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Question on MO Law about Non-Firearm Weapons

Discussion in 'Carry Issues' started by chemcmndr, Jan 1, 2010.

  1. chemcmndr

    chemcmndr

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    Hey everyone,

    I was thinking about something, and then after looking into it, I am a little confused. I had always thought that a concealed weapons permit in Missouri only covered handguns. I looked at Missouri's page and on page 5 under Misc. Information it says "NO" and cites RSMo 571.101.1. I went to the statute in question but it didn't say anything about the permit only covering firearms. I then saw RSMo 571.030. 1. (1)

    and shortly after that:

    After looking at the definition of "blackjack"

    I start to wonder whether or not you would be allowed to conceal carry something like an ASP baton with a valid concealed carry permit.

    If anyone knows a statute or case law that says otherwise or has some insight, it would be much appreciated.
     
  2. fwm

    fwm

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    ANY legal weapon may be carried in MO concealed with a permit. Rifles, knives, whatever. But they must be legal. Brass knuckles, switchblades and many other 'weapons' are illegal in MO. I believe, but I am not certain, but I think blackjacks and batons are also defined as illegal.
     

  3. DustyJacket

    DustyJacket Directiv 10-289

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  4. failsafe

    failsafe

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    It would appear you have the RSMO 571 ...I would only direct you to ..
    Definitions.
    571.010.
    It describes what is considered item's not allowed for concealed carry..
     
  5. fwm

    fwm

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    That defines what deadly weapons are that you can be charged with if you are carrying concealed without a permit, but does not define those weapons that are specifically defined to be 'illegal'.

    Most of the weapons in this definition are legal to carry concealed if you have a MO CCW permit. (Carry Concealed Weapon)

    For example, with a CCW you can carry concealed a dagger, as while it is defined as a weapon, it is not an illegal one. But 'knuckles' and 'switchblades' are defined in MO as illegal and can not be carried at any time by anybody
     
  6. failsafe

    failsafe

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    My intent was to show the defininition of items mentioned in the prohibited section of RSMO571
     
  7. fwm

    fwm

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    OK. Sorry about that then.

    I was just trying to show the OP that any legal weapon can be carried in MO on a CCW because the CCW means Carry Concealed Weapon, unlike some states CCH (Carry Concealed Handgun)

    In MO, if you can conceal a shotgun with at least an 18" barrel, it is legal for you to carry with a CCW, but it must be a legal shotgun, not an illegal cut down version.
     
  8. Gary Slider

    Gary Slider

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    Missouri does not issue a Concealed Carry Weapons Permit/License. They issue a "concealed carry endorsement" I can find no where in MO law where it says Concealed Weapons Endorsement." The law is very specific and states "Can Carry Concealed Firearms." It does not say carry concealed weapons. Can someone point out a law that says you can carry concealed Weapons? Missouri 571.010 does not even say the below are weapons but just list the definition of those items and what that item consists of. IT never says they are covered by a "Concealed Carry Endorsement." Mo Law states:

    571.107. 1. A concealed carry endorsement issued pursuant to sections 571.101 to 571.121 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 sections 571.101 to 571.121 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:

    571.101. 1. All applicants for concealed carry endorsements issued pursuant to subsection 7 of this section must satisfy the requirements of sections 571.101 to 571.121. If the said applicant can show qualification as provided by sections 571.101 to 571.121, the county or city sheriff shall issue a certificate of qualification for a concealed carry endorsement. Upon receipt of such certificate, the certificate holder shall apply for a driver's license or nondriver's license with the director of revenue in order to obtain a concealed carry endorsement. Any person who has been issued a concealed carry endorsement on a driver's license or nondriver's license and such endorsement or license has not been suspended, revoked, canceled, or denied may carry concealed firearms on or about his or her person or within a vehicle. A concealed carry endorsement shall be valid for a period of three years from the date of issuance or renewal. The concealed carry endorsement is valid throughout this state.

    Again the law does not say Concealed Weapons but says with the Endorsement you can carry Firearms. I will say that the law as worded would allow you to carry a rifle or shotgun but not other deadly weapons as defined by the state.
     
    Last edited: Jan 2, 2010
  9. DustyJacket

    DustyJacket Directiv 10-289

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    That is because the CCW law is new (2004) and they did not go back a redo all the other laws that deal with CCW 'permits'.
     
  10. kfbleich

    kfbleich Po-Po

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    Hello all.....
    I've worked as an LEO here in Missouri for many years and this discussion came up at the local PD last year....I would like to point you to two statutes...

    571.030- unlawful use of weapons
    571.107- one of the two statutes commonly known as the CCW statutes....

    The two statutes appear to conflict as 030 specifies that this subsection

    (1) Carries concealed upon or about his or her person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use

    this is done to prevent CCW holders from being prosecuted under this statute, without having to ammend 571.030 and seperate out firearms, blackjacks, knives....etc...

    When carrying under CCW, one needs to default to 101 and 107, commonly referred to as the CCW statutes. 107 states:

    571.107. 1. A concealed carry endorsement issued pursuant to sections 571.101 to 571.121 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.

    For instance, if caught carrying in a church under CCW.....you cannot be charged with 571.030.....because this is subsection (8), which someone carrying under CCW is exempted from under the unlawful use of weapons statute.....however, this section of 107 states someone with CCW cannot carry at a church:

    (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;

    If you carry there, this section of 107 applies to you:

    2. Carrying of a concealed firearm in a location specified in subdivisions (1) to (17) of subsection 1 of this section by any individual who holds a concealed carry endorsement issued pursuant to sections 571.101 to 571.121 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.

    I have no idea if this makes sense to anyone....but I would suggest defaulting to 571.101 and 571.107.....state statutes are rarely updated with the passing of new statutes or the issuance of court opinions.....one can knit pick the statutes until they fall apart, for instance, a switchblade in Missouri includes knives which can be opened with the "application of centrifigal (sp?) force"....ie..flipping open...how many of us carry those???


    Regards
    KB
     
    Last edited: Jan 3, 2010