a criminal action but you can be asked to leave or be denied entry.

So that clears it up for me then. Thanks.

(Emphasis added)

Not so fast. Carry a gun into any location covered by Subdivision 9 of Section 20 and you have committed a Federal crime, and a serious one at that. Say goodbye to your gun rights and personal freedom.

And read past the second sentence in Section 21, for what happens upon second and third offenses.

And consider bhk's comment: But, realistically, what owner/supervisor of a posted place is really going to ask an armed man to leave. Not going to happen. He will call the police instead.

Do you really want that to happen?

HuntAndFish relates what I was told by one of the framers:

I would add that a lot of people worked very hard to write the MO carry law so that a person wouldn't get in trouble for just a simple mental lapse or missing a properly posted sign.

Kleanbore
November 12, 2008, 04:25 PM
From Olympus: I went through the CCW course and it was pretty much a Mickey Mouse day. There wasn't much teaching and a lot of BS talking. I wanted to clear up what I thought I understood from what little was taught.

That bothers me. As I understand it, the curriculum of the eight hour course is about the same though out the state. My class covered tactics and a lot on the law. I thought it was pretty good. Maybe we have different standards.

But maybe you were shortchanged, or (don't take this as critical) not paying close attention on some things.

Just curious, but were you taught:


The conditions that must all exist before you are can reasonably conclude that you are in imminent danger?
That (except in a castle doctrine stuation) your first obligation is to retreat if possible?
When you may produce your gun without risking charges of brandishing or assault, and whn you may not?
That you may not fire if the threat of death or severe injury has passed?
That you may not use deadly force to protect property?
That you may not "hold" an assailant at gun point?
That if you do shoot someone, it will be up to you to produce evidence that the shooting was justified?
What to do and what not to say after the shooting?


If you were, maybe there was more "teaching" and less BS talking than you have related. If you were not it is extremely important that you start learning these things before carrying a gun.

There's too much at stake for you to not be aware of your rights and obligations, and of what may happen if you exceed the former and/or do not fulfill the latter.

This is not intended to be critical, but your post is worrisome. There's a lot more to know than which Burger King doesn't want you carrying.

If your course did not meet expectations please bring that to the attention of someone. Either way, your posting is worrisome in that it provides ammunition to the opponents of concealed carry in Missouri. I trust that was not your intent.

green country shooter
November 12, 2008, 10:13 PM
Thanks. Personally I never carry into a posted place anywhere, Oklahoma, Texas, Missouri, even an improperly posted place. If they don't want it there, that's ok by me.

If you enjoyed reading about "Missouri CCW Laws?" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!