Gun laws in Missouri
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 | ||
Permit required for concealed carry? | No | No | Missouri is a "shall issue" state for concealed carry. Permitless carry took effect on January 1, 2017.[3]
Per the RSMo, there is no restriction on the concealed carry of long guns or any other weapons in Missouri. [4] | |
Permit required for open carry? | No | No | 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.[5]In December 2019, St. Louis passed an ordinance forbidding the carrying of firearms in city parks, athletic fields and facilities, and recreational facilities.[6][7] A lawsuit challenging the ordinance as a violation of preemption is expected. | |
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.[8] 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.[9][10] However, the law was found to be constitutional by the Supreme Court of Missouri.[11]
According to the Revised Statutes of Missouri (RSMo), Section 571.030, a person only commits the crime of carrying a concealed weapon if they carry a concealed weapon into a place where concealed carry is restricted by law, and they do not satisfy one of the exemptions in subsections 2-7, which include having a valid permit or endorsement to carry concealed firearms.[12][13] Those who hold CCW permits are subject only to fines if they refuse to leave after being asked and a peace officer is summoned, and possible revocation of their permit if they repeatedly do this.[14]
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.[8]
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.[15]
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.[16] The bill was initially vetoed by Gov. Nixon, but the Missouri legislature overrode the veto during the September veto session.[17]
In September 2016, another Senate bill coincidentally numbered SB 656 was passed allowing permitless concealed carry by anyone 19[18][19] 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]
A concealed carry permit is required to carry in the state capitol, but one may not carry in the House and Senate chamber floor, gallery and committee meeting rooms.[20]
According to RSMo Section 571.030, there is no restriction on the concealed carry of long guns, nor a restriction on the transport of a loaded firearm in a motor vehicle. Missouri does not prohibit the concealed carry of any specific weapon. There is no age limit to conceal carry a handgun, long gun or any deadly weapon in Missouri.[21]
Open carry
Missouri allows open carry without a permit, so long as the firearm is not displayed in an angry or threatening manner.[22] Some localities prohibit open carry; however, concealed carry license holders are exempted from this restriction.[23]
Missouri does not prohibit the open carry of any specific weapon, nor do most of the restrictions in RSMo 571.030 apply to the open carry of a firearm or other weapon. It is not a crime under Missouri law to openly carry a weapon into any place where concealed carry is prohibited, except for a church, school bus, school, or onto the grounds of a school function. According to RSMo Section 571.030, there is no age limit to openly carry a handgun, long gun or any weapon.[24]
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.
- NRA-ILA. "NRA-ILA | Missourians Celebrate a Win for Self-Defense Rights on Wednesday". Retrieved 2016-09-15.
- "571.030". revisor.mo.gov. Retrieved 2019-04-02.
- 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.
- "BOARD BILL NUMBER: 134" (PDF).
- Neman, Daniel. "Guns now banned from St. Louis city parks". stltoday.com. Retrieved 2019-12-28.
- 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.
- "571.210". revisor.mo.gov. Retrieved 2019-04-04.
- "571.030". revisor.mo.gov. Retrieved 2019-04-02.
- "571.107". revisor.mo.gov. Retrieved 2019-04-03.
- 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
- Erickson, Kurt. "Parson making it official: Guns OK in Missouri Capitol". stltoday.com. Retrieved 2018-11-22.
- "571.030". revisor.mo.gov. Retrieved 2019-04-02.
- "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.
- "Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo, Missouri Law, MO Law". revisor.mo.gov. Retrieved 2019-07-22.