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January 22, 2007

MO: Right to Open Carry

Regardless of Missouri state law prohibiting municipalities from enacting firearm ordinances that are stricter than state laws, there are a couple loop-holes that some towns have used. A new bill being introduced into the state legislature would end that practice:


Missouri's local governments would no longer be allowed to ban the open carrying of firearms or the discharge of those weapons within their boundaries under a bill introduced by Sen. Jason Crowell.

If approved, the measure would make a Cape Girardeau city ordinance against openly carrying guns unenforceable along with another provision, which is also in Jackson's city ordinances, against the discharge of firearms within city limits.

The measure is designed to provide extra legal protection to people who may be forced to use a gun for self-defense and to make sure that laws are uniform across the state, said Crowell, R-Cape Girardeau. But the measure could handicap police efforts to control gun violence, Cape Girardeau police chief Carl Kinnison said, a sentiment that was echoed by Sheldon Lineback, executive director of the Missouri Police Chiefs Association.

For many years, Missouri law has barred local governments from enacting firearms regulations that are stricter than those in state law. The two exceptions remaining after lawmakers in 2003 approved the issuance of permits allowing residents to carry concealed weapons allowed local jurisdictions to ban the open carrying of firearms and to bar people from discharging the weapons.

Events following the enactment of the concealed weapons law show that law-abiding residents who receive the permits aren't trigger-happy, Crowell said. But he can imagine a scenario where someone who uses their legally allowed weapon to protect themselves is charged under municipal ordinances with illegally discharging their gun.


Needless to say, some cops in the state are against the idea, particularly about doing away with prohibitions regarding discharging firearms. I assume the cities with such ordinances feel the population, or rather the housing density is too tight and that's not an unreasonable concern if someone living in an area of 1/4 acre lots starts plinking in their back yard and using their neighbor's as a back-stop.

I can see NO reason to prohibit open carry.

Posted by Jeff Soyer at January 22, 2007 05:15 AM
Comments

I'm trying to get a feel for how hard it would be to get Open Carry legalized here in the Gunshine State of Florida. As a CCW holder, I have to go through hoops to ensure my weapon stays hidden, often at the expense of comfort.

OC would prevent me from turning into a criminal simply for tying my shoes or reaching for the Corn Syrup on the top shelf. I'd never open carry myself, but it would sure go a long way from decriminalizing law abiding CCW holders.

Posted by: Robb Allen at January 22, 2007 09:35 AM

Washington state law permits political subdivisions the ban the discharge of firearms (a rare exception to state preemption of these matters.) HOWEVER engaging in lawful self-defense is a permitted exception to any such ban, though not every city or town takes care to mention the latter in their ordinances. (Whether the latter is a out of laziness or for worse reasons, I wouldn't care to speculate...)

Posted by: Kirk Parker at January 22, 2007 03:19 PM

Well, here in my part of Texas it is illegal to use a pellet gun (compressed air, CO2, or spring loaded - you'll shoot your eye out!) within city limits without a permit from the local chief of police, and other severe restrictions. I hope nobody else, including me, violates this law in their back yards, or the woods around our subdivision. Because that would be wrong, just wrong. And that is what I've told my son when he goes out in the woods with my CO2 pistol. Which I believe he is only carrying around. Not shooting. Because that would be wrong.

Posted by: Austin Mike at January 23, 2007 09:40 AM
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