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Missouri Gun Laws

Friday, April 24, 2020

STATE CONSTITUTIONAL PROVISION - Article 1, Section 23.

“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."

Gun Laws Overview

RIFLES & SHOTGUNS HANDGUNS
Permit to Purchase No No
Registration of Firearms No No
Licensing of Owners No No
Permit to Carry No No Permit Required*

* Permit to Carry Handguns Note: No permit is necessary to carry a concealed handgun if the person is at least 19 years of age or eighteen years of age and a member of the United States Armed Forces, or honorably discharged from the United States Armed Forces, and is not otherwise prohibited from carrying a firearm.

The list and map below are included as a tool to assist you in validating your information.  We have made every effort to report the information correctly, however reciprocity and recognition agreements are subject to frequent change.  The information is not intended as legal advice or a restatement of law and does not include:  restrictions that may be placed on non-resident permits, individuals under the age of 21, qualifying permit classes, and/or any other factor which may limit reciprocity and/or recognition. For any particular situation, a licensed local attorney must be consulted for an accurate interpretation.  YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL.

RECIPROCITY NOTES:  Wisconsin recognizes Missouri permits issued or renewed after 8/28/13; and Colorado, Florida, Maine, Michigan, New Hampshire, Pennsylvania and South Carolina recognize Missouri RESIDENT permits ONLY. The license holder must be at least 21 in many states - Alaska, Arizona, Colorado, Florida, Kansas, Louisiana, Nebraska, New Mexico, Pennsylvania, South Carolina, Texas, Virginia and Wisconsin.

STATE STATUS
Castle Doctrine Enacted
No-Net Loss Enacted
Right To Carry Confidentiality Provisions Enacted
Right To Carry in Restaurants Partial Ban
Right To Carry Laws No Permit Required
Right To Carry Reciprocity and Recognition Outright Recognition
Right To Keep & Bear Arms State Constitutional Provisions With Provisions

Right-to-Carry Laws Note: It is not unlawful to carry a concealed handgun if the person is at least 19 years of age or 18 years of age or older and a member of the United States Armed Forces, or honorably discharged from the United States Armed Forces, and is not otherwise prohibited from carrying a firearm. (The 2016 law, SB 656, changing the conceal carry requirements leaves intact the conceal carry permitting system for persons who wish to participate in reciprocal concealed carry permit agreements when traveling to other states.)

Concealed Carry Reciprocity
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Laws on Purchase, Possession and Carrying of Firearms

Antiques

Antique firearms are defined as any firearm not designed or redesigned for using rimfire or conventional centerfire ignition with fixed ammunition and manufactured in or before 1898, with said ammunition not being manufactured any longer; this includes any matchlock, wheel lock, flintlock, percussion cap or similar type ignition system, or replica thereof. Mo. Rev. Stat. § 571.010.1(a). 

The state law on possession of firearms by prohibited persons does not apply to “antique firearms.” Mo. Rev. Stat. § 571.070.3.   

Possession

There are no state licensing requirements for the possession of a rifle, shotgun or handgun.

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State law prohibits the knowing possession of a firearm by:

  • Anyone convicted of a felony in Missouri, or of a crime in any other jurisdiction that would be a felony if committed in Missouri.
  • A fugitive from justice.
  • Any person “habitually in an intoxicated or drugged condition.”
  • Anyone “currently adjudged mentally incompetent.”

"Firearm," as used in this law, does not include an “antique firearm.” Mo. Rev. Stat. § 571.070. Antique firearms are any firearm not designed or redesigned for using rimfire or conventional centerfire ignition with fixed ammunition and manufactured in or before 1898, with said ammunition not being manufactured any longer; this includes any matchlock, wheel lock, flintlock, percussion cap or similar type ignition system, or replica thereof. Mo. Rev. Stat. § 571.010.1(a).

It is a crime for an intoxicated person to possess or carry a loaded firearm or projectile weapon (bow, crossbow, pellet gun, slingshot or other weapon that is not a firearm, capable of expelling a projectile that could inflict serious physical injury or death) readily capable of lethal use, where (1) the person handles or otherwise uses such firearm or projectile weapon in a negligent or unlawful manner, or (2) discharges the firearm or projectile weapon, unless acting in self-defense. Mo. Rev. Stat. § 571.030.1(5).

It is a crime to possess a firearm while also knowingly possessing a controlled substance of a type or amount that constitutes a felony violation of Mo. Rev. Stat. § 579.015. Mo. Rev. Stat. § 571.030.1(11).

It is a misdemeanor crime to knowingly possess a firearm where the manufacturer’s or importer’s serial number or any other distinguishing number or identification mark has been altered or destroyed. Mo. Rev. Stat. §§ 571.050, 571.010.1(5) (definition).

It is a felony crime to knowingly possess, manufacture, transport, repair, or sell any of the following in violation of federal law: a machine gun, a short-barreled rifle or shotgun, or a firearm silencer. Mo. Rev. Stat. § 571.020.1(6).

A state employee may possess a firearm in the employee’s own vehicle while on property owned or leased by the state and while the state employee is conducting activities within the scope of his or her employment, provided that the vehicle is locked and the firearm is not visible. “State employee” means an employee of the executive, legislative, or judicial branch of the government of the state of Missouri. Mo. Rev. Stat. § 571.030.6.

Housing authorities (including any landlord receiving public funds from a housing authority) are not permitted to prohibit a lessee or a member of the lessee’s immediate household or guest from personally possessing firearms within an individual residence, common areas, or from carrying or transporting firearms to and from such residence in a manner allowed by law. Any provision of a lease, policy, rule, or agreement in violation of this prohibition is void and unenforceable.  Mo. Rev. Stat. §§ 571.510.1, and 571.510.2.  

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Purchase

No state permit is required for the purchase of rifles, shotguns or handguns.

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Missouri residents may purchase firearms in any state, provided that such residents conform to the applicable provisions of the federal law and the law applicable to such purchase in the State of Missouri and in the state in which the purchase is made. Mo. Rev. Stat. § 571.085.

Residents of any state may purchase firearms in Missouri, provided that the sale complies with federal law and the law applicable to such purchase in Missouri and in the state in which such persons reside. Mo. Rev. Stat. § 571.087.

It is a felony to knowingly sell, lease, loan, give away or deliver a firearm or ammunition to any person who is not lawfully entitled to possess the same. Mo. Rev. Stat. § 571.060.1(1).

It is a crime to knowingly sell, lease, loan, give away or deliver a firearm to any minor under the age of 18 years of age without the consent of the minor’s custodial parent or guardian. This does not prohibit the delivery of such weapons to any peace officer or member of the Armed Forces or National Guard while performing official duties. Mo. Rev. Stat. § 571.060.1(2).

It is a state crime to sell or transfer a handgun or handgun ammunition to a person under the age of 18 years in violation of federal law. Mo. Rev. Stat. § 571.080.

It is unlawful to recklessly sell, lease, loan, give away or deliver a firearm or ammunition to a person who is intoxicated. Mo. Rev. Stat. § 571.060.1(3).

A person commits the felony crime of fraudulent purchase of a firearm if the person himself, or by willfully procuring another to do so, either:

  • knowingly solicits, persuades, encourages or entices a licensed dealer or private seller of firearms or ammunition to transfer a firearm or ammunition under circumstances which the person knows would violate state or federal law; or
  • knowingly provides a licensed dealer or private seller of firearms or ammunition with materially false information with the intent to deceive the dealer or seller about the legality of a transfer of a firearm or ammunition.

This does not apply to criminal investigations conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), authorized agents of such investigations, or to a peace officer acting at the explicit direction of the ATF. Mo. Rev. Stat. § 571.063.

A firearms dealer licensed under federal law and who engages in the sale of firearms in Missouri cannot deny or refuse to complete the sale of a firearm to a customer where the sale is otherwise authorized by federal law, although the dealer, or its agents or employees may chose, in their individual judgment, to not complete the sale or transfer of a firearm for articulable reasons specific to that transaction, so long as those reasons are not based on the race, gender, religion, creed of the buyer. Mo. Rev. Stat. § 571.014.

No county, municipality, or other governmental body, or an agent of a county, municipality, or other governmental body, may participate in a so-called gun “buyback” (any program in which individuals are given a thing of value in exchange for surrendering a firearm to the county, municipality, or other governmental body) unless the locality has adopted a resolution, ordinance, or rule authorizing its participation and directing that any firearm received will be offered for sale or trade to a licensed firearms dealer. Any firearm remaining in the possession of the county, municipality, or governmental body after the firearm has been offered for sale or trade to at least two licensed firearms dealers may be destroyed. Mo. Rev. Stat. §571.067.

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Carrying

State law does not prohibit the open carrying of firearms, but does prohibit exhibiting “any weapon readily capable of lethal use” in an angry or threatening manner in the presence of one or more persons. Mo. Rev. Stat. § 571.030.1(4).

Pursuant to Mo. Rev. Stat. § 21.750.3(1), a county, city, town, village, municipality or other political subdivision of the state may regulate the “open carrying of firearms readily capable of lethal use.” Such ordinances cannot restrict a person in possession of a valid concealed carry endorsement or permit (from Missouri or another jurisdiction) who is open carrying a firearm, or the use of a firearm in the defense of person or property. Mo. Rev. Stat. § 21.750.3(2)(a).

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A law effective as of January 2017 (SB 656) changed the “unlawful use of a weapon” offense from carrying a concealed firearm without a valid permit to carry, to carrying a concealed firearm into places where possession of a firearm is restricted under state law. Mo. Rev. Stat. § 571.030.1(1).  No permit is now required to carry a concealed handgun although the state laws on prohibited persons (persons who cannot legally possess a firearm), minimum age, restricting carrying in certain locations, and other carry prohibitions are still in force.

The law on “unlawful use of a weapon,” Mo. Rev. Stat. § 571.030.1(1), (8) and (10), prohibits:

Carrying a concealed firearm (or any other weapon readily capable of lethal use) into any area where firearms are restricted under Mo. Rev. Stat. § 571.107. This does not apply to any person at least 19 years old (18 or older and a member of the US Armed Forces, or honorably discharged) transporting a lawfully possessed concealable firearm in the passenger compartment of a motor vehicle. It does not apply to possession of an exposed firearm or projectile weapon for the lawful pursuit of game, or possession in a person’s dwelling unit or other premises owned or controlled by the person, or anyone traveling in a continuous journey peaceably through the state.

Carrying a firearm (or any other weapon readily capable of lethal use) into any church or place of worship, or into any election precinct on any election day, or into any building owned or occupied by any government agency (federal, state or local).

Carrying a firearm, loaded or unloaded, or any other weapon readily capable of lethal use, into any school, onto any school bus, or onto the premises of any function or activity sponsored or sanctioned by school officials or the district school board. This does not apply to a lawfully possessed firearm by a person traversing school premises for the purposes of transporting a student to or from school, or possessed by an adult for the purposes of facilitation of a school-sanctioned firearm-related event or club event.

The above prohibitions also do not apply to:

Any holder of a valid concealed carry permit (or endorsement issued before August 28, 2013), or a valid permit to carry issued by another state. Mo. Rev. Stat. § 571.030.4.

Anyone transporting such weapons in a nonfunctioning state, or in an unloaded state when ammunition is not readily accessible or when such weapons are not readily accessible. Mo. Rev. Stat. § 571.030.3.

Trained peace officers, whether on duty or not, qualified retired peace officers, who carry the required identification, or any person summoned by such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer; jail and correctional officers; members of the US Armed Forces or National Guard while on duty; and persons in the other professions or occupations listed at Mo. Rev. Stat. § 571.030.2.

Additional places in which firearms are restricted under Mo. Rev. Stat. § 571.107, which applies to persons carrying with a valid permit or as allowed under the permitless carry law, include the following:

  • A police, sheriff, or highway patrol office or station without the consent of the chief law enforcement officer in charge, or any adult or juvenile detention or correctional institution, prison or jail. A firearm in a vehicle on the premises is allowed if it is not brandished or removed from the vehicle.
  • Within 25 feet of any polling place on any election day, unless the firearm is kept in a vehicle and not brandished or removed.
  • A courthouse and any place used for court offices or court business, except a firearm kept in a vehicle and not brandished or removed.
  • A meeting of a local government’s governing body or a meeting of the general assembly or a committee of the general assembly, except that a member with a valid permit may carry to a meeting of the body of which he or she is a member. Certain full-time employees of the general assembly and statewide elected officials and their employees who have a valid permit to carry may carry in the state capitol building, or at a meeting of the full body of a house of the general assembly or of a committee held in the state capitol building. A firearm in a vehicle on the premises is allowed so long as it is not brandished or removed from the vehicle.
  • The general assembly, supreme court, county or municipality may by rule, administrative regulation, or ordinance prohibit or limit the carrying of concealed firearms by permit holders by clearly posting the affected portion of a building owned, leased or controlled by that unit of government. The restriction cannot apply to any building used for public housing by private persons, highways or rest areas, firing ranges, and private dwellings owned, leased, or controlled by that unit of government.
  • Any establishment licensed to dispense intoxicating liquor for consumption on the premises, which portion is primarily devoted to that purpose, without the consent of the owner or manager. This does not prohibit the licensee. It also does not apply to a “bona fide restaurant open to the general public having dining facilities for not less than 50 persons and that receives at least 51 percent of its gross annual income from the dining facilities by the sale of food.” A firearm in a vehicle on the premises is allowed so long as it is not brandished or removed from the vehicle.
  • Any area of an airport to which access is controlled by the inspection of persons and property. A firearm in a vehicle on the premises is allowed so long as it is not brandished or removed from the vehicle.
  • Any higher education institution or elementary or secondary school facility, except (1) a teacher or administrator of an elementary or secondary school with a concealed carry permit and designated by the school district as a school protection officer, carrying a firearm in a school within that district, (2) a person with the consent of the governing body of the higher education institution or a school official or the district school board, or (3) possession of a firearm in a vehicle on the premises if the firearm is not removed from the vehicle or brandished.
  • Any portion of a building used as a child care facility without the consent of the manager, although an operator of a facility in a family home may own and possess a firearm.
  • Any riverboat gambling operation open to the public without the consent of the owner or manager (as permitted by the gaming commission). Possession of a firearm in a vehicle on the premises is allowed if the firearm is not removed from the vehicle or brandished.
  • Any gated area of an amusement park. Possession of a firearm in a vehicle on the premises is allowed so long as the firearm is not removed from the vehicle or brandished.
  • A church or other place of religious worship without the consent of the minister or authorized person, although possession of a firearm in a vehicle on the premises is allowed where the firearm is not removed from the vehicle or brandished.
  • Any sports arena or stadium with a seating capacity of at least 5,000 people, although possession of a firearm in a vehicle on the premises is allowed if the firearm is not removed from the vehicle or brandished.
  • Any hospital accessible by the public, but possession of a firearm in a vehicle on the premises is allowed if the firearm is not removed from the vehicle or brandished.
  • Any place where firearms are prohibited by federal law.
  • Private property where the owner or authorized person has posted the appropriate “no guns” signs. These apply to persons with a concealed carry permit or endorsement, including employees not authorized to carry by the employer, from carrying on the premises. Possession of a firearm in a vehicle on the premises is allowed if the firearm is not removed from the vehicle or brandished, although an employer may prohibit employees or other persons holding a concealed carry permit or endorsement from carrying in vehicles owned by the employer.

State law provides that carrying in violation by a person who has a valid carry permit or endorsement is not a criminal act but may subject the person to denial of entry to the premises or removal from the premises. A refusal to leave in such cases is grounds for a citation, and violators may have their permit or endorsement suspended or revoked. Mo. Rev. Stat. § 571.107.2.

A passenger who boards a passenger bus or coach bus for hire with a dangerous or deadly weapon concealed upon his or her person or effects commits a felony, unless he or she is a law enforcement officer or commercial security personnel, or otherwise has the consent of the owner of the bus or his agent, or of the lessee or bailee of such bus. It is a felony to possess a deadly or dangerous weapon within a bus terminal or aboard a bus. A “terminal” means a bus station or depot or any facility operated or leased by or operated on behalf of a bus transportation company, including a reasonable area immediately adjacent to any designated stop along the route traveled by any coach operated by a bus transportation company, and parking lots or parking areas adjacent to a terminal. Mo. Rev. Stat. §§ 577.703.4, 577.712 and 577.700 (definitions).

It is unlawful to carry a firearm in or on any public mass transportation facility or conveyance of the Bi-State Development Agency (including MetroBus and MetroLink) without authorization from the agency, although the rules exclude (1) firearms carried by law enforcement personnel, or (2) an unloaded rifle or shotgun “carried in any enclosed case, box or other container which completely conceals the item from view and identification as a weapon.” Mo. Rev. Stat. §§ 70.441.3(11) and 70.441.2(1) (authorization).

Missouri law makes it an offense to possess a firearm on the person while intoxicated and to handle or use such firearm in either a negligent or unlawful manner, or to discharge the firearm unless acting in self-defense. Mo. Rev. Stat. § 571.030.1(5).

State law allows a person with a valid concealed carry permit or endorsement, lawfully carrying a firearm in a concealed manner, to briefly and openly display the firearm to the ordinary sight of another person, but the permittee is prohibited from intentionally displaying the gun in an angry or threatening manner that is not in necessary self-defense. Mo. Rev. Stat. § 571.037.

A concealed carry permit authorizes the carrying of a concealed firearm on or about the applicant’s person or within a vehicle. Missouri is a “shall issue” state. Mo. Rev. Stat. §§ 571.101.1 and 571.101.2.

To apply for a concealed carry permit, the applicant has to be: at least 19 years old (or at least 18 years old and a member of the US Armed Forces or honorably discharged from the US Armed Forces), a citizen or permanent resident of the United States, and either resident in the state, or a member of the Armed Forces stationed in Missouri (or the spouse of such member of the military stationed in Missouri, provided the spouse is at least 19 years old).

A concealed carry permit cannot be issued to any person who is or has been:

  • currently charged with or convicted of or plead guilty to or entered a plea of nolo contendere (no contest) to a crime punishable by imprisonment for over one year, excluding some misdemeanor crimes that do not involve an explosive weapon, firearm, firearm silencer or gas gun;
  • convicted of or plead guilty to or entered a plea of nolo contendere (no contest) to one or more misdemeanor offenses involving crimes of violence within the last five years, or has been convicted of two or more misdemeanor offenses involving driving while under the influence of intoxicating liquor or drugs or the possession or abuse of a controlled substance in the last five years;
  • who is a fugitive from justice or has been dishonorably discharged from the US Armed Forces;
  • who has been adjudicated mentally incompetent at the time of or within five years prior to the application, or has been committed to a mental institution;
  • is subject to a full valid order of protection, still in effect; or
  • has engaged in a pattern of behavior documented in public or closed records that leads the sheriff reasonably to believe that the applicant poses a danger to self or others.

Application for a concealed carry permit is made to the sheriff of the county, or any city not within a county, in which the applicant resides. The applicant must include the fee and evidence of completion of firearms training that meets the statutory standards. The applicant will be fingerprinted and a background check done at the state and national levels. The sheriff has three working days to issue the permit after approval of the application. Once approved, an applicant must sign the permit in the presence of the sheriff or designee. Mo. Rev. Stat. §§ 571.101.2, 571.101.3, and 571.101.4.

A permit is valid from the date of issuance or renewal until five years from the last day of the month in which the permit was issued or renewed. However, at the request of an applicant, Missouri also issues permits that are valid for a period of either ten years or 25 years from the date of issuance or renewal (Missouri “extended concealed carry permit”) and a “Missouri lifetime concealed carry permit.” Mo. Rev. Stat. § 571.205.  

 

An applicant who has been denied must be notified, in writing, of the grounds for the denial and informed that he or she has the right to ask for a reconsideration by submitting, within 30 days, any additional documentation relating to the reason for the denial. After two additional reviews and denials by the sheriff, the person submitting the application may appeal the denial. Mo. Rev. Stat. § 571.101.6.

Information about a person’s status as a concealed carry permit holder is not public information, cannot be distributed to any federal, state, or private entities, and is only made available in the event the individual is a subject of interest in an active criminal investigation or is arrested for a crime. A sheriff may access the concealed carry permit system for administrative purposes. Mo. Rev. Stat. § 571.101.9.

A permit holder must carry the permit at all times the person is carrying a concealed firearm and must show the permit and a state or federal government-issued photo identification upon the request of any peace officer. Mo. Rev. Stat. §§ 571.121, 571.230.

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Machine Guns, Magazines, Ammunition, etc.

State law defines a “machine gun” as any firearm that is capable of firing more than one shot automatically, without manual reloading, by a single function of the trigger. It is a felony to knowingly possess, manufacture, transport, repair or sell a machine gun in violation of the federal law. Mo. Rev. Stat. §§ 571.010.14 (definition), 571.020.1(6).

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It is a crime to knowingly possess, manufacture, transport, repair or sell any rifle of less than 16-inch barrel length, shotgun of less than 18-inch barrel length, a rifle or shotgun of less than 26-inch overall length, a firearm silencer, or a bullet or projectile which, after having been shot from a firearm, explodes or detonates upon impact due to an independent explosive charge. Mo. Rev. Stat. §§ 571.010 (definitions of short-barrel, firearm silencer), 571.020.1(4), (6).  

It is a felony to knowingly possess, manufacture, transport, repair, or sell a “gas gun” (a gas ejection device, weapon, cartridge, container or contrivance other than a gas bomb that is designed or adapted for the purpose of ejecting any poison gas that will cause death or serious physical injury, but not any device that ejects a repellant or temporary incapacitating substance). Mo. Rev. Stat. §§ 571.010.14 (definition), 571.020.1(3).

It is a felony to use or possess a metal-penetrating bullet during the commission of a crime; “metal penetrating bullet” means a “handgun bullet or projectile of 9 mm, .25, .32, .38, .357, .41, .44, or .451 or other caliber which is comprised of a hardened core equal to the minimum of the maximum attainable hardness by solid red metal alloy which purposely reduces the normal expansion or mushrooming of the bullet’s or projectile’s shape upon impact,” but does not include any bullet or projectile composed of copper or brass jacket with lead or lead alloy cores or any bullet or projectile composed of lead or lead alloys. Mo. Rev. Stat. § 571.150.

It is a misdemeanor to recklessly sell, lease, loan, give away or deliver ammunition for a firearm to a person who is intoxicated.  Mo. Rev. Stat. § 571.060.1(3).

Missouri has no laws regulating “large capacity” magazines or “assault weapons.”

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Miscellaneous

Government records of ownership of a firearm or applications for ownership, licensing, certification, permitting, or an endorsement that allows a person to own, acquire, possess, or carry a firearm are not open public records and are not open for inspection or liable to have their contents disclosed except by order of the court to persons having a legitimate interest in the records. Mo. Rev. Stat. § 571.013.

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It is unlawful to discharge or shoot a firearm into a dwelling house, a railroad train, boat, aircraft, motor vehicle, or any building or structure used for the assembling of people, or otherwise within 100 yards of any occupied schoolhouse, courthouse, or church building, unless the person is acting in lawful self-defense. Mo. Rev. Stat. § 571.030.1(3), (6).

It is unlawful to discharge or shoot a firearm at a mark, at any object, or at random, on, along or across a public highway or discharge or shoot a firearm into any outbuilding; or to discharge or shoot a firearm at or from a motor vehicle, or at any person, or at any building or habitable structure, unless the person is acting in lawful self-defense. Mo. Rev. Stat. § 571.030.1(7), (9).

The above do not apply to law enforcement and correctional officers, members of the armed forces, and others listed in the exceptions at § 571.030.2.

It is a felony to set a spring gun (any fused, timed or non-manually controlled trap or device designed or adapted to set off an explosion for the purpose of inflicting serious physical injury or death). Mo. Rev. Stat. §§ 571.030.1(2), 571.010.19 (definition).

It is unlawful to knowingly deface a firearm or to knowingly possess a defaced firearm. Mo. Rev. Stat. §§ 571.045, 571.050.

A county, municipality, or other governmental body, or an agent of such entity, cannot participate in any gun “buyback” program (where individuals are given a thing of value in exchange for surrendering a firearm to the county, municipality, or other governmental body) unless the county, municipality, or governmental body has adopted a resolution, ordinance, or rule authorizing participation in the program and directs that any firearm received is offered for sale or trade to a licensed firearms dealer. Any firearm remaining after being offered for sale or trade to at least two licensed firearms dealers may be destroyed. The proceeds from any sale, or gains from trade, are the property of the county, municipality, or governmental body. Mo. Rev. Stat. § 571.067.

A municipality may regulate, by order or ordinance, the shooting of “pneumatic guns” within its boundaries when the municipality is, in the opinion of the governing body, “so heavily populated that such conduct is dangerous to the inhabitants.” The municipality may require supervision by a parent, guardian, or other adult supervisor who is approved by a parent or guardian of any minor below the age of 12 in all uses of pneumatic guns on public property. The ordinance may specify that minors 12 years of age or older may, with the consent of a parent or guardian, use a pneumatic gun at any place designated for such use by the local governing body or on private property with the consent of the owner. The ordinance may specify that any minor shall be responsible for obeying all laws, regulations, and restrictions governing such use, regardless of whether a parent or guardian has permitted such use. However, no such ordinance may prohibit the use of pneumatic guns at facilities approved for shooting ranges. “Pneumatic gun” is not defined.  Mo. Rev. Stat. § 571.155.

A person commits the crime of unlawful refusal to transfer by denying the sale of a firearm to an unlicensed person (a non-FFL) who is otherwise not prohibited from possessing a firearm under state or federal law, solely on the basis that the non-licensee purchased a firearm that was later the subject of a trace request by law enforcement. Mo. Rev. Stat. § 571.014.

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Restoration of Rights

Missouri has a restoration of rights procedure for persons under a mental health-based firearm disability. Gun rights lost due to a criminal conviction in Missouri may be restored.

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Firearm disability arising from mental health adjudication, commitment. State law prohibits any person who is “currently adjudged mentally incompetent” from knowingly having any firearm in his or her possession. Mo. Rev. Stat. § 571.070.1(2).

A person who is prohibited by law from possessing firearms due to a mental health adjudication or commitment that occurred in Missouri may petition the court to remove the prohibition under  Mo. Rev. Stat. § 571.092.

The petition must be filed in the circuit court with jurisdiction in the petitioner’s place of residence or in the court that entered the letters of guardianship, the most recent order for involuntary commitment or the most recent disqualifying order, whichever is later.

The petition must include certain information (e.g., the circumstances of the adjudication or commitment, the applicant’s mental health and criminal history records, if any; and any other information concerning any changes in the petitioner’s condition).

The court must schedule a hearing, and may request the local prosecuting attorney, circuit attorney, or attorney general to provide a written recommendation as to whether relief should be granted. In any order requiring such review the court may grant access to any and all mental health records, juvenile records, and criminal history of the petitioner. The court may allow presentation of evidence at the hearing if requested by the petitioner or by the local prosecuting attorney, circuit attorney, or attorney general.

A record must be kept of the proceedings. The proceedings and records are closed to the public if the petition concerns an involuntary commitment.   

The court must restore the petitioner’s firearm rights if it finds by clear and convincing evidence that the petitioner will not be likely to act in a manner dangerous to public safety and that granting the relief is not contrary to the public interest. The court must include in its order (whether a grant or denial) the specific findings of fact on which it bases its decision.

The clerk in the county where the petition was granted must forward the order to the Missouri state highway patrol for updating of the petitioner’s record with the federal NICS database. The Missouri state highway patrol must provide this update to the federal government no later than 21 days from receipt of the order.

If a petition is denied, the person may appeal the denial, and review of the denial must be on a de novo basis. Otherwise, the person must wait for one year from the date of the denial before being eligible to file another petition.

Firearm disability arising from criminal conviction. Mo. Rev. Stat. § 571.070.1(1) prohibits any person who has been convicted of a felony in Missouri, or of a crime under the laws of any state or of the United States which, if committed within Missouri, would be a felony, from knowingly having any firearm other than an “antique firearm” in his or her possession.

 

Gun rights may be restored through a pardon. The governor grants pardons, but the pardon applications are referred to the Board of Probation and Parole for investigation and recommendation. The governor may impose conditions, restrictions and limitations on the pardon. The state website advises that a full pardon “restores all rights of citizenship and removes any disqualification or punitive collateral consequence stemming from the conviction without conditions or restrictions,” while a partial pardon may restore rights in a more limited way.

Expungement of criminal records is also available under Mo. Rev. Stat. § 610.140, although many crimes are not eligible. The person may not apply unless it has been at least seven years if the offense is a felony from the date the person completed any authorized disposition (at least three years if the offense is a misdemeanor, municipal offense, or infraction). The person cannot have any pending criminal charges, and his or her “habits and conduct” must demonstrate that “the petitioner is not a threat to the public safety of the state” and the expungement, if granted, “is consistent with the public welfare and the interests of justice.” If granted, the effect of the expungement is “to restore such person to the status he or she occupied prior to such arrests, pleas, trials, or convictions as if such events had never taken place.” Mo. Rev. Stat. § 610.140.8. However, a person granted an expungement must disclose any expunged offense, violation, or infraction when the disclosure of such information is necessary to complete any application for a concealed carry permit – see Mo. Rev. Stat. § 610.140.9(2).  

Both pardon and expungement are limited to convictions for crimes in Missouri and not other state or federal convictions.

For more information on restoration of rights following a conviction, see the state website on pardons, https://doc.mo.gov/divisions/probation-parole/executive-clemency, and the federal and relevant state law page at https://ccresourcecenter.org/restoration

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Preemption

The general assembly occupies and preempts the entire field of legislation “touching in any way firearms, components, ammunition and supplies to the complete exclusion of any order, ordinance or regulation by any political subdivision” in Missouri. Mo. Rev. Stat. § 21.750.

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Except as permitted by state law, a county, city, town, village, municipality, or other political subdivision of the state is prohibited from adopting any order, ordinance or regulation concerning the sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permit, registration, taxation other than sales and compensating use taxes, or other controls on firearms, components, ammunition and supplies. State law allows ordinances which conform exactly with state firearms laws, and ordinances that regulate the open carrying of firearms readily capable of lethal use or the discharge of firearms within that jurisdiction. However, any discharge ordinance cannot prohibit or preclude the use of a firearm in the lawful defense of person or property, and any open carry ordinance cannot restrict a person who, at the time, is in possession of a valid Missouri concealed carry endorsement or permit or a permit from another state that is recognized by Missouri. Mo. Rev. Stat. § 21.750.3.  

The lawful design, marketing, manufacture, distribution, or sale of firearms or ammunition to the public is declared not to be an abnormally dangerous activity and does not constitute a public or private nuisance. Neither the State nor any political subdivision may bring suit or have any right to recover against any firearms or ammunition manufacturer, trade association, or dealer for damages, abatement, or injunctive relief resulting from or relating to the lawful design, manufacture, marketing, distribution, or sale of firearms or ammunition to the public. This prohibition does not prevent an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the State or political subdivision, and it does not prohibit an individual citizen from bringing suit for recovery for negligent or defective design or manufacture of firearms or ammunition. Mo. Rev. Stat. §§ 21.750.4, 21.750.5, and 21.750.6.

Mo. Rev. Stat. § 44.100.1 allows a state of emergency to be proclaimed by the governor or by resolution of the legislature. Mo. Rev. Stat. § 44.101 prohibits “the state, any political subdivision, or any person” from prohibiting or restricting “the lawful possession, transfer, sale, transportation, storage, display, or use of firearms or ammunition during an emergency.”

City or county housing authorities (authorities that administer or use public monies provided by the United States Department of Housing and Urban Development to fund very low, lower, and moderate income public rental housing assistance) and any landlord receiving public funds from a housing authority cannot prohibit a lessee or a member of the lessee’s immediate household or guest from personally possessing firearms within an individual dwelling unit, common areas, or from carrying or transporting firearms to and from such residence in a manner allowed by law. Any provision of a lease, policy, rule, or agreement in violation of this restriction is void and unenforceable.  Mo. Rev. Stat. § 571.510.

A municipality may regulate, by order or ordinance, the shooting of “pneumatic guns” within its boundaries when the municipality is, in the opinion of the governing body, “so heavily populated that such conduct is dangerous to the inhabitants.” The municipality may require supervision by a parent, guardian, or other adult supervisor who is approved by a parent or guardian of any minor below the age of 12 in all uses of pneumatic guns on public property. The ordinance may specify that minors 12 years of age or older may, with the consent of a parent or guardian, use a pneumatic gun at any place designated for such use by the local governing body or on private property with the consent of the owner. The ordinance may specify that any minor shall be responsible for obeying all laws, regulations, and restrictions governing such use, regardless of whether a parent or guardian has permitted such use. However, no such ordinance may prohibit the use of pneumatic guns at facilities approved for shooting ranges. “Pneumatic gun” is not defined.  Mo. Rev. Stat. § 571.155.

A county, municipality, or other governmental body, or an agent of such entity, cannot participate in any gun “buyback” program (where individuals are given a thing of value in exchange for surrendering a firearm to the county, municipality, or other governmental body) unless the county, municipality, or governmental body has adopted a resolution, ordinance, or rule authorizing participation in the program and directs that any firearm received is offered for sale or trade to a licensed firearms dealer. Any firearm remaining after being offered for sale or trade to at least two licensed firearms dealers may be destroyed. The proceeds from any sale, or gains from trade, are the property of the county, municipality, or governmental body. Mo. Rev. Stat. § 571.067.

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Range Protection

All owners and authorized users of firearm ranges shall be immune from any criminal and civil liability arising out of or as a consequence of noise or sound emission resulting from the use of any such firearm range.

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MO. REV. STAT § 537. 294. Firearm range, hunting preserve defined--immunity from criminal and civil liability for noise, public or private nuisance or trespass--exceptions

1. As used in this section, the following terms shall mean:

(1) “Firearm range” , any rifle, pistol, silhouette, skeet, trap, blackpowder or other similar range in this state used for discharging firearms in a sporting event or for practice or instruction in the use of a firearm, or for the testing of a firearm;

(2) “Hunting preserve”, any hunting preserve or licensed shooting area operating under a permit granted by the Missouri department of conservation.

2. All owners and authorized users of firearm ranges shall be immune from any criminal and civil liability arising out of or as a consequence of noise or sound emission resulting from the use of any such firearm range. Owners and users of such firearm ranges shall not be subject to any civil action in tort or subject to any action for public or private nuisance or trespass and no court in this state shall enjoin the use or operation of such firearm ranges on the basis of noise or sound emission resulting from the use of any such firearm range. Any actions by a court in this state to enjoin the use or operation of such firearm ranges and any damages awarded or imposed by a court, or assessed by a jury, in this state against any owner or user of such firearm ranges for nuisance or trespass are null and void.

3. All owners and authorized users of existing hunting preserves or areas that are designated as hunting preserves after August 28, 2008, shall be immune from any criminal and civil liability arising out of or as a consequence of noise or sound emission resulting from the normal use of any such hunting preserve. Owners or authorized users of such hunting preserves shall not be subject to any action for public or private nuisance or trespass, and no court in this state shall enjoin the use or operation of such hunting preserves on the basis of noise or sound emission resulting from normal use of any such hunting preserve.

4. Notwithstanding any other provision of law to the contrary, nothing in this section shall be construed to limit civil liability for compensatory damage arising from physical injury to another human, physical injury to tangible personal property, or physical injury to fixtures or structures placed on real property.

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Missouri NEWS

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Friday, September 11, 2020

The Armed Citizen® September 11, 2020

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Missouri: House Committee Hearing Self-Defense On Public Transit

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Missouri: House Committee Hearing Self-Defense On Public Transit

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Missouri: Committee Hearing Right to Hunt & Fish Amendment

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Missouri: Committee Hearing Right to Hunt & Fish Amendment

On February 24th, the Senate Committee on Agriculture, Food Production, and Outdoor Resources is hearing Senate Joint Resolution 62 to ...

Missouri: “Red Flag” Gun Seizure Bill In Committee

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Friday, January 10, 2020

Missouri: Gun Bills Filed for 2020 Session

With the 2020 Missouri legislative session starting, legislators have filed pro-gun and anti-gun legislation. See below for information on ...

Miami Herald/AP  

Tuesday, August 27, 2019

Missouri Gov. Parson: No special session for gun violence

Gov. Mike Parson says he will not call a special legislative session to address gun violence in St. ...

South East Missourian  

Monday, March 25, 2019

Oliver North extols virtues of United States during 50th annual Lincoln Day celebration

Combat veteran of the Marine Corps and president of the National Rifle Association Oliver North emphasized the importance ...

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.