Kara Sears
Missouri's gun laws have evolved significantly in recent years, with the state now allowing constitutional carry. This means that, as of August 28, 2021, eligible citizens who can legally possess firearms may carry a concealed weapon without a permit. However, Missouri's concealed carry laws are complex, and there are several reasons why obtaining a permit is still advisable. This introduction will discuss the key aspects of Missouri's concealed carry laws, the requirements, rights, and responsibilities of gun owners, and the ongoing evolution of the state's gun laws.
| Characteristics | Values |
|---|---|
| Open carry | Legal without a CCP for anyone 19+ who can legally possess a firearm (18 for military or honorably discharged) |
| Concealed carry | Legal without a CCP for anyone 19+ who can legally possess a firearm (18 for military or honorably discharged) |
| Concealed carry permitting system | Exists, but a permit is not required to carry concealed firearms in most places within the state |
| Concealed carry permit advantages | Reciprocity agreements with other states, smoother purchasing process, additional legal protections |
| Concealed carry restrictions | Buildings owned, leased, or controlled by the county or municipality, churches, places of worship, election precincts on election days, federal/state government buildings |
| Concealed carry permit requirements | Age 19+ (18 for military or honorably discharged), US citizenship or permanent residency, no convictions punishable by imprisonment exceeding 1 year, no history of mental incompetence, no full order of protection against the applicant |
| Firearm law | Article 1, Section 23 of the state constitution protects the right of citizens to keep and bear arms |
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What You'll Learn
Missouri's constitutional carry law
To obtain a Missouri CCP, one must be at least 19 years old (18 for members of the military or honorably discharged) and have passed a firearms training course. The application must be made in one's county of residence. Non-resident permits are only available to persons on active military duty or veterans who are at least 18 years old and stationed in Missouri. Missouri's standard concealed carry permit is valid for five years, but the state also offers lifetime" permits.
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Concealed carry permit requirements
Missouri allows individuals to carry concealed firearms without a permit, except in specified locations. However, individuals may still obtain a concealed carry permit, as it allows them to carry concealed weapons in other states that recognize Missouri's permits.
To obtain a Missouri CCP, you must be at least 19 years old (or 18 for military personnel or honorably discharged veterans) and have completed a firearms training course. Applications must be made in the applicant's county of residence. Non-resident permits are available to active-duty military personnel or veterans stationed in Missouri.
To be eligible for a Missouri concealed carry permit, applicants must meet specific requirements. They must be a citizen or permanent resident of the United States, have no convictions or pleas for a crime punishable by more than a year in prison, and not be adjudged mentally incompetent at the time of application or in the previous five years. Additionally, applicants must not present a danger to themselves or others, as documented in public records, and must not be the respondent of a valid "full order of protection."
The application process for a concealed carry permit in Missouri involves submitting a written application, signed under oath, to the local sheriff's office. The sheriff must issue the permit within three working days of approving the application. Missouri's standard concealed carry permit is valid for five years, but the state also offers "lifetime" permits.
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Concealed carry restrictions
Missouri's gun laws allow for both open and concealed carry without a permit for anyone 19 years or older who can legally possess a firearm. The minimum age is 18 for members of the military or those who have been honorably discharged. However, local authorities can restrict concealed carry in buildings owned, leased, or controlled by the county or municipality, and a permit may be required for open carry in these areas.
Missouri's laws do not explicitly state that a permit is unnecessary for carrying a concealed weapon. Instead, they redefined the "unlawful use of a weapon" to include carrying a weapon into a place that is off-limits. Missouri's permitting system is still in place, and individuals may prefer to obtain a permit as this allows them to carry concealed weapons in other states that recognise Missouri's permits.
To obtain a Missouri CCP, applicants must be at least 19 years old (or 18 for military personnel or honourably discharged veterans) and have completed a firearms training course. Applicants must also be US citizens or permanent residents, not have a history of violent crime or mental health issues, and not be the respondent of a valid "full order of protection".
There are several locations where concealed carry is prohibited in Missouri, even with a permit. These include courthouses, public passenger buses and trains, churches or places of worship, election precincts on election days, federal or state government buildings, school buses, and school-sanctioned events or activities.
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Open carry laws
Missouri does not have a specific law prohibiting the open carrying of firearms. However, there are certain restrictions and conditions in place for individuals who choose to open carry in the state.
Firstly, while there is no legal age restriction on open carrying firearms in Missouri, federal law does impose age limits on the possession of handguns. Long guns, on the other hand, are not subject to the same restrictions. In addition, children can only open carry under the supervision of an adult. For individuals who are 19 years of age or older and can legally possess a firearm, open carry is permitted without a Concealed Carry Permit (CCP). Members of the military or those who have been honorably discharged are also allowed to open carry without a CCP at the age of 18.
It is important to note that local authorities in Missouri have the power to restrict open carry in certain areas. These include buildings owned, leased, or controlled by the county or municipality. In such cases, a CCP may be required for open carry. Additionally, Missouri law prohibits exhibiting or displaying any weapon capable of lethal use in an angry or threatening manner, unless it is in necessary self-defense.
While Missouri does not require a permit for open carry, individuals may still choose to obtain a CCP. This is because a CCP from Missouri is recognized in some other states, allowing permit holders to carry concealed weapons when travelling out of state. The requirements for obtaining a CCP in Missouri include being at least 19 years old (18 for military personnel or honorably discharged individuals), passing a firearms training course, and applying in the county of residence.
It is worth mentioning that Missouri's laws on open carry and concealed carry have undergone changes in recent years. In 2016, the state legislators overrode the governor's veto to enact SB 656, which repealed a state law that generally prohibited individuals without a permit from carrying concealed firearms. This made it legal for individuals without a CCP to carry concealed firearms throughout the state, except in specified locations such as churches, election precincts, and federal or state government buildings.
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Self-defence laws
Missouri's self-defence laws allow individuals to protect themselves and their property while setting strict boundaries to prevent the misuse of force. The state has adopted a “Stand Your Ground” law, which allows individuals to use force, including deadly force, to defend themselves without a legal obligation to retreat, as long as they reasonably believe that such force is necessary to prevent imminent harm. This applies to when they are in their dwelling, vehicle, or in a location they have a right to be.
Missouri also incorporates the Castle Doctrine, which allows homeowners and occupants to use deadly force against intruders who unlawfully enter their residence or occupied vehicle. This doctrine essentially extends the self-defence rights to protect one's home and personal space. However, it is crucial to note that the use of force must still be reasonable and justifiable under the circumstances. Lethal force may be used only if one reasonably believes that the intruder will use unlawful force against them, and they believe it is necessary to protect themselves or someone else.
While Missouri law generally follows a "Stand Your Ground" philosophy, it does maintain a duty to retreat in certain situations. This duty to retreat applies when a person is outside their home, vehicle, private property, or place they have a right to be, and they could safely avoid the threat by retreating or withdrawing from the situation. This could mean de-escalating the situation or leaving the area of potential conflict.
Missouri's self-defence laws also provide that an initial aggressor is not justified in using physical force to defend themselves from the counterattack that they provoked. However, an individual who is the initial aggressor can regain the privilege of self-defence if they withdraw from the encounter and clearly indicate their desire to end the conflict. If the other person persists in continuing the conflict by threatening to use or by using lawful force, the first person is no longer the initial aggressor and can lawfully use force to defend themselves.
In Missouri, the defendant has the burden of injecting the issue of self-defence. Once the judge determines that self-defence is an issue in the case, the state then has the burden of proving beyond a reasonable doubt that the defendant did not act in lawful self-defence.
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Frequently asked questions
Yes, Missouri's Constitutional Carry Law went into effect on January 1, 2017.
This law allows citizens who can legally possess firearms to carry a weapon openly or concealed without a CCW permit.
Missouri residents who are 19 years or older can carry a firearm. Members of the military or those honorably discharged are eligible from the age of 18.
Yes, you cannot carry a concealed firearm into a place of worship, an election precinct on election day, or any building owned or occupied by a government agency. You also cannot carry a concealed firearm inside an establishment where more than 51% of their revenue comes from alcohol sales.
No, a permit is not required to carry a concealed firearm in Missouri. However, obtaining a concealed carry permit may be beneficial as it allows you to carry concealed weapons in other states that recognize Missouri's permits.
