Constitutional Carry Missouri
Constitutional carry, also known as permitless carry, is a legal framework that allows individuals to carry firearms without the need for a concealed carry license or a background check in Missouri. This article explores the regulations surrounding constitutional carry in the state, the minimum age requirement, and the process for obtaining a concealed carry license. Additionally, we will delve into the locations where firearms are prohibited, the purchasing process for firearms, and the requirements for obtaining a concealed carry permit. Let’s dive into the details of Missouri’s gun laws and how they impact gun owners in the state.
The Concept of Constitutional Carry
In Missouri, individuals who are 19 years old or older have the right to openly carry or conceal carry a firearm without the necessity of obtaining a concealed carry license. This constitutional carry provision applies to both residents and non-residents. However, it is essential to understand that local ordinances might require a concealed carry license for firearm possession in government-owned or controlled areas.
Obtaining a Concealed Carry License
While constitutional carry allows individuals to carry firearms without a license, those who wish to acquire a concealed carry permit can apply for one in Missouri. The minimum age for residents to apply for a concealed carry license is 19 years old, and members of the military must be at least 18 years old. The application process includes a firearm proficiency test, and fingerprints and NICS checks are done at the state level. Once approved, the county sheriff has up to three days to issue the concealed carry license.
Types of Concealed Carry Permits
Missouri offers several types of concealed carry permits. The standard concealed carry license is valid for five years, after which it can be renewed for another five years. Additionally, there are extended concealed carry permits that can be valid for a decade, 25 years, or even a lifetime, based on the applicant’s preference. The state must provide a detailed explanation if an application is denied, and the applicant can appeal if necessary.
Privacy of Concealed Carry License Information
The status of an individual’s concealed carry license in Missouri is considered private information and cannot be disclosed to private organizations or the state and federal government. The only circumstance under which the status can be disclosed is if the permit holder is involved in a criminal investigation or arrested for a crime. Local sheriffs may access concealed carry license information for administrative purposes only.
Places Where Firearms are Prohibited
While Missouri allows constitutional carry, there are specific places where individuals are prohibited from possessing firearms. These include:
- School Facilities: Firearms are not allowed within elementary schools, secondary schools, and colleges, except with the school’s consent.
- Children Care Buildings or Daycare Centers: Concealed carry is prohibited in these facilities.
- State Law Enforcement Agency Premises: Firearms are not allowed within buildings or facilities used by state law enforcement agencies.
- Polling Units: Concealed carry is not permitted during elections or within 25 feet of polling units.
- Correctional Facilities: Firearms are prohibited within prisons, jails, or other state correctional facilities.
- Courthouses: Firearms are not allowed in courtrooms, administrative offices, and libraries.
- Government Buildings and Properties: Firearms are prohibited in buildings or properties owned, rented, or leased by the state, counties, or municipalities.
- Gambling Houses: Concealed carry is not permitted in gambling establishments accessible to the public.
- Airports: Firearms are not allowed in certain areas of airports under the control of inspection officers.
- Places of Worship: Firearms are not allowed in churches or worship areas without permission, except within the parking area.
- Privately Owned Buildings: Concealed carry is not permitted in privately owned buildings or properties displaying a prohibition sign.
- Stadiums and Arenas: Firearms are not allowed in stadiums or arenas with a holding capacity of over fifty thousand people.
- Hospitals and Health Centers: Concealed carry is prohibited in general hospitals and health centers.
- Public Transportation Vehicles: Firearms are not allowed in vehicles meant for public transportation.
- Metro Trains: Concealed carry is not permitted on metro trains.
- Areas Restricted by Federal Laws: Concealed carry is not allowed in areas prohibited by federal laws.
Purchasing Firearms in Missouri
In Missouri, individuals are not required to obtain a permit to purchase firearms such as handguns, rifles, and shotguns. Residents of the state can purchase firearms within Missouri or in other states, provided they adhere to all applicable state and federal laws. Additionally, non-residents from other states can purchase firearms in Missouri, as long as they comply with the state’s regulations.
Firearms Sales Regulations
Selling, lending, or giving a firearm to someone who is not lawfully eligible to possess one is a felony offense in Missouri. It is also illegal to sell firearms to individuals under the age of 18 without the consent of a guardian or parent. Providing falsified documents or information to deceive a licensed or private seller into selling a firearm is another felony crime in the state.
Licensed firearm dealers must follow federal and state laws and sell firearms and ammunition only to individuals who meet all requirements for firearm purchase. Dealers are permitted to refuse sales based on reasonable concerns, but such concerns must not be based on religion, race, or gender.
Requirements for Concealed Carry License Application
To apply for a concealed carry license in Missouri, applicants must meet certain requirements, including:
- Minimum Age: Applicants must be at least 21 years old, or 18 years old if a member of the United States Armed Forces.
- Felony Convictions: Applicants must not have any felony convictions without state or federal pardon.
- Physical Ability: Applicants must not have any physical disability or deformity that hinders the safe handling of a firearm.
- Misdemeanor Convictions: Applicants must not have been convicted of a misdemeanor for violence within the last three years.
- Mental Health: Applicants must not be mentally impaired or have applied for a concealed carry permit within the last five years of gaining mental capacity.
- Psychiatric History: Applicants must not have been a patient in any psychiatric home or mental institution for mental instability unless they have a certificate from a doctor stating otherwise.
- Substance Abuse: Applicants must not be narcotic, drug abusers, or users of illicit substances under the control of the Drug Enforcement Agency.
- Criminal Warrants: Applicants must not be fugitives or have any arrest warrants in their name.
- Probation Terms: Applicants must not be guilty of any felony case until three years after completing their probation term.
- Federal Laws: Applicants must meet all federal laws pertaining to concealed carry permit applications.
Preemption Gun Law in Missouri
Missouri has a preemption gun law, which means that municipalities, counties, and cities are prohibited from enacting their own firearm and ammunition regulations. This ensures that permitless carry laws are uniform across the entire state.
Missouri’s constitutional carry law provides individuals with the freedom to carry firearms without the need for a concealed carry license or background checks. While constitutional carry is permissible, individuals can still opt to obtain a concealed carry permit for added convenience and reciprocity with other states. Understanding the various restrictions and regulations surrounding firearm possession is crucial for responsible gun ownership. Whether you choose to exercise your constitutional carry rights or apply for a concealed carry license, adhering to the state’s gun laws is essential for ensuring public safety.
Can I carry a firearm in Missouri without a concealed carry license?
Yes, Missouri has constitutional carry, allowing individuals 19 years or older to carry firearms openly or concealed without a permit.
How old do I need to be to apply for a concealed carry license in Missouri? Residents must be 19 years old, while members of the military must be at least 18 years old to apply for a concealed carry license.
Is there a grace period for providing required documents if my concealed carry license application is denied?
Yes, applicants have 30 days to provide the necessary documents if their concealed carry license application is denied due to documentation issues.
Can I carry a firearm in places of worship in Missouri?
Generally, concealed carry is prohibited in churches or worship areas without permission, except within the parking area.
Can non-residents purchase firearms in Missouri?
Yes, non-residents from other states can purchase firearms in Missouri as long as they meet state and federal regulations.