Missouri Open Carry: Laws, Requirements, Application & Online Training
Missouri is a state that upholds the Second Amendment rights of its citizens, allowing the possession and usage of firearms in its jurisdictions. It is considered a permitless carry state, meaning you do not need a permit to openly carry a firearm in most places.
However, before exercising this right, it is essential to be well-versed in the state’s gun laws related to open carry to ensure compliance and responsible gun ownership. This article will provide an overview of Missouri’s gun laws, covering both permitless carry and open carry regulations.
Introduction
The right to bear arms is protected by the U.S. Constitution, and Missouri is known for being a pro-Second Amendment state. It allows both permitless carry and concealed carry, but let’s delve deeper into the regulations for open carry.
Missouri Gun Laws Summary
Missouri issues concealed carry permits for the use of firearms within the state. The application process is handled at the local level by the office of the sheriff. The state operates under a “shall-issue” policy, meaning as long as you meet all the requirements, your application should be approved without issue.
It’s important to note that Missouri does not issue a separate permit for purchasing a firearm. However, you must undergo a background check when buying from a private dealer.
To be eligible for a concealed carry permit, you must be a nineteen-year-old resident or an eighteen-year-old military member posted in the state.
Concealed Carry Permits
While Missouri allows permitless carry, obtaining a concealed carry permit is still beneficial in certain situations. Some municipalities might require a concealed carry permit for carrying concealed weapons within their jurisdictions. Having a permit may also expedite firearm purchases and may provide reciprocity with other states.
Is It Legal To Open Carry In Missouri?
Yes, open carry is legal in Missouri without the need for a permit. As long as you are at least eighteen years old without any state prohibition to possess firearms, you qualify for open carry.
Open Carry Laws In Missouri
Types of Firearms Allowed
While open carry is generally permitted, the state does have restrictions on the types of firearms that can be carried openly. Specifically, assault weapons are not allowed, and possession, sale, or manufacture of such weapons is considered a felony.
Quick View of Open Carry Laws
Here’s a quick overview of some important open carry laws in Missouri:
| Law/Policy | Long Guns | Handguns | Comments |
|---|---|---|---|
| State permit for open carry. | No | No | No license is required to open carry in Missouri according to state gun laws. |
| Firearm registrations for open carry. | No | No | There are no state requirements to register handguns, long guns, or any other firearms. |
| Assault weapon for open carry. | No | No | Missouri prohibits assault weapons, including their sale, possession, and manufacture. |
| Magazine limit | No | No | Missouri adopts a castle doctrine policy, allowing stand-your-ground rights in certain situations. |
| License for the owner of a firearm. | Not required | Not required | No special license is issued to firearms owners in the state. |
| Red flag law | No | No | Missouri does not have any red flag law to issue protection or restriction orders. |
| Castle doctrine law | Yes | Yes | Missouri adopts castle doctrine policy, allowing stand-your-ground rights in certain situations. |
| Background check for private dealers | No | No | Private dealers are not obligated to perform criminal record background checks. |
| Preemption | Yes | Yes | Missouri has preemption laws that supersede local regulations, though municipalities still have some control. |
| Concealed carry permit. | Yes | Yes | While not mandatory by state law, a concealed carry permit may be required by some municipalities. |
| Concealed carry in personal vehicle | Yes | Yes | Concealed carry is allowed in personal vehicles, with the firearm out of public view. |
| Open carry in schools | No | No | Open carry is prohibited in schools, colleges, universities, and other educational institutions. |
Where Is It Legal To Open Carry In Missouri?
You can open carry in the following areas of Missouri:
- Restaurants and bars: Open carry is allowed only in the restaurant area where firearm possession is not prohibited.
- Personal vehicle: You can open carry in your car with the firearm in view.
- Roadside areas: Open carry is permitted in roadside areas.
- State parks, forests, and wildlife management areas: Open carry is allowed in these places in Missouri.
Where Is It Illegal To Open Carry In Missouri?
Missouri gun laws prohibit open carry in the following places:
- Schools: Open carry is not allowed on the premises of elementary and secondary schools or any facility used by a school without consent from the school management.
- Daycare facilities: Open carry is prohibited in daycare or any facility used for children’s care.
- Polling units: Open carry is not allowed within twenty-five feet of a polling unit during elections.
- Prisons: Open carry is not permitted in state prisons, jails, correctional homes, or detention facilities.
- Courthouses: Open carry is not allowed on courthouse premises or during regular court proceedings.
- General state meetings: Open carry is not permitted in any state meeting.
- Bars: Open carry and firearm possession are not allowed in bars or establishments where alcohol is consumed on-site.
- Secured areas of an airport: Open carry is prohibited in any area of an airport controlled for inspection.
- Counties and municipalities buildings: Open carry is not allowed in buildings owned or controlled by local authorities.
- Fenced areas: Open carry is not allowed in fenced areas in Missouri.
- Stadiums: Open carry is not allowed in stadiums or event centers with a capacity of more than five thousand people.
- Public transport: Open carry is not allowed on public buses or Missouri metro trains.
- Areas prohibited by federal laws: Open carry is not allowed in areas prohibited by federal laws.
Relevant Open Carry Law And Legislature In Missouri
Ammunition Restriction
Missouri law prohibits the possession, use, and sale of exploding bullets in the state. Exploding bullets refer to those bullets that will be exposed upon discharging a firearm.
Preemption Laws
Missouri has preemption laws on all gun statutes, meaning that state laws supersede those of local government areas. However, local municipalities, districts, and counties can still:
- Ban the possession of firearms, open carry, and concealed carry in specific buildings, properties, or facilities.
- Request a permit for open carry, concealed carry, or handling firearms in their jurisdiction.
- Regulate the shooting of firearms within their territories.
Brandishing Of Firearms
Brandishing firearms carelessly or in a threatening manner is considered unlawful use of a firearm in Missouri. This includes deliberately brandishing firearms in a way that causes fear or intimidation to others.
Hunting While Open Carry
Open carry while hunting in Missouri is legal, and you may also open carry while bow hunting. The state has hunter protection laws that preserve hunting activity, making it illegal to interfere with hunting, trapping, and fishing.
Conclusion
Missouri’s gun laws grant its residents the freedom to openly carry firearms without the need for a permit. However, understanding the regulations and respecting the prohibited areas is crucial for responsible gun ownership. If you decide to open carry, ensure you are well informed about the laws and requirements to avoid any legal issues.
FAQs;
1- Is it legal to open carry in Missouri?
Yes, open carry is legal in Missouri without the need for a permit as long as you meet the age and eligibility requirements.
2- What types of firearms are not allowed for open carry in Missouri?
Assault weapons are not allowed for open carry in the state, and possession, sale, or manufacture of such weapons is a felony offense.
3- Can I open carry in schools and educational institutions?
No, open carry is prohibited in schools, colleges, universities, and other educational institutions in Missouri.
4- Do I need a concealed carry permit to open carry in Missouri?
No, you do not need a concealed carry permit to open carry in Missouri. Open carry is generally permitless.
5- Are there restrictions on magazine capacity for firearms in Missouri?
No, Missouri does not have any restrictions on magazine capacity or prohibitions on large capacity firearms.
6- Is Missouri a constitutional carry state 2023?
Yes, as of October 14, 2022, Missouri allows permitless concealed carry under constitutional carry laws.
7- Is permitless carry legal in Missouri?
Yes, Missouri allows concealed carry without a permit for anyone legally allowed to possess firearms, effective as of October 2022.
