Missouri Gun Laws

Missouri Gun Laws

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Kimberly J. Benjamin, Founder & Managing Attorney

Published: December 6. 2019.

Updated: December 6. 2019.

Missouri Concealed Carry Law

There is no requirement that you have any kind of permit in order to carry a firearm in the state of Missouri, whether you want to openly carry it or carry it as a concealed weapon. You simply must be age 19 or older to carry a firearm, or you must be at least 18 years old and a member of the U.S. armed forces or an honorably discharged member of the U.S. armed forces.

However, you still can obtain a concealed carry weapons (CCW) permit from your local county sheriff’s department in Missouri. Probably the only reason to obtain a CCW permit is if you intend to travel outside the state and want to be able to carry a concealed weapon. This is because certain other states extend reciprocity to Missouri CCW permits, meaning that they allow the Missouri CCW permit holders to carry concealed weapons in their states, just as they would in the state of Missouri.

To get a CCW permit in Missouri, you must be at least 19 (or 18 and a current or honorably discharged member of the U.S. armed forces), be a U.S. citizen or legal permanent resident, be a resident of Missouri or a member of the U.S. armed forces stationed in Missouri. You also must provide evidence of completion of a firearms training by a Missouri-certified instructor in order to get a CCW permit in the state.

There are also certain classes of people who cannot obtain CCW permits in Missouri, or possess a firearm at all. Among others, these individuals include anyone who has been:

  • Charged with, convicted of, or plead guilty or no contest to, a crime punishable by more than one year of incarceration or any assault and violent crimes in the last five years

  • Convicted of two or more misdemeanor offenses involving drunk or drugged driving, or possession or abuse of a controlled substance in the last five years

  • Adjudicated mentally incompetent within the last five years or committed to a mental institution

Other ineligible individuals include fugitives from justice, those whose pattern of behavior leads a sheriff to reasonably conclude that they are dangerous to themselves or others, or who are subject to a current protective order. The Missouri DWI & Criminal Law Center provides strong legal representation on a regular basis for individuals who are charged with traffic tickets, DWI crimes, and other criminal offenses. It is our priority is to represent your interests and protect your rights. Call us at (816) 318-7943 and schedule an appointment to meet with us about your case today.

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 Missouri DWI & Criminal Law Center 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 Missouri DWI & Criminal Law Center has the experience, skills, and reputation that is essential to present your defense and win. For legal advice about your case, contact us today.

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