MO Open Carry Laws Brief Explanation

21.750.1 Firearm Preemption - www.moga.mo.gov...
SB656 - www.senate.mo.g...
FIND OUT YOUR CITY'S ORDINANCES
www.generalcode...

[@enzotlou106]

I live in independence Mo. and I open carry and conceal carry everyday. I love our state. You couldn't pay me to live in Illinois,New Jersey,New York or California.

[@johnchase4408]

Same here my brother

[@bradfarrow523]

I feel safer in Illinois at present but as methamphetamines become more prevailant like in Missouri it could change most people that open carry have a far better chance of it being taken away from them by a criminal than concealed.

[@SteveHandlebar]

Amen brother

[@matthewlee9728]

love Missouri just moved here from Kentucky which is a little less restrictive if you can belive that but Missouri is defiantly on the right side of the debate

[@Feynman235]

Had a guy a couple of weeks ago see me open carrying and literally got out of his car in the drive through at McDonalds (St Peters) and try to fight me! He actually chased me while I was driving! He insisted that you could not open carry in MO. He was so mad! I assured him that I was perfectly within my legal rights, but that infuriated him more. Still, I refuse to bow down to the ignorant just to keep them from throwing fits. I will continue to openly carry!

[@AKJames762]

CRAIG LEE holy shit! Had you been a different type of person that guy could have had a very bad day! I'm not saying I would have drawn on him because I doubt I would have, but fuck man some guy charges me like that and I'd be thinking something is going to happen

[@Feynman235]

AKJames762 I agree man! I was shocked! Since I had a route out I took it, but I was damn close brother. Some lady filmed it...surprised it didn’t show up on FB or here. Lol!

[@grantgillum8768]

Good reason to carry pepper spray.

[@JackKrei]

in reality the U S Constitution supersedes all state laws and it clearly allows us to bare arms. Read I believe Art 16 it explains how any state law that try to restrict rights granted or confirmed by the constitution are not legal and judges are bound by the constitution. Later in the great document it explains you obligation to it if you have sworn an oath of office to it. It's a great read one every American should do once a month or at least in high school.

[@cptshifty_8552]

kirkpanzer this idiot doesn’t know wtf he’s talking about. Most don’t realize the Constitution trump any state law. Cops aren’t taught that tho. Cops are a collection agency. They can lie, cheat, and steal. We can’t.

[@denniscarron5107]

This video was very helpful, I've been on the fence about the ccw but it looks like it would be smart to get one anyway.

[@naylemills2908]

Do you have a new video out? 2019 MO Laws changed. Constitutional Carry in effect.

[@AKJames762]

Yes it is, you are correct. I stay up to date on all federal and state gun laws I just have not made videos in quite a while. Just honestly have not had the time to. Thanks for watching!

[@mjbl3974]

Not trying to be contrary, but Governor Nixon vetoed that bill and it has yet to be overridden, so NOT LAW. Your alleged Ranger is wrong also. Municipalities in MO can enact laws prohibiting Open Carry, even if you have a CCW permit. Let's hope the override vote gets the same support as when it passed and we'll have Constitutional Carry

[@AKJames762]

RsMO 21.750 subsection 3 subdivision 2 states that you can openly carry a firearm even where it is prohibited to do so but you must have a valid CC Permit and it must be on your person. I believe the bill you are referring to that has been vetoed is SB656 and you are correct, it has been. MO congress will hold a veto session in September to hold a vote in an attempt to override the veto on that bill as well as a few others. I'm also hoping SB656 passes. Not only for Constitutional Carry but also for Stand Your Ground (removing duty to retreat outside of the home from MOs self defense statute). Thanks for watching!

[@AKJames762]

+Mark Bless prohibited by ordinance**

[@mjbl3974]

I stand corrected. The preemption statute 21.750 does indeed read the way you say. Also, my confusion about SB656. The SB656 you are referring to was enacted in 2014 after veto override. The current SB656 is still awaiting that honor. Shame on me. I used to be a paralegal for a prosecutor's office and am familiar with reading the law. Embarrassing.

[@AKJames762]

+Mark Bless No biggie, I got confused about the 656 thing too when it first came out lol.

[@missourired5204]

11” X 17” with lettering no smaller than 3” must be eye level in places not allowing open or ccp. This size constitutes/is equal to being told its not allowed.

[@EdUSAF]

Fine Vid and info, I was wondering if I come to Missouri from Illinois, with My conceal carry permit from Illinois, would this possibly pertain to folks from Illinois? I know Missouri recognizes Illinois CCP, Thanks for any info!

[@AKJames762]

As far as I know, if MO recognizes your state's permit, as long as you follow all applicable MO laws there will be no issues. So if you open carry here and someone ignorant to gun laws calls the police and you provide your permit, logic (logic for us anyway lol) would say there's nothing that can be done to you according to MO statute unless there is reasonable suspicion that you have committed a crime. However, the reverse is a different story; Illinois does not honor MOs carry permit.

[@EdUSAF]

Awesome! Thanks for the response, I will also do some more research! Take Care

[@AKJames762]

+Ed USAF No problem! Thanks for watching! Also, with your IL permit you can also concealed carry anywhere in the state of MO that is not already restricted (govt buildings, post offices, schools etc) but I'm sure you already knew that lol.

[@matthewlee9728]

@@AKJames762 love missouri but we need to get the law like it is in kentucky there open carry anywhere you have alegal right to be is an absolute right if you can posess it you can carry it whith the exception of a few banned places even city buildings not on the prohibited list under state law can not ban open carry for anyone in legal posession of those firearms as well as kentuckys permit bypassses the background cherck when purchasing firearms and yes i like missouri very much but we could do even better on gun rights

[@robertortiz8540]

@AKJamrs762, I hear what you’re saying the law does not apply to convicted felons but it still is not going to stop the criminals from carrying openly.

[@AKJames762]

No law will, criminals will continue to disregard laws because that's what they do when it serves their purposes.

[@robertortiz8540]

That’s why I probably will have to run the person right on the spot

[@truthloveandhonor]

Hey bud, what about the outer areas of st louis county. Such as st peters and st charles county? These are not included in st louis county? Seeing as st peters is belonging to st charles county? Can you please get back to me? I am just wanting to carry a simple Glock 26 in an outer serpa holster from time to time. Sorry to bug you if I am. I just want to be sure. I have read and read and just want all the knowledge I can get

[@AKJames762]

Not a problem at all, I'm glad to help. I would look into the ordinances for St. Peters and St. Charles or maybe speak with local police to be sure. I know in my area there are ordinances on the books prohibiting open carry but the officers I have spoken to said they are rarely enforced (also if you have a carry permit you are not bound by local ordinance and can open carry even where its prohibited). If you have your carry permit you can open carry anywhere in MO except places that already disallow it such as schools, government buildings, post offices etc, just as with concealed carry. I have looked up several cities/towns that I travel to/through (St. Louis county and Jefferson county) and it seems all of them have ordinances prohibiting open carry but I personally have never been stopped once. So to summarize, if you have your carry permit you have nothing to worry about if you're stopped, if you don't you may want to check with local authorities but you'll still probably be fine since MO is considered an open carry state and there is no legislative preemption for open carry. Keep in mind I'm not an attorney and this is not legal advice, just my understanding of the law.

[@AKJames762]

P.S. I'm similar when it comes to certain things that I want to find out everything I can. I did tons of research looking into the state statutes as well as local ordinances before I started to open carry. I open carry every day and have people who thinks its the coolest thing ever and want to talk guns with me and I have people that get weirded out and take off or get scared for some reason but never had any problems with police or anything. My advice is to do what you're doing and make sure you know your rights and the laws so you don't run into legal issues that could have been avoided. If you feel my advice was insufficient please seek a second opinion. Good luck and stay safe.

[@jermainedean7594]

AKJames762 I'm watching this video cause I'm 18 and love flipping my balisongs and I have been practicing for a very long time. now I want to start taking my knives to different places ( trainers in public) and my family says I'm an idiot for doing so cause trainers look real and the real ones are illegal and I could get arrested or even shot. however. I find that the law says balisongs are perfectly fine for open carry. but no conceal carry. so in theory. I should be able to openly practice my balisong tricks in public ( away from other people of course) without fear of getting slapped with charges like. owning illegal deadly weapon. or endangering the public. right? cause I'm sure my family are a bunch of ignorant cowards who think they're always end right but I want to make sure before I defy them and end up in jail over a stupid knife.

[@travfromthelou]

Nice video man really informative!

[@mickeywinstead8223]

why would you open carry with a ccw

[@williamgosvener47]

I could see it, sometimes it's too hot to wear a coat or long pants. I can not confirm or deny who or why someone or anyone does or does not own, possess, or carry, any firearm or CCW/L

[@farmerjon360]

what about non-residents who wish to travel through or visit the state of Missouri? can we open carry and have a pistol in our vehicles?

[@matthewlee9728]

my understanding is that yes as long as your in legal posession of the firearms

[@claytonroberts344]

They are infringing on your 2nd amendment right if they say You have to have a ccw to open carry in there city or town.

[@AKJames762]

Requiring an additional background check and fee just to be able to carry a firearm you've already paid for and been screened for (carry permit) is an infringement in and of itself.

[@johnchase4408]

That was before when you needed a permit to conceal carry. You no longer need a conceal carry permit, sonow you can open carry without said conceal carry permit. Ie, no permits required for open or conceal carry anymore.

[@AKJames762]

No permit has ever been required for open carry in MO except for certain areas but you are correct, MO has been a Constitutional Carry state for a couple years now.

[@gorkon1971]

The question I have with all of that is this: the 2nd amendment acknowledges the right of the people to keep and bear arms. There is case law stating that you cannot convert a right into a crime. What the state legislature did, is they in effect converted the right of the people to keep and bear arms into something that you must carry a permit in order to exercise that, for fear that this subdivision or that subdivision of the state govt has such a law prohibiting open carry. If you don't present that document upon demand of the officer, you may be arrested. The fact that you must present a document violates the spirit of the 4th amendment, and possibly the 5th amendment. What happens is that the right of people to keep and bear arms is converted, through separate steps into a crime, if you don't jump through their hoops. And at any point along the way, some schmuck with a shingle and a certificate can deem you as mentally unfit and take away said "right" without adjudication. You have to sue to get it back, if that is even possible, and since the lawsuit to retain your rights would be a direct affront to the community of "professionals" engaged in the practice of psychology/psychiatry and not just the lone professional the odds at that point of retaining your rights would be low. It is interesting to see how people bend and contort things just to deny others certain rights that they may deem as not in their best interests.

[@AKJames762]

+gorkon1971 I agree with what you are saying, never thought about it in that context. But there was nothing in this video regarding mental illness, being mentally unfit, adjudication, psychology or psychiatry so that part was a little confusing lol.

[@gorkon1971]

+AKJames762, Thank god there wasn't, although it would be one more instance of overreach. In fact, it seems a "go to" reason that is difficult to overcome once the label has been attached. In many of these and other videos, you see the cop asking after someone's welfare, which seems "nice" but in all cases, they are building a case for caging someone.

[@maxmackenzie4120]

because we are a shit hole on the planet! and need nuked by some one that can........... God bless north north Korea threatens us with nuclear war

[@AKJames762]

max mackenzie oh shit! better watch out so you don't cut someone with all that edge!

[@stephanielove2847]

@AKJames762 Are these still current? I live in KC and wish to open carry, Last time I checked there was ordinance prohibiting OC. So if this is still current I can open carry if I have a valid CCW? Thanks for your work on this topic.

[@AKJames762]

As far as I'm aware nothing has changed since I put this video up. I try to stay current on firearms bills in the state legislature. I'm not an attorney or anything so this isn't legal advise, I encourage everyone to verify themselves by speaking to sheriff's offices or researching themselves. Stay safe out there.

[@williamvan909]

where can someone get a copy of this ruling ???

[@AKJames762]

It's not a ruling. Read the video description please. You can look up the MO statute with the link I've provided

[@ginatitnaw7786]

The 1945 MO. constitution is the valid one and it states: Art. I, § 23. Right to keep and bear arms, ammunition, and certain accessories--exception--rights to be unalienable - That the right of every citizen to keep and bear arms, ammunition, and accessories typical to the normal function of such arms, in defense of his home, person, family and property, or when lawfully summoned in aid of the civil power, shall not be questioned.  The rights guaranteed by this section shall be unalienable.  Any restriction on these rights shall be subject to strict scrutiny and the state of Missouri shall be obligated to uphold these rights and shall under no circumstances decline to protect against their infringement.  Nothing in this section shall be construed to prevent the general assembly from enacting general laws which limit the rights of convicted violent felons or those adjudicated by a court to be a danger to self or others as result of a mental disorder or mental infirmity. So without due process, the right to bear arms "shall not be questioned" and " the state of Missouri shall be obligated to uphold these rights and shall under no circumstances decline to protect against their infringement". So, how can a town pass an ordinance that infringes on a right, that the State and People clearly states they can not. As far as I'm, concern the ordinance must only apply to the official that swear an oath to abide. Government employees that fail their oath to protect and defend the constitution should be removed from office and sued under 18 U.S. Code § 241 - Conspiracy against rights. I guess if the city passed a law stating you have to join the Muslim faith, or to stand on your head every day for 10 minutes, you would be on your head.

[@AKJames762]

Gina Titnaw Well I can't answer how a municipality can pass an ordinance going against the state constitution, you'd have to ask the governing bodies of those areas. As for that exerpt you quoted, you stated it's from the MO constitution from 1945. I'm sure there have been many things changed in the past 72+ years. As for your sarcasm, go fuck yourself.

[@ginatitnaw7786]

No, I used the 1945 Constitution because it is the only one approved/valid. I didn't mean to hurt your feelings, just wanted people to understand, government is always trying to infringe or rights, it's up to us to object. BTW I just look at your other posts, "Don't Tread on Me" flag? Maybe it's time you put some big boy pants on an object to tyranny.

[@andrewwindsor2287]

State parks in MO are cool too open carry ar pistol ???

[@AKJames762]

Probably but since its state property maybe not. I'd definitely double check with dept of conservation

[@andrewwindsor2287]

@@AKJames762 I was gonna do that anyway cause you know people !

[@patmccrady6063]

How are long guns addressed as far as open carry in Missouri?

[@grantgillum8768]

Same as handguns.

[@Floppyoneactual]

I was skeptical when I began this video because so many people THINK they know what the law says in Missouri. You are spot on woth your info though! Great job! I live in the Pacific/Eureka area if u would ever like to organize an event or get lunch. I have done some stuff with some folks from forum(dot)opencarry(dot)org but found the majority of them to be either sissys or arrogant. met one or two decent folks though.

[@AKJames762]

I never understood the whole "look at me I have a gun" mentality even open carrying. It's not an accomplishment, it's a constitutional right and a means of self defense. I would like to think I'm not arrogant at all. I'm glad you stuck around to watch, a lot of people underestimate my knowledge of MO law and when challenged I provide a link to MO statute and say "here look it up and tell me how you interpret it." That usually shuts them up. Laziness I'm assuming. Anyway thanks for watching!

[@zpicturetaker]

so what about now with constitutional carry can you open carry anywhere without a permit starting jan 1st 2017?

[@AKJames762]

Open carry without a permit is already legal in certain parts of MO. SB656 does not change or add anything with Open Carry. As for the effective date of SB656, I've heard conflicting reports. People online are saying Jan 1st although I read in the bill that only one provision of it does not take effect until then. The bill was passed with an "emergency clause." I looked into that as it pertains to legislation in MO and that means when the bill is finally passed, it goes into effect within 90 days (which would be Dec 15th at the latest). Also 2 local news outlets have reported that SB656 will go into effect in 30 days. So I supposed we shall see.

[@zpicturetaker]

ok thanks. i was talking to county and they said they have info that it doesn't really go into affect mid jan so i guess everyone has diffrent info.

[@AKJames762]

i hate that kind of thing. put the effective date in the bill and go with it, stop changing it. There needs to be communication and everyone needs to know whats going on from law enforcement to the people.

[@zpicturetaker]

i agree ive told people a month from now jan 1st and mid jan so im just going to shut up until enough people tell me one fate so im not lookin like an ass.

[@AKJames762]

Lol, right. I would assume this late in the year they may as well wait til Jan 1st but since the bill said emergency clause that's the only reason I thought differently.

[@santossalazar5460]

Explaine new Mexico gun law

[@joecarriker5390]

dont listen to a person who boast about being a ranger .

[@AKJames762]

LOL

[@joecarriker5390]

+AKJames762 cause I didn't know shit about it until I watched this video, and it has been one hundred percent helpful, and if somebody dislikes it there an idiot, also that guy was probably a leg ranger not a battalion ranger

[@AKJames762]

+Joe Carriker Yea I'm not sure what his deal was. Also, I'm glad this video helped you out! I'm glad you got something out of it. I try to make sure when I go over law that I am able to interpret and convey it correctly and in an understandable way.

[@AngelSilverFourtySeven]

I'm backkkkk!! Woot woot

[@garrylafferty100]

There are the biggest city's in Missouri that don't allow open carry

[@jos_meid]

unless you have a ccw

[@AKJames762]

THANK YOU. Jeez.. Can't tell you how many people I try to inform that can't get that thru their heads.

[@randyames8999]

Good luck arguing your point with law enforcement

[@AKJames762]

Not sure I understand what you mean...? I've openly carried in front of and around police officers dozens of times and have never encountered a problem. I carry everywhere, every day..

[@lawrencelaforest6545]

@@AKJames762 you never been to st. Louis and the Gestapo

[@AKJames762]

@@lawrencelaforest6545 I was born and raised in st louis. I've been to/in st louis literally hundreds if not thousands of times.