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]

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]

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.^[9][10] 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.^[11]

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]

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.^[12] The bill was initially vetoed by Gov. Nixon, but the Missouri legislature overrode the veto during the September veto session.^[13]

In September 2016, another Senate bill coincidentally numbered SB 656 was passed allowing permitless concealed carry by anyone 19^[14][15] 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. The bill instituted a de facto elimination of the minimum age for concealed carry.

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.^[16]

According to RSMo Section 571.030, there are restrictions on the carrying of firearms concealed or otherwise, for several reasons. Among these are restrictions when knowingly in possession of controlled substances, displaying the weapon in a angry or hostile manner, carries concealed upon or about his or her person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use into any area where firearms are restricted under section 571.107. Exhibits, in the presence of one or more persons, any weapon readily capable of lethal use in an angry or threatening manner. ^[10]

Some localities have adopted Second Amendment sanctuary resolutions.^[17] A statewide sanctuary law was also passed.^[18]

Missouri allows open carry without a permit, so long as the firearm is not displayed in an angry or threatening manner.^[19] Some localities prohibit open carry; however, concealed carry license holders are exempted from this restriction.^[20]

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.^[21]

• Chapter 571 - Weapons Offenses Archived April 2, 2016, at the Wayback Machine of Missouri Revised Statutes