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Gun Laws Missouri

Missouri Gun Laws: Are the Open and Concealed Carry Laws Clear?

combschris1 · September 16, 2019 ·

Introduction

In early August of 2019, a man was arrested in Springfield for walking into a Walmart with a loaded AR15 (100 rounds) wearing a bulletproof vest and military fatigues just days after the deadly El Paso shooting, which also took place in a Walmart and left 22 people dead. 

In the wake of the El Paso shooting you may think “of course he was arrested!” but the question remains, what exactly was he arrested for? Missouri has open carry laws, doesn’t it? Well, yes, it does, so let’s take a look at what those laws are. 

What are the Open Carry Laws in Missouri?

In Missouri, you can openly carry a firearm anywhere they are not prohibited. Municipalities are able to prohibit open carry in certain areas, as are private businesses, and it is also typically not allowed on Church premises, near polling stations, and on federal property. 

You are able to carry firearms in your vehicle without notifying an officer, you can carry in state parks, and in restaurants that serve alcohol (but not by the bar). If you want to openly carry a weapon in a public area or built-up space, check with the local laws to ensure you stay on the right side of the law. 

The open carry laws in Missouri have raised some debate amongst gun owners, many of whom have pointed out that open carry puts you at a strategic disadvantage in a serious situation, and it requires all other firearm owners to assess your intentions. 

What are the Concealed Carry Laws in Missouri?

Anyone over 19-years-old can carry a concealed firearm without a permit or training in Missouri. However, there are certain locations where concealed carry is restricted, and you will need a CCW permit in those areas. (You can find out more about Missouri gun laws here)

You are not permitted to carry a concealed firearm on any school facility (unless you have explicit consent of the governing body), any child-care facility, any law enforcement facilities, federal buildings or land, amusement parks, religious organizations, private property where the owner has prohibited concealed carry, and more, which are listed here.

Common Gun Charges in Missouri

Unlawful Possession of a Firearm: If you have already been convicted of a felony, there are no circumstances in which you can lawfully own a gun. You can also not possess a gun if you are wanted for a crime elsewhere, are intoxicated or drugged, or judged to be mentally incompetent. 

Unlawful possession of a gun is a Class C felony. This does not apply to an antique firearm. A Class C felony has a maximum penalty of a prison term of ten years in prison (with no less than three years). 

Unlawful Use of a Weapon: Unlawful use of a weapon in regard to gun laws, includes:  

  • Setting a spring gun
  • Firing a gun into a vehicle, boat, aircraft, home, or any other structure where people gather
  • Angrily or threateningly exhibiting a weapon in the presence of other people 
  • Firing a gun within 100 yards of a school, church, or courthouse, across or along a public highway 

Punishment for unlawful use of a weapon is a Class D felony in most cases, though there are many exceptions. A Class D felony has a punishment of up to 7 years in prison and a fine of up to $5,000. 

If you discharge a weapon at a vehicle it is a Class B felony, which is punishable by a maximum of 15 years in prison (no less than 5 years). 

Defacing a Firearm: It’s a crime to knowingly deface a gun in Missouri, so this includes removing any identifying marks by the manufacturer or importer. Defacing a gun in this way is a class A misdemeanor, which is punishable by a maximum of one year in jail and a fine of no more than $2,000. 

Fraudulent Purchase of a Firearm: Fraudulent purchase occurs when someone entices, persuades, encourages, or solicits someone to sell a firearm or ammunition to them when they are in full knowledge that the transaction is illegal. This also covers falsifying your information in order to purchase a firearm or ammunition. 

Fraudulently purchasing a firearm is a Class E felony. A Class E felony is punishable by a prison term of up to 4 years. 

Unlawful Manufacture, Transport, Repair, or Sale of Certain Weapons: if you knowingly possess, manufacture, transport, repair, or sell an explosive weapon, a gas gun, bullets and projectiles that explode or detonate on impact, a machine gun, sawn-off shotguns and rifles, and silencers. 

These crimes are a Class C felony, penalties of which are a prison term of up to 10 years and a fine of up to $5,000. 

Terrorist Threat: In the case of the Springfield arrest, a terrorist threat 1st degree is a Class D felony, while 2nd degree is Class E. 

So What Happened in Springfield?

On August 8, 2019, 20-year-old Dmitriy Andreychenko was arrested on suspicion of first-degree making a terrorist threat and was charged the next day with making a terrorist threat in the second-degree, which is punishable with up to 4 years in prison and is a Class E felony. 

Andreychenko walked into the Springfield Walmart with multiple weapons, including an AR15 and 100 rounds in ammunition, wearing military fatigues and a bulletproof vest. Although he never fired the gun, his presence and actions in the store caused shoppers to panic, flee, and called the police about an active shooter. The store manager made the decision to pull the fire alarm and evacuate the store. 

Andreychenko was seen pushing a shopping cart and filming a video with his cellphone. Andreychenko tried to leave the premises prior to the arrival of the police but was detained at gunpoint by an off-duty firefighter. His actions came just days after two deadly shootings; one at an El Paso Walmart in which 22 people were killed, and another in Dayton, Ohio where a further 9 people died, including the shooter’s own sister. 

Andreychenko’s motives are still unclear; whether he had planned to kill the people or not or simply film people’s reactions to his presence, it was not a good idea.  

“His intent was not to cause peace or comfort,” Lieutenant Mike Lucas told KYTV of the Missouri suspect. “He’s lucky he’s alive still, to be honest.” Had the off-duty firefighter not detained him, he may have come up against another person with a firearm who was less willing to give him the benefit of waiting for law enforcement to arrive and take control of the situation. Police praised the firefighter’s quick actions. 

While private businesses are well within their right to prohibit open carry in their stores and on their premises, Walmart is not one of them. 

Was it a good idea to walk into the Walmart in a bulletproof vest and a rifle? No. While what he did wasn’t technically illegal in Missouri, or in Walmart, doing so can easily be construed as threatening behavior – and even more so after the events of the previous day. 

Has This Happened Before?

Arrests and convictions even where open carry is legal is not unusual after a mass shooting event. In April 2013, an Iraq and Afghanistan war veteran attending a pride event in Colorado Springs on the day after the Aurora theater shooting was arrested for openly carrying his handgun (though unlike Andreychenko, his gun was holstered to his belt). Apparently, the officers involved were unaware that it was perfectly legal to openly carry a weapon in a city park in Colorado. [link: krdo.com/news/local-news/man-sues-colorado-springs-after-wrongful-open-carry-arrest/34080516] He later filed a lawsuit because his rights were violated and won $23,000 against the city. 

In 2016, a man legally carrying a gun in Dallas during the police protests was mistakenly arrested while peacefully protesting. 

Similarly, in Toledo, Ohio in 2015, Shawn Northrup went out for a walk with his wife, daughter, grandson, and dog with his cellphone and a semiautomatic handgun holstered to his belt. A passing motorist took umbrage with his open display and yelled, “you can’t walk around with a gun like that!” and after a heated exchanged, he called the police. Northrup was detained for 90 minutes but his charges were eventually dropped. 
The fact is that it’s completely legal to openly carry or carry a concealed weapon in most locations in Missouri, so if you are charged or under investigation for a gun law violation in the St. Louis Metro area, it’s vital you talk to an experienced gun law attorney as soon as possible. Contact us today to arrange a free consultation and ensure you get the very best outcome possible and protect your rights as an American citizen. We aim to get back to all inquiries within just two hours, so you don’t need to wait to receive the legal support you need.

The Complete Guide to Gun Charges in Missouri

combschris1 · May 15, 2019 ·

Every American citizen has the right to bear arms, at least until something goes wrong. When things go wrong your right to own and possess firearms may be taken away, at best, and you may go to prison in the worst of circumstances. Missouri is a gun friendly state, and if that’s important to you then it’s vital that you fully understand gun laws and charges in the state so you can remain on the right side of the law, or take action to retain your right to bear arms.

Any firearms charge is a serious offense, and if you or someone you know has been charged with one it’s important you educate yourself on the different charges so you can act accordingly. If you need immediate help from a criminal defense lawyer in the St. Louis metro area, you can contact us today for a free consultation, however, if you have more time, read on as this article will guide you through everything you need to know about gun charges in Missouri.

Contents

  • What You Should Know About Gun Possession and Ownership in Missouri
    • Do I Need a Background Check to Purchase a Gun?
    • Do I Need a Permit?
    • Can a Minor Own a Gun?
    • Do I Need a Permit to Carry a Gun?
    • Do I Need a License to Sell a Gun or Ammunition?
    • Can I Own Semi-Automatic or Fully Automatic Weapons in Missouri?
  • How Missouri Gun Laws Differ from Other States
  • Missouri Gun Offenses
    • Penalties
    • Unlawful Possession of a Firearm
    • Possession, Manufacturing, Transporting, Repair, or Sale of Specific Weapons
    • Unlawful Use of a Weapon
    • Defacing a Firearm
    • Fraudulent Purchase and Illegally Obtaining a Firearm
  • Firearms and Domestic Violence
  • Do I Have to Report a Lost or Stolen Firearm?
  • What Should I Do if I’ve Received a Charge for a Gun Offense?

What You Should Know About Gun Possession and Ownership in Missouri

Let’s start with the basics, so if you’re on the right side of the law, you can stay on it.

Do I Need a Background Check to Purchase a Gun?

Yes, if you are buying your firearm from a store you will have to go through a background check. However, there are no background checks required for a private sale. The buyer must be 19 years old, provide ID, and if the seller has any prior knowledge that the buyer is not lawfully allowed a firearm, they may be in legal trouble if this is discovered.

Other requirements for purchasing a firearm from a store in Missouri are:

  • Citizen or resident of the US, and resident of Missouri
  • Have taken a firearms training course
  • Have not been convicted of a felony or misdemeanor
  • Do not meet any of the other criteria listed in the Unlawful Possession of a Firearm section below

Do I Need a Permit to Own a Gun?

No, you don’t need a permit and you don’t need to register your firearms in Missouri, and there is no waiting period prior to purchase.

Do I Need a Permit to Sell a Gun or Ammunition?

No, Missouri does not require to own a license, though if you intend to do so on a commercial basis, check with your local jurisdiction. You do not need to ensure that the person purchasing ammunition from you has a license or permit, nor do you need to maintain a record of who has purchased ammunition from you.

Firearms and Minors in Missouri

You can buy or give a minor a firearm in Missouri, though they aren’t allowed to buy one for themselves, provided you have the consent of their parent or legal guardian. Missouri does not penalize individuals for negligently storing or leaving a gun where a child can easily gain access to it.

Do I Need a Permit to Carry a Gun?

As of January 2017, Missouri is a constitutional carry state, which means you don’t need a permit to conceal or openly carry a firearm, however, there are some areas where concealed carry is restricted, and you require a CCW permit in these areas so it’s best to check with local law.  

You are free to carry your gun in your vehicle, and you don’t have to notify an officer if you are approached on official business.  

Obtaining a concealed carry license is a good idea if you want to carry your gun freely but often travel into built-up areas that may require them, or travel out of state, though you need to check that those states honor your license.

Can I Own Semi-Automatic and Fully Automatic Weapons?

You can own, and hunt with, some semi-automatic rifles. If you want to own a fully automatic weapon in Missouri, you must go through an intensive FBI background check and pay the federal firearms tax.

How Do Laws in Missouri Differ from Other States?  

Missouri has some of the most lenient gun laws in the United States, and providing you don’t meet any of the conditions to why you aren’t allowed to possess a gun (see the Unlawful Possession of a Firearm section below), you should be able to legally own a gun without registering it with the state, without registering it or obtaining a license or permit.

Missouri has come under some criticism for its especially lax gun laws and scores an “F” by Giffords Law Center, an organization against gun control. In 2017, Missouri had the sixth highest gun death rate among the states, and it supplied “crime guns” to other states at a higher rate than the national average, due to the fact that the state exports more “crime guns” than it imports.

Missouri Gun Offenses

Below you’ll find a list of the different gun offenses in Missouri and the classes of charge you can receive for these offenses.

Class C Felony – a prison term not exceeding 7 years and a maximum fine of $10,000.

Class D Felony – a prison term up to 7 years or one 1 year in jail, and a maximum fine of $10,000.

Class A Misdemeanor – maximum jail time of 1 year and a maximum fine of $1,000.

Class B Misdemeanor – maximum jail time of 6 months and a maximum fine of $500.

Unlawful Possession of a Firearm: Class C Felony

A person is guilty of unlawful possession of a firearm if they have a firearm in their possession and they:

  • have been convicted of a felony under Missouri law, or another crime in the US that would be considered a felony within Missouri
  • are a fugitive
  • habitually intoxicated (alcohol or other substances)
  • adjudicated as a mental defective or have been committed to any mental institution
  • are an illegal alien
  • were dishonorably discharged from the armed forces
  • renounced their US citizenship
  • are subject to a restraining order from an intimate partner or child of an intimate partner
  • have been convicted of a misdemeanor domestic violence charge.

This does not apply to antique firearms.

A charge for unlawful possession of a firearm is a serious offense, and you should seek advice from a criminal defense lawyer as soon as possible.

Possession, Manufacturing, Transporting, Repair, or Sale of Specific Weapons and Ammunition: Class C Felony or Class A Misdemeanor

This can apply to weapons other than guns (such as explosives), but for the purpose of this guide, we will focus solely on the crimes relating to firearms. A person is guilty of committing a crime if they knowingly possess, manufacture, transport, repair, or sell:

  • Any bullet or projectile that explodes or detonates on impact due to an independent explosive charge
  • A gas gun
  • A machine gun
  • Any short-barreled rifle or shotgun
  • A silencer for a firearm

If you are found in possession of a gun while intoxicated you can be charged with a Class A misdemeanor. If you are found in possession with an unloaded firearm in a school facility you will be charged with a Class A misdemeanor. However, if the weapon is loaded the crime increases to a Class D felony.

Unlawful possession of a machine gun, short-barreled rifle, sawn-off shotgun, or silencer is a federal offense, and will be taken seriously. If you’ve made a mistake, a criminal defense lawyer will be able to get to work defending your case.

Unlawful Use of a Weapon: Class D Felony or Class B Misdemeanor

It is illegal to use weapons in certain ways in Missouri, and in specific circumstances. This pertains to guns in the following ways:

  • Setting a spring gun
  • Shooting a firearm into a home, car, boat, aircraft, or any structure in which people assemble
  • Angrily exhibiting a weapon in the presence of one or more people
  • Discharging a firearm within 100 yards of an occupied school, church or courthouse.

All of the above are Class D felonies, other than discharging a firearm within 100 yards of any occupied school, church, or court, which is a Class B misdemeanor. This also includes shooting a firearm across or along a public highway (any road), carrying a firearm into a church, into a precinct on election day, or into any government building.

Defacing a Firearm: Class A Misdemeanor  

It is also a crime in Missouri to knowingly deface any firearm. This means that any action that destroys or renders any identifying marks (such as those made by a manufacturer or importer).

Fraudulent Purchase of a Firearm: Class D Felony  

Illegally obtaining a firearm and fraudulent purchase happens when a person solicits, persuades, encourages, or otherwise persuades anyone to sell a firearm or ammunition when the buyer knows the transaction would violate the law.

This includes if you provide false information to attempt to purchase firearms. Anyone who attempts to use another person to buy prohibited firearms or provide a seller with false information also is guilty of the crime.

Firearms and Domestic Violence

If you need to know about Missouri domestic violence laws in regards to use of a deadly weapon, you should read our other guide: A Complete Guide to Missouri Domestic Violence Laws as it will be able to tell you the offenses and penalties for these charges. Missouri does not prohibit individuals convicted of a domestic violence misdemeanor from purchasing or possessing firearms or ammunition (though federal law does), nor does it require the surrender of firearms and ammunition by domestic abusers who are prohibited from possessing firearms and ammunition under federal law, or the removal of firearms at the scene of a domestic violence incident, though the attending offers may do so.

Do I Have to Report a Lost or Stolen Firearm?

No, in Missouri you are not required to report the loss or theft of a firearm, though in many cases it is smart to do so if you believe the firearm has been stolen.

What Should I Do if I’ve Received a Charge for a Gun Offense?

If you or someone you love has received any charge for a gun offense in Missouri you need a criminal defense lawyer on your side. An experienced criminal offense attorney will be able to act quickly to ensure your case doesn’t escalate further and advise you on what action to take next. Depending on the severity of your charge, your freedom to possess firearms or even your own freedom may be at stake.

We are experienced St. Louis criminal defense attorneys, and we’ll act quickly to advise you on your case in a free consultation, and then get to work on your case right away. Every one of our clients gets full personal attention and we are available 24 hours a day from the moment of arrest. We’ll work to get you the very best outcome, whether the case goes to trial or not. As experienced St. Louis criminal defense attorneys, we understand that mistakes happen, and we’re dedicated to ensuring they don’t take away your liberty.

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