Cedar County Prosecutor Ty Gaither spent four days over the weekend researching Missouri’s Concealed Carry and Constitutional Carry Statutes. After about four revisions, he says these are his conclusions boiled down from five pages of legal jargon. The bottom line: The prosecutor advises that you get your Missouri Concealed Carry permit. Without that permit it is a crime to carry a gun concealed in certain places. With that permit, you may be barred from entering certain places or removed from the premises but not charged with anything.
The prosecutor said this does not apply to an airport, federal building, courthouse, prison or other federal facility or compound.
Prosecutor Gaither’s conclusions:
The right to keep and bear firearms in Missouri has been guaranteed since the adoption of the Missouri Constitution of 1875, as well as the Second Amendment to the U.S Constitution. The 2014 Amendment under Article 1, Sec. 23 does not grant a “right to carry,” it states that the Citizens of the State of Missouri have an “inalienable” right to “keep and bear arm” and “Any restriction on these rights shall be subject to strict scrutiny.” Any law restricting this right to keep and bear arms must as determined by the caourts to be necessary to meet a “compelling governmental interest”
The 2014 Constitutional amendment of Article 1 Sec. 23 does not affect the ability of legislature to pass gun regulations. The Missouri Supreme Court has determined the current gun regulations meet the strict scrutiny standard for a compelling governmental interest.
Certain persons may not possess or carry either concealed or open firearms. These include person convicted in this state or any other state of a felony, person adjudged mentally incompetent, a fugitive from justice or is habitually in a drugged or intoxicated condition.
Those person who have obtained a concealed carry permit may carry a concealed weapon on or about their person and they are allowed Under Missouri Law to carry into those locations normally prohibited under 571.030 and 571.107 RSMo. (i.e. schools, churches, government buildings, airport, bars,
It should be noted the carrying of a concealed firearm in a location specified above in 571.030 and 571.107 RSMo. by any individual who holds a concealed carry permit issued pursuant to Sections 571.101 to 571.121, RSMo., shall not be a criminal act but may subject the person to denial to the premises or removal from the premises. Persons who do not have concealed carry permit are committing a misdemeanor under Missouri Law.
A note of warning, carrying a weapon into an airport, federal building, courthouse, or prison, or other federal facility or compound, will subject the person to federal felony charges, regardless of the possession of a Missouri concealed carry permit.
While there is no “constitutional right to carry,” the Missouri legislature by its 2014 amendment to 571.030 RSMo. has effectively granted a “statutory right to carry” by reducing the punishment for carrying a concealed weapon to a misdemeanor and stating it is not a crime at all for those persons who have obtained a Concealed Carry Permit.
21.750. 1.RSMo. states that the general assembly has preempted the entire field of legislation touching in any way on firearms, components, ammunition and supplies to the complete exclusion of any order, ordinance or regulation by any political subdivision of this state. No county, city, town, village, municipality, or other political subdivision of this state shall adopt any order, ordinance or regulation, concerning firearm unless it conforms exactly with the provisions of sections 571.010 to 571.070, RSMo. (State Weapons Statutes). In any jurisdiction in which the open carrying of firearms is prohibited by ordinance, the open carrying of firearms shall not be prohibited for any person with a valid concealed carry endorsement or permit.