Missouri Concealed Carry & Gun Crime Defense Lawyer

Where Is Legal To Open Carry In Missouri?

Missouri became a constitutional carry state in 2017. That means an individual doesn’t need a permit to conceal carry or open carry a firearm. However, gun laws in Missouri prohibit possessing, selling, manufacturing, or purchasing assault weapons.

The state doesn’t require individuals to register handguns, long guns, or other types of firearms, and no special license is issued to firearms owners. But, individuals are required by Missouri gun laws to carry the permit, together with a photo ID, anytime they are in actual possession of a concealed gun. Local authorities can regulate open carry if an individual doesn’t have a CCW permit. But, if they do, local authorities are not allowed to place any restrictions on them.

Possession of a firearm and open carry is allowed in state parks, national forests, restaurants, vehicles, roadside rest areas, and all areas not listed as off-limits. Bear in mind that an individual doesn’t have to inform a police officer when approached on official business.

Open Carry Restrictions

Although it may sound that anyone can carry concealed firearms anywhere in Missouri, that is not the case. Intentionally displaying the firearm in an angry or threatening manner not necessary for self-defense is forbidden.

Open carry in any elementary or secondary school facility, college, university, and other institutions, including a church or some other place of religious worship. Open carry in stadiums, hospitals, and school buses is also not allowed. However, Missouri allows a specially trained school employee, such as a school protection officer, to carry firearms on school grounds.

If an individual disobeys these regulations, they may be denied to enter the premises or removed from the premises. If a law enforcement officer is summoned, they may be issued a citation for up to $100 for the first offense. The fine rises to up to $200 for a second offense and up to $500 for the third offense.

After the second offense within 6 months, an individual’s CCW permit may be revoked for a year. After the third offense within a year of the first offense, a concealed carry permit can be revoked. They won’t be eligible for a Missouri lifetime or extended concealed carry permit for three years.

Castle Doctrine Missouri

The castle doctrine, otherwise known as the “stand your ground” law, is a common law principle that allows property owners to legally use deadly force to protect themselves from imminent threats posed by intruders. Missouri, like many states, has adopted a version of the common law castle doctrine. Under Mo. Rev. Stat. § 563.031, an individual cannot legally use deadly force against others except in the following circumstances:

• The individual reasonably believes that deadly force is necessary to protect himself or herself from death, serious physical injury, or any forcible felony,
• The individual uses deadly force against another who unlawfully enters, remains present after unlawfully entering, or attempts to unlawfully enter a dwelling, residence, or vehicle lawfully occupied by the individual, or
• The individual uses deadly force against another who unlawfully enters, remains present after unlawfully entering, or attempts to unlawfully enter private property that is owned or leased by the individual, or is occupied by an individual who has been given specific authority by the property owner to occupy the property, claiming a justification of protective force.

This section also provides that the individual has no duty to retreat from:

• A dwelling, residence, or vehicle where the individual is not unlawfully entering or remaining,
• Private property that the individual owns or leases, or
• Any other location in which the individual has a right to be.

It is up to the individual who uses the deadly force to raise the issue of justification if he or she is charged with a criminal offense after using deadly force against another. If the deadly force occurred when a person unlawfully entered, remained present after unlawfully entering, or attempted to unlawfully enter a dwelling, residence, or vehicle lawfully occupied by the individual, the burden of proof shifts to the prosecution. In such a case, the state must prove beyond a reasonable doubt that the individual did not reasonably believe that the use of such force was necessary to defend against what he or she reasonably believed was the use or imminent use of unlawful force.

A criminal defense lawyer such as those at The Benjamin Law Firm, LLC will investigate the facts of your case, assess the situation, and determine whether you have a viable defense. No matter what your situation may be, The Benjamin Law Firm, LLC has the experience, skills, and reputation that is essential to present your defense and win.

For legal advice about your case, contact us today.

Missouri Gun Laws Compared to Other States

Missouri gun laws exhibit unique characteristics when compared to other states. Unlike some states with stringent regulations, Missouri does not require a permit to purchase handguns or long guns. Open carry is generally permitted without a license, contrasting sharply with states like California and New York, where open carry is heavily restricted or banned altogether.

Missouri also stands out with its lack of a waiting period for firearm purchases, a feature present in states such as California, which imposes a ten-day waiting period. Additionally, while Missouri allows concealed carry without a permit, known as constitutional carry, other states like Illinois and New Jersey require extensive background checks and training for concealed carry permits.

However, Missouri aligns with federal laws prohibiting firearm possession by individuals convicted of certain crimes, similar to many other states. The state also honors concealed carry permits from all other states, promoting reciprocity, unlike states with more selective recognition policies, such as Maryland or Hawaii.