Gun Law

Gun Law in Missouri

The Missouri Right to Bear Arms, Amendment 5 was approved by voters August 5, 2014, which established the unalienable right of citizens to keep and bear arms, ammunition, and accessories associated with the normal functioning of such arms, for the purpose of defense of one’s person, family, home, and property.

STATE CONSTITUTIONAL PROVISION – Article 1, Section 23

“That the right of every citizen to keep and bear arms, ammunition, and accessories typical to the normal function of such arms, in defense of his home, person, family, and property, or when lawfully summoned in aid of the civil power, shall not be questioned. The rights guaranteed by this section shall be unalienable. Any restriction on these rights shall be subject to strict scrutiny and the state of Missouri shall be obligated to uphold these rights and shall under no circumstances decline to protect against their infringement. Nothing in this section shall be construed to prevent the general assembly from enacting general laws which limit the rights of convicted violent felons or those adjudicated by a court to be a danger to self or others as a result of a mental disorder or mental infirmity."

Black Gun Ownership Restrictions

As we pointed out in, "Long History of Police Brutality," the history of policing in this country begins with slave patrols and restriction of black gun ownership has been a primary goal.

The Second Amendment to the U.S. Constitution states, "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." The Second Amendment Was Ratified to Preserve Slavery

Enforcement of gun law is not fairly applied and results in unequal gun rights for Black people.  

Most gun restriction laws were created to prevent black people from owning guns. After reconstruction, the Ku Klux Klan and other terrorist groups did not want black people to be able to defend themselves against the terror they were inflicting. During the 1960's, California created the most restrictive gun law in the country in response to the Black Panthers openly carrying guns in response to police brutality. 

The Mulford Act gained national attention after the Black Panthers marched on the California Capitol to protest the bill which was signed into law by Governor Ronald Reagan.

Expect selective enforcement against blacks more than whites concerning any gun restrictions in Missouri. Criminalization of African Americans also helps to restrict legal gun ownership for black people. Understanding the law is your only protection against organized efforts to disarm us as a group. The FBI reported that white supremacists have been infiltrating law enforcement for decades. You can also assume white supremacist have infiltrated state and federal legislatures, and hold positions such as prosecutors, judges and various positions in government. Randy Pullen, former Arizona GOP Chairman, in 2015 specifically stated that black people should be disarmed. Use the free legal information on this site learn how to protect your rights and privileges. 

Organize to increase African-American gun rights, visit the NATIONAL AFRICAN AMERICAN GUN ASSOCIATION


Democide

Guns also help protect citizens from democide, "the murder of any person or people by their government, including genocide, politicide and mass murder", such as the "Orangeburg Massacre" and the Camp Van Dorn Massacre in Mississippi when the firing pins were removed from black soldiers' rifle before being engaged by white soldiers. Included among the most recent modern examples are the senseless killings of unarmed people by police.

There are 94.7 million permanently unemployed Americans who are considered not in the labor force, not even seeking a job. It has been suggested that Trump's agenda during his first 50 days in office indicates a possible U.S. "democide" policy.

For additional history about disarming black people in America, see, "Laws Designed to Disarm Slaves, Freedmen, and African-Americans", "The Racist Roots of Gun Control" and "White & Black Guns: A History Of Gun Control For Black People".

Concealed Carry

Missouri has “Permitless Carry" as of 1-1-2017. Anyone at least 19 years of age or eighteen years of age and a member of the United States Armed Forces, or honorably discharged from the United States Armed Forces, who can legally possess a firearm may carry it concealed without a Permit/License. On September 14, 2016, the Missouri Legislature overrode Governor Nixon's Veto of, Senate Bill 656, a proposed change to relax the concealed carry law.

A Missouri resident may still apply for a concealed and carry permit and must be at least 19 years. The permit allows you to carry in other states that recognize Missouri conceal carry permits.  Applications are submitted to the sheriff of the county of residence. The application includes basic information, state and federal background checks, fingerprinting, and proof of weapons training completion. Concealed Carry Licenses are valid for five (5) years.

St. Louis City | St. Louis County | St. Charles CountyMissouri Sheriffs' Association Permit FAQ |

Missouri Statute 571.070 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 C felony. 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. However, the law was found to be constitutional by the Supreme Court of Missouri.

Missouri teachers and staff can qualify to carry guns in school under Missouri Revised Statute (RSMO) 160.665. School districts must hold a public hearing before establishing this program. Teachers and staff must pass a training program established by the Peace Officers Standards and Training commission under RSMO 590.200

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.

Missouri Revised Statutes 21.750 a law enforcement officer cannot disarm anyone carrying a concealed or unconcealed firearm absent “reasonable and articulable suspicion of criminal activity.”

Missouri Revised Statute 571.510 does not allow any public housing authority to prohibit a tenant or guest from personally possessing firearms in an individual residence, common area, or from transporting firearms to and from a residence.

Missouri Statute 571.121  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.

Missouri Revised Statute 571.107 prohibits carrying a concealed weapon in the following places:

  • Any police, sheriff, or highway patrol office or station without consent
  • Within 25 feet of any polling place on Election Day
  • Adult or juvenile jails or institutions
  • Courthouses or facilities
  • Any meeting of a government body (except by a member of the governing body with a concealed carry permit)
  • Any airport
  • Where prohibited by federal law
  • Any schools
  • Child care facility (without consent of manager)
  • Riverboat gambling facility
  • Amusement parks
  • Any church or place of worship without permission of minister or person representing religious organization
  • Any sports arena or stadium (with seating of more than 5,000)
  • Hospitals
  • Private or public property where posted

Possession of a firearm in a vehicle on the premises of any of the above-listed location is not prohibited so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises. Carrying a concealed firearm in any location specified is not a criminal act.

However, you can be denied access to the premises or may be removed from the premises for doing so. If a peace officer is summoned:

  • Upon the first offense, you can be cited and fined up to $100.
  • If within six months, a second offense occurs, you can be fined up to $200, and your concealed firearms permit can be suspended for a period of one year.
  • If within one year of the first offense a third citation for a similar violation is issued, you may be fined up to $500, and your concealed carry permit revoked.
  • If your concealed carry permit is revoked, you are not eligible for the permit for a period of three years.
  • It is a misdemeanor to possess an unloaded firearm while under the influence of drugs or alcohol (it is a felony if the weapon is loaded)

Under Federal Law 18 US Code §930, guns cannot be taken into federal facilities except for “hunting or other lawful purposes.” The U.S. Postal Service does not allow guns on their parking lots, even if locked in a car. They have claimed regulatory authority through the parking lot and even to the public sidewalk beyond. Driving into the parking lot of a post office with a gun anywhere in the car is a federal crime. Most other federal facilities are content with guns locked in the car, however, it's best to check. 

Handguns

  • No permit is necessary to purchase a handgun
  • Registration of handguns is not required
  • Ownership licenses are not required
  • The right to carry handguns requires a license

Rifles and Shotguns

  • No permit is required to purchase rifles and shotguns
  • Registration of rifles and shotguns is not required under Missouri gun law
  • Ownership licenses are not required
  • A permit to carry shotguns and rifles is not required

Open Carry

Open carry is generally legal in Missouri, but cities and local governments within Missouri have the right to limit 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. Some localities prohibit open carry, however, restrictions must comply with state law.

Concealed Carry Permit Requirement Exceptions

  • No concealed carry permit is required when the weapon is in a non-functioning state (for instance, if it has a barrel lock in place), or if the weapon is unloaded and no ammunition is readily accessible.
  • While traveling in a car and at least 19 years old or 18 and a member of the armed forces (or honorably discharged). Missouri's old "peaceable journey" law, which allowed a person to conceal a weapon in a car while on a "peaceable journey" through the state (including journeys that begin and end outside of the state, begin and end inside of the state, begin in the state and end outside the state, or begin outside of the state and end in the state), is still in effect and has no age restriction.
  • When a person is also carrying an exposed firearm for the lawful pursuit of game. For instance, if a hunter is openly carrying his deer rifle, he may also conceal a handgun without a concealed carry permit.
  • No concealed carry permit is required when a person is on their own property.

Additional Missouri Gun Law Information

ATF Federal Firearms Regulations Reference Guide

State Firearms Laws and Ordinances

Missouri State Law Summary, Law Center to Prevent Gun Violence


Castle Doctrine

A castle doctrine is a legal doctrine that designates a person's home any legally occupied place – e.g., a vehicle or workplace as a place in which that person has certain protections and immunities permitting him or her, in certain circumstances, to use force (up to and including deadly force) to defend himself or herself against an intruder, free from legal responsibility or prosecution for the consequences of the force used.

In addition to providing a valid defense in criminal law, many laws implementing the castle doctrine, particularly those with a "stand-your-ground clause," also have a clause which provides immunity from any civil lawsuits filed on behalf of the assailant (for damages/injuries resulting from the force used to stop them). Without this clause, an assailant could sue for medical bills, property damage, disability, and pain & suffering as a result of the injuries inflicted by the defender; or, if the force results in the assailant's death, his/her next-of-kin or estate could launch a wrongful death suit.

Missouri Castle Law RSMO 563.031 extends to any building, inhabitable structure, or conveyance of any kind, whether the building, inhabitable structure, or conveyance is temporary or permanent, mobile or immobile (e.g., a camper, RV or mobile home), which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night, whether the person is residing there temporarily, permanently or visiting (e.g., a hotel or motel), and any vehicle. The defense against civil suits is absolute and includes the award of attorney's fees, court costs, and all reasonable expenses incurred by the defendant in defense of any civil action brought by a plaintiff.


Ghost Guns

Federal authorities are raising concerns about guns that can be sold to anyone without a background check because they are sent in pieces, so when shipped, they are not technically guns.


Missouri Gun Laws Overview

  RIFLES & SHOTGUNS HANDGUNS
Permit to Purchase No No
Registration of Firearms No No
Licensing of Owners No No
Permit to Carry No No

The information is not intended as legal advice or a restatement of law and does not include:  restrictions that may be placed on non-resident permits, individuals under the age of 21, qualifying permit classes, and/or any other factor which may limit reciprocity and/or recognition. Some states will only recognize Missouri RESIDENT permits. Wisconsin will only honor a Missouri License issued or renewed on or after August 28, 2013; http://ago.mo.gov/divisions/public-safety/concealed-carry-reciprocity. For any particular situation, a licensed local attorney must be consulted for an accurate interpretation.  YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL.

  STATE STATUS
Castle Doctrine Enacted
No-Net Loss Enacted
Right To Carry Confidentiality Provisions Enacted
Right To Carry in Restaurants Partial Ban
Right To Carry Laws Shall Issue
Right To Carry Reciprocity and Recognition Outright Recognition
Right To Keep & Bear Arms State Constitutional Provisions With Provisions
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