STAY OUT OF JAIL CARD 2015
WESTERN MISSOURI SHOOTERS ALLIANCE
P. O. Box 11144
Kansas City, MO 64119
(877) 333-WMSA (9672)
Updates at www.KLJamisonLaw.com/author
Attorney Kevin L. Jamison, Kansas City
If this keeps you out of a dollar’s worth of trouple, please send us the dollar.
INTOXICATION: It is a D FELONY to (a) possess a loaded firearm (b) while intoxicated with alcohol or drugs, (even prescription medication) (c) in an unsafe or illegal manner.
REGISTRATION: No such thing in Missouri.
PERMIT TO PURCHASE: No longer such a thing in Missouri.
UNIFORM LAW: (“Preemption”): Except for the open carry of firearms and discharge of weapons, cities and counties may NOT pass any laws regulating firearms or ammunition that are more restrictive than state law. This law does NOT prohibit cities from regulating knives, BB guns, martial arts weapons, etc. § 21.750 RSMO. The License To Carry law (LTC) authorizes cities and counties to post certain premises off limits to license holders. § 571.107 RSMo.
OPEN CARRY: There is no state law against carrying guns openly, loaded or unloaded, on foot or in cars, but they must be easily seen by the casual observer, and recognizable. If it can’t be readily identified as a weapon from at least two distinct vantage points, it is concealed. Certain cities have laws against open carry. There is no “one source” to look up the cities with such laws, but many cities have copies of the city code online. If stopped with a weapon in the car:
1. Pull all the way over to right
4. Turn off music/radio
7. Quickly inform LEO of gun
2. Stay in car
5. Turn on dome light
3. Turn car off
6. Keep hands on top of wheel
CONCEALED: Carrying concealed weapons is having a loaded/ functional weapon on or within reach of the person. A felony under RSMo 571.030 except:
1. Persons in their homes or place of work, possibly (but not certainly) limited to being inside a building. 2. When hunting and carrying a “projectile weapon” openly. A “projectile weapon” is a BB gun, bow, or firearm. 3. Persons 19 and over, (read the law carefully and fully) lawfully in possession of a handgun (only), in a motor vehicle. 4. Persons having a Mo CCW endorsement or having a CCW license issued by any state, county or city. 5. Some other persons who are process servers, judges, jailers, LEOs, corporate security advisers licensed by St. Louis (only) and police officers, and retired qualified LEO’s. The only “safe” way to carry a concealed weapon is with a Mo or out of state license.
CONCEALED CARRY LICENSE HOLDERS: A license issued by any state is as valid as a Missouri license. All licenses are valid throughout Missouri, except where prohibited by federal law, on Indian Reservations or military posts, government buildings and where prohibited by § 571.107 (see below). Missouri licenses are recognized in a number of other states; see www.handgunlaw.us or www.nraila.org/gunlaws/. Gun must be concealed to protect the citizen from arrest for open carry, (where open carry is prohibited). Must carry license, failure to produce upon request is punishable by a fine. Do not have to volunteer possession to officer, but it is prudent and wise to do so. License holders may carry any legal weapon concealed. One assistant attorney general and one judge took the position that the law only applies to handguns—they are wrong. However they are the gatekeepers to a trial. License does NOT entitle the holder to carry weapons specifically prohibited by RSMo 571.020. License holders may carry into bona fide restaurants, even restaurants serving alcohol. You cannot be arrested for carrying into any of the prohibited places unless you are asked to leave and you refuse to leave except for federal facilities including Post Offices, Military and Indian Reservations, and trains, airports, buses and bus stations. Federal parks allow concealed carry only under the same terms as in the surrounding state and not in buildings in the park. Other federal lands have different rules. If asked to leave, leave immediately and without a single word of argument. Ways to get in trouble with a license: You are required to notify the sheriff of the old and new county within (a) 30 days after moving or changing name (b) within 7 days after you notice your license is lost or destroyed. Your license is good for 3 years if issued prior to August 28, 2013, or, 5 years if issued after that date. If you don’t provide the 30 or 7 days notification or renew before it expires and you still carry, you are committing a felony. If you are in possession of a firearm while intoxicated, it is a D felony.
PLACES OFF-LIMITS With or Without CCW License: Guns may not be carried* into:
Law Enforcement office w/in 25 ft of polling place Adult/juvenile prison
Courthouse/Court offices Government meeting Gov’t Building
Bars Airport Controlled area Banned by Federal law
Post Office Any school or college Child Care Facility
Riverboat Gambling Amusement Park Church or similar
Posted areas Sports arena/stadium Hospital
Bus Terminal Bus Train
Guns may be driven into parking lots if not displayed. Businesses may have more restrictive rules. A Missouri license, but NOT an out of state license, will allow you to carry a gun onto the parking lot of a school under FEDERAL and state law.
Governing bodies of schools, churches, bars, daycare centers, gambling boats, and law enforcement offices may give written permission to specific persons to carry in that church, school or facility.
TRANSPORTING: Federal law 18 US Code, section 926A allows a person to transport a gun across state lines anywhere in the United States, even through states which ban possession of such guns, but only if the gun is legally possessed in the state of origin, and the state of destination. The gun must also be unloaded and in a locked container. A glove compartment or console does not qualify as a locked container, even if it has a lock (it doesn’t have to make sense, it’s just the law). However, any other container, of any material will qualify. CAUTION: Beware of brief stays in hostile jurisdictions. If traveling by air DO NOT touch the bag holding your gun until reaching your destination. If the plane is diverted elsewhere, require the airline to secure the bag; DO NOT TOUCH IT! The federal law does not apply unless state lines are crossed. However, an unloaded gun in a locked container is not considered accessible, and therefore not a concealed weapon, and not visible and therefore not “openly carried”, and so legal; it doesn’t have to make sense, it’s just the law. CAUTION: a man in St. Louis was convicted of carrying concealed when the unloaded gun was locked in the glove compartment, and he had a key, and his passenger had two rounds State v Harp, 680 S. W. 2d 297 (Mo. App. E. D. 1984). This case is completely contrary to the statute and all other cases regarding concealed carry. In general, the more barriers between you and a functioning firearm, the less likely you will be arrested.
PROHIBITED PERSONS: It is a felony under 571.070 for fugitives from justice, persons convicted of any felony, habitually drugged, intoxicated, or found mentally incompetent by a court, illegal aliens or aliens other than permanent residents or with a hunting visa to possess or have access to firearms. Federal law prohibits possession by persons involuntarily committed to mental institutions. It is a federal felony under 18 US Code Section 922( d)( 9) for persons convicted of misdemeanor adult abuse to possess any firearms and under section 922( h) and for ex-felons to possess any “firearm” as defined by federal law. Prohibited persons can possess muzzle-loading antique guns or replicas of antiques in Mo but not some modern versions. § 571.060 RSMo makes it a misdemeanor to transfer a weapon to a fugitive from justice, or ex-felon or juvenile except with parental permission and written permission in the case of handguns (even when parents are present). This is also a felony under 18 US Code section 922( b). It may also be charged as a state felony for endangering the welfare of a minor. Federal law requires that a juvenile possess a parent’s letter permitting possession of a handgun, even if the parent is present.
A Suspended Imposition of Sentence is not a conviction for state purposes, but it is for some federal purposes and in some states such as Kansas; so does not prevent gun possession in Mo. It will prevent persons from getting a Missouri license to carry. Prohibitions due to adult abuse. Adult abuse: threats, injury, or stalking, very broad. CIVIL 18 U. S. Code sec 922( d)( 8) & (g)( 8). Complaint & petition by victim: Six month period (can be extended) Barred from ownership of any gun during order. Option-consent order: does not find person a threat & does not create a disability. CRIMINAL 18 U. S. Code sec 922( d)( 9) & (g)( 9). Complaint by victim- Petition by prosecutor: Victim can’t “drop charges” Permanent bar to ownership of any gun.
INHERITANCE: Under federal law 18 US Code Section 922( a)( 5)( A) a person can inherit a handgun from a person in another state without an FFL, but it is advisable. The law in both states must be followed.
NICS: All firearms purchased from licensed dealers require a background check, even when the gun is bought at a gun show. You will be told otherwise, but it is a lie.
MACHINE GUNS/SILENCERS: Federally licensed only. SAWED OFF: Overall length must be at least 26 inches, measured parallel to the barrel. Barrel: Shotgun barrels must be at least 18 inches Rifle barrels must be at least 16 inches Barrel length must be measured from the face of the bolt or standing breech. It is advisable to leave a half-inch margin of error, and to have a gunsmith perform the operation.
AMMUNITION: Armor Piercing: Federal law prohibits armor piercing pistol ammunition. MO only prohibits its use in crimes. Exploding: Prohibited. This does not prohibit fragmenting or hollow point ammunition, only ammunition with an explosive charge.
SEIZURE: Guns recovered by law enforcement must be returned to the owner. There is no authority for a judge to order a firearm destroyed unless used in a felony by the owner (571.095). There are occasional operations to stop cars and seize guns, usually in the inner cities. Some officers honestly believe they are required to seize all guns they encounter. Law enforcement officers may not seize guns unless there is a reasonable suspicion that the gun is stolen or was used in a crime. If they do so anyway, ask for a receipt, which they may or may not provide. The side of the road is no place for a constitutional argument. Seek legal counsel. The gun may be recovered by: A few phone calls, and proof the gun was lawfully acquired, petition in replevin, (a suit to recover property) or Civil Rights suit, alleging deprivation of property without due process of law under the Fifth Amendment to the US Constitution.
BLACK POWDER: Antique or replica muzzle loading guns are not firearms for the purpose of sale or possession. They are firearms for the purpose of carrying concealed statutes. Modern designs may be firearms for purpose of possession. It does not have to make sense, it’s just the law.
KILL/ USE OF HAZARDOUS FORCE, only ifReasonable Fear = JAM
You reasonably believe there is an
Jeopardy: A threat
imminent risk of Forcible Felony, some form of human breakage incl:
Ability: Close enough to do harm
a. death or serious bodily injury, or
Means: A weapon or ability to do harm
b. Rape/sexual assault, or
c. Kidnapping, or
d. Arson of OCCUPIED building
e. Burglary of OCCUPIED building
CASTLE DOCTRINE: If an intruder breaks into a home (even a temporary one) or vehicle tumultuously or by stealth (or remains after breaking in) and you reasonably believe he threatens “unlawful force” the citizen can kill without further provocation. It is called accelerated self-defense. “Unlawful force” is not defined but appears to be any force that is not invited. It is not required to retreat from real estate (even outside) that one owns or rents. Otherwise it is required to retreat if one can do so incomplete safety.
NEVER use deadly force to save property or when criminal is leaving. Do NOT Leave shooting scene, or Change the scene, or Move the body, or Discard/hide the weapon, or Make a statement (you may be sued).
Tell 911 1. Location 2. He tried to kill me! 3. I was afraid for my life! 4. I defended myself. 5. Send an ambulance! 6. The scene is safe.
WHEN THE POLICE ARRIVE: Remember the acronym S.H.I.E.L.D.
He attacked me
I am innocent
There is the Evidence
I want a Lawyer
Don’t resist or consent.
Remember: good manners will keep you out of trouble cheaper than lawyers can get you out of trouble.