 |
Article 1, § 23 of the Missouri Constitution provides
“[t]hat the right of every citizen to keep and bear arms in defense
of his home, person and property, or when lawfully summoned in aid
of the civil power, shall not be questioned; but this shall not
justify the wearing of concealed weapons.”
The Supreme Court of Missouri has held that art. 1, § 23 protects an individual's right to possess or use firearms. However, the court has held such a right is limited to "defense of home, person or property" and is subject to the authority of the Missouri General Assembly to enact laws which regulate the time, place and manner of bearing firearms. In State v. Wilforth, 74 Mo. 528, 530 (1881), the Missouri Supreme Court rejected a constitutional challenge to a statute prohibiting the carrying of a firearm into a church or place of worship. Similarly, in State v. Shelby, 2 S.W. 468 (1886) the Missouri Supreme Court rejected a challenge to a statute prohibiting the carrying of a weapon in certain places where persons are assembled or while intoxicated. The court in Shelby also rejected a challenge to a statute prohibiting the carrying of concealed weapons. Id. at 469.
In State v. Keet, 190 S.W. 573 (1916), the Missouri Supreme Court rejected a challenge to a statute prohibiting the carrying of concealed weapons. The court rejected the defendant’s argument that, since he had a "reasonable apprehension of danger" and was acting in self-defense, he had a right to carry a concealed weapon. Id. at 574. The court distinguished between weapons carried openly and weapons carried concealed, and held that the state right to bear arms in self-defense does not protect a person carrying a concealed weapon. Id. at 576.
In State v. White, 253 S.W. 724 (1923), the Missouri Supreme Court rejected a challenge to a statute prohibiting the exhibition of a deadly weapon in a rude, angry or threatening manner. In State v. Plassard, 195 S.W. 2d 495 (1946), the Missouri Supreme Court held that the state "right to bear arms" required that a defendant charged with unlawfully exhibiting a weapon be given an opportunity to prove that he had a right to possession of the property where he was at the time of the offense. The court stated that "[i]f the defendant was defending his home and property, he had a constitutional right to bear arms" and could not be convicted. Id. at 497.
In Brooks v. State, 28 S.W.3d 844 (2004), the Supreme Court of Missouri rejected a novel art. 1, § 23 challenge to a state law, adopted in September 2003, that authorized the carrying of a concealed firearm. A group of citizens challenged the law, claiming that the carrying of a concealed firearm violates the last clause of art. 1, § 23, which states that the article "shall not justify the wearing of concealed weapons." The court stated that art. 1, § 23 "means simply that the constitutional [provision] does not extend to the carrying of concealed weapons, not that citizens are prohibited from doing so, or that the General Assembly is prohibited from enacting statutes allowing or disallowing the practice." Brooks, 28 S.W.3d at 847. For further information on the Brooks case, see the Missouri Carrying Firearms section.
In City of Cape Girardeau v. Joyce, 884 S.W.2d 33, 34 (1994) the Missouri Court of Appeals rejected an art. 1, § 23 challenge to a municipal ordinance prohibiting the open carrying of a firearm readily capable of lethal use. The court also rejected an art. 1, § 23 challenge to Mo. Rev. Stat. § 21.750.3, the statutory provision which delegated to political subdivisions the power to enact such ordinances. Id. See the Missouri State Preemption section for further information.
|
|
Missouri has a comprehensive statute occupying and preempting "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 of this state." Mo. Rev. Stat. § 21.750.1. The statute further states that all existing or future orders, ordinances or regulations in this field are "null and void except as provided in" section 21.750.3.
Section 21.750.3 allows political subdivisions to:
Regulate the "open carrying of firearms readily capable of lethal use;" Regulate the discharge of firearms; and Enact ordinances conforming exactly to the provisions of sections 571.010 through 571.070 of the Missouri Statutes. The enumerated statutes pertain to various aspects of state firearms regulation, including the unlawful transfer of weapons, armed criminal action, the possession, manufacture, transport and repair of certain weapons, and the carrying of concealed weapons.
Section 21.750.2 reiterates the preemption of all local regulation concerning firearms, stating:
No county, city, town, village, municipality, or other political subdivision of this state shall adopt any order, ordinance or regulation concerning in any way 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 except as provided in [section 21.750.3].
In City of Cape Girardeau v. Joyce, 884 S.W.2d 33 (1994), the Court of Appeals of Missouri rejected a challenge under article 1, § 23 of the Missouri Constitution (the state "right to keep and bear arms") to section 21.750. The court stated:
Nothing in the Missouri constitution [sic] limits the power of the legislature to enact laws pertaining to the time, place and manner of carrying weapons. It is entirely proper for the General Assembly to recognize that the use and abuse of firearms are matters appropriately left to local control and to delegate its authority to regulate the carrying of firearms as is deemed necessary by political subdivisions of the state.
Joyce, 884 S.W.2d at 35.
Section 21.750 also precludes political subdivisions from filing certain lawsuits against the firearms industry. Please see the Missouri Immunity Statutes/Manufacturer Litigation section for further information.
Despite the provisions of section 21.750, the following specific statutory provisions remain on the books:
Sections 77.570 and 79.450 grant authority to the councils of third class cities (cities and towns containing 3,000 or more inhabitants) and the boards of aldermen of fourth class cities (cities and towns that contain between 500 and 3,000 inhabitants or that contain more than 3,000 inhabitants and elect by majority vote to be treated as such) to "enact ordinances to … regulate, restrain, and prevent the discharge of firearms … in the streets or in the limits of the city;" Section 80.090 grants authority to the boards of trustees of villages and towns to "prohibit the firing of firearms;" and Section 79.460 grants authority to the board of aldermen of a fourth class city "to adopt ordinances providing for the prohibition of and punishment for the carrying of concealed deadly weapons."
Finally, section 571.107.1(6) provides that, subject to certain conditions, counties and municipalities may prohibit the carrying of concealed firearms, even by persons permitted to do so under state law, in any building or portion of a building owned, leased or controlled by the county or municipality. Criminal penalties may not be imposed for a violation, but the local laws may deny a violator entrance to the building, order a violator to leave the building and, if an employee of the unit of government, subject a violator to disciplinary measures. Id.
Please see the Preemption summary
for a general discussion of this issue, as well as the Federal
Preemption section of the Federal Law Summary page.
|
|
For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel.
|
 |
|
No relevant statutes currently exist.
|
 |
|
Federal law generally requires that licensed firearms dealers conduct a background check on all prospective firearms purchasers to ensure that such persons are not prohibited from buying or possessing a firearm. This background check requirement and the National Instant Criminal Background Check System ("NICS") were enacted through the Brady Handgun Violence Prevention Act, pursuant to Public Law 103-159, and codified at 18 U.S.C. § 921 et seq. Federal law defines a number of classes of prohibited purchasers (including felons, fugitives, persons adjudicated as "mental defectives" or those committed to mental institutions), and leaves to the states the power to determine additional classes. (For a complete list of federally prohibited purchasers, click here.)
Under the Brady Act, states have the option of serving as a "state point of contact" and conducting their own background checks using NICS and state informational records and databases, or having the checks performed by the FBI using only NICS. Federal law does not require that private sellers (persons other than firearms dealers) conduct background checks on prospective purchasers.
In Missouri, all firearms transfers by licensed dealers are processed directly through the FBI, which enforces the federal purchaser prohibitions referenced above. Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006). In addition, Missouri has adopted other classes of prohibited persons, and incorporated some of the federal prohibitions as state offenses. A person may not possess a firearm while intoxicated, unless the firearm is: 1) not readily accessible; 2) transported in a nonfunctioning state; or 3) unloaded, and ammunition for the firearm is not readily accessible. Mo. Rev. Stat. §§ 571.030.1(5), 571.030.3.
Section 571.070 prohibits possession of a concealable firearm by:
Any person convicted of a "dangerous felony" (as defined by section 556.061) or an attempt to commit a dangerous felony, or a crime under the laws of any state or the United States, which, if committed in Missouri would be a dangerous felony; A fugitive from justice; A person habitually in an intoxicated or drugged condition; or A person currently adjudged mentally incompetent.
Pursuant to sections 571.080.1(1), and 571.090.1, any person seeking to purchase a concealable firearm in Missouri must first obtain a permit to acquire a concealable firearm. For the requirements to obtain a permit to acquire a concealable firearm, see the Missouri Licensing of Gun Purchasers/Owners section.
Firearms transfers by private sellers (non-firearms dealers) are not subject to background checks in Missouri, although federal and state purchaser prohibitions still apply. See the Missouri Private/Secondary Sales section.
|
 |
|
No relevant statutes currently exist.
|
 |
|
Open Carrying/Exposed Firearms
A person may not exhibit in an angry or threatening manner, and in the presence of one or more persons, any weapon readily capable of lethal use. Mo. Rev. Stat. § 571.030.
Possession Restrictions
A person other than the holder of a concealed carry endorsement may not possess a firearm "readily capable of lethal use" in any: 1) house of worship or place where people have assembled for worship; 2) election precinct on election day; or 3) building owned or occupied by any agency of the federal or Missouri state government or state political subdivision. Section 571.030.1(8). Missouri also prohibits anyone other than the holder of a concealed carry endorsement from carrying a firearm into any school, on any school bus, or into any function or activity sponsored or sanctioned by school officials or the district school board. Section 571.030.1(10). These restrictions do not apply if the firearm is: 1) not readily accessible; 2) transported in a nonfunctioning state; or 3) unloaded, and ammunition for the firearm is not readily accessible. Section 571.030.3, 4. Section 571.030.1(10) also does not prohibit any person from traversing school premises for the purposes of transporting a student to or from school, or an adult from possessing a firearm for the purposes of facilitating a school-sanctioned firearm-related event. Section 571.030.3.
No person may possess a firearm in or about the premises of a correctional center, or city or county jail, county correctional facility, or private prison or jail. Sections 217.360, 221.111.
Section 571.107.1(6) provides that, subject to certain conditions, counties and municipalities may prohibit the carrying of concealed firearms, even by persons permitted to do so under state law, in any building or portion of a building owned, leased or controlled by the county or municipality. Criminal penalties may not be imposed for a violation, but the local laws may deny a violator entrance to the building, order a violator to leave the building and, if an employee of the unit of government, subject a violator to disciplinary measures. Id.
State administrative regulations generally prohibit firearms in the following locations:
Holders of a concealed carry endorsement may be subject to additional location limits. Please see the Location Limits subsection below for further information.
Transportation of Firearms
Generally, any person who carries a concealed firearm without a valid "concealed carry endorsement" is criminally liable for the crime of unlawful use of weapons, a felony. Mo. Rev. Stat. § 571.030. See the discussion of the endorsement under "Concealed Weapons Licensing Requirements" below. This prohibition does not apply if any of the following is true:
The firearm is not readily accessible; The firearm is transported in a nonfunctioning state; The firearm is unloaded, and ammunition for the firearm is not readily accessible; The person is age 21 or older and is transporting a concealable firearm in the passenger compartment of a motor vehicle, so long as such concealable firearm is otherwise lawfully possessed; In addition to the concealed firearm, the person is in possession of an exposed firearm for the lawful pursuit of game; The person is in his or her dwelling unit or upon premises over which he or she has possession, authority or control; or The person is traveling in a continuous journey peaceably through Missouri.
Section 571.030.3
Missouri prohibits the carrying of a firearm, whether loaded or unloaded,
on any school bus. Section
571.030.1(10). See the Possession Restrictions sub-section above for exceptions.
The general prohibition on possession of a firearm at a school does not apply
to any person traversing school premises for the purposes of transporting
a student to or from school. Section
571.030.3.
Any passenger who boards any bus with a dangerous or deadly weapon or other means capable of inflicting serious bodily injury concealed upon his or her person or effects without the consent of the owner of the bus, or his agent, lessee, or bailee is guilty of a felony. Section 578.305.
No person may carry a firearm in or on any property, equipment, or vehicle relating to any public mass transportation system of the Bi-state Development Agency created by compact between Missouri and Illinois, without authorization from the agency. Section 70.441.
Although holders of a concealed carry endorsement are generally prohibited from carrying a concealed firearm in certain places, the holder of a concealed carry endorsement may possess a firearm in a vehicle at these places so long as the firearm is not removed from the vehicle or brandished while the vehicle is there. Section 571.107.1. See the Location Limits subsection below for a list of these places.
An employer may prohibit employees or other persons from carrying a concealed firearm in vehicles owned by the employer. Section 571.107.1(15).
A state administrative regulation generally prohibits drivers for certain
transportation service providers for seniors and the disabled from allowing
firearms to be transported in their vehicles. Mo.
Code Regs. Ann. tit. 19, § 15-7.040.
Concealed Weapons Licensing Requirements
Missouri is a "shall issue" state, meaning that a county or city sheriff must issue a certificate of qualification for a "concealed carry endorsement," if the applicant meets certain qualifications. The sheriff of the county, or any city not within a county, in which the applicant resides shall issue such an endorsement, which will appear on the certificate holder's driver's or non-driver's license, if the applicant:
- Is at least age 23, a citizen of the United States, and either:
- Has resided in Missouri for at least six months; or
- Is a member of the armed forces stationed in Missouri, or the spouse of such member of the military;
- Has not pled guilty to or entered a plea of nolo contendere (no contest) or been convicted of a crime punishable by imprisonment for a term exceeding one year under the laws of any state or of the United States, other than a crime classified as a misdemeanor under the laws of any state and punishable by a term of imprisonment of one year or less that does not involve an explosive weapon, firearm, firearm silencer or gas gun;
- Has not been convicted of, pled guilty to or entered a plea of nolo contendere (no contest) to one or more misdemeanor offenses involving crimes of violence within a five-year period immediately preceding the application for a concealed carry endorsement, or has not 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 within the five-year period immediately preceding the application for a concealed carry endorsement;
- Is not a fugitive from justice or currently charged in an information or indictment with the commission of a crime punishable by imprisonment for a term exceeding one year under the laws of any state of the United States, other than a crime classified as a misdemeanor under the laws of any state and punishable by a term of imprisonment of two years or less that does not involve an explosive weapon, firearm, firearm silencer, or gas gun;
- Has not been discharged under dishonorable conditions from the United States armed forces;
- Has not engaged in a pattern of behavior, documented in public records, that causes the sheriff to have a reasonable belief that the applicant presents a danger himself, herself, or others;
- Is not adjudged mentally incompetent at the time of application or for five years prior to application, or has not been committed to a mental health facility, as defined in section 632.005, or a similar institution located in another state following a hearing at which the applicant was represented by counsel or a representative; and
- Is not the respondent of a valid "full order of protection" that is still in effect. A "full order of protection" is an order of protection issued after a hearing on the record where the respondent has received notice of the proceedings and has had an opportunity to be heard. Section 455.010.
Section 571.101.2.
Applicants for a concealed carry endorsement are required to "demonstrate knowledge of firearms safety training." See section 571.111 for further information. To this end, an applicant must submit an affidavit attesting that he or she has complied with the safety training requirements under section 571.111.1 and .2. Section 571.101.2(9).
The issuing sheriff shall charge a processing fee not to exceed $100. Section 571.101.10.
Additional application and background check requirements, as well as permit suspension and revocation information, are detailed under sections 571.101.3-8, 571.104.1, .7, 571.107.2, 571.114, 571.117, 571.121.
Section 571.030.1 generally makes it a crime for a person to carry a firearm concealed upon or about his or her person. This prohibition does not apply if any of the following is true:
The firearm is not readily accessible; The firearm is transported in a nonfunctioning state; The firearm is unloaded, and ammunition for the firearm is not readily accessible; The person is age 21 or older and is transporting a concealable firearm in the passenger compartment of a motor vehicle, so long as such concealable firearm is otherwise lawfully possessed; In addition to the concealed firearm, the person is in possession of an exposed firearm for the lawful pursuit of game; The person is in his or her dwelling unit or upon premises over which he or she has possession, authority or control; or The person is traveling in a continuous journey peaceably through Missouri.
Section 571.030.3.
Section 571.030.4 also exempts from this prohibition a person who has a valid concealed carry endorsement or a valid permit or endorsement to carry concealed firearms issued by another state. In addition, section 571.101.1 states that any person who has been issued a concealed carry endorsement on a driver’s license or nondriver’s license may carry concealed firearms on or about his or her person or within a vehicle if such endorsement or license has not been suspended, revoked, canceled, or denied. Section 571.107.1 also states that a Missouri concealed carry endorsement or a permit issued by another state shall authorize the person to carry concealed firearms on or about his or her person or vehicle.
The Supreme Court of Missouri has held that the state's permitting system for the carrying of concealable firearms does not violate Article I, § 23 of the Missouri Constitution, which concerns to the keeping and bearing of arms. Brooks v. State, 28 S.W.3d 844 (2004). In Brooks, a group of taxpayers claimed the law violated both art. I, § 23 (the state "right to bear arms" provision) and art. X, §§ 16 and 21 (part of what is known as the "Hancock Amendment"), the latter provisions precluding the state from requiring counties and political subdivisions to implement or administer any new or expanded activities without full state financing.
The court stated that art. 1, § 23 does not proscribe the carrying of concealable firearms, but only prohibits an individual from invoking the constitutional right to keep and bear arms as a justification for wearing a concealable firearm. Brooks, 128 S.W.3d at 847. This decision allows the state concealable firearms permitting law to stand. However, the court also held that the law amounted to an unfunded mandate, specifically exempting four counties – Jackson, Cape Girardeau, Greene, and Camden – from compliance with the statute, and inviting similar challenges by all other Missouri counties. Id. at 850.
In 2005, the legislature amended the concealable firearms permitting law, removing the objectionable provisions held to be an unfunded mandate. These amendments will likely stave off challenges to the state law on this basis.
Disclosure or Use of Information
Information regarding any holder of a certificate of qualification or a concealed carry endorsement is a closed record. Mo. Rev. Stat. § 571.101.9. A closed record is inaccessible to the general public. Section 610.120.
A city or county sheriff issuing a certificate of qualification for a concealed carry endorsement shall keep a record of all applications for a certificate of qualification and his or her action on each of those applications. Section 571.101.8. The sheriff is required to report the issuance of all certificates of qualification to the Missouri uniform law enforcement system, but an applicant's status as a holder of a certificate of qualification or a concealed carry endorsement shall not be public information and shall be considered personal protected information. Id.
In addition, qualified firearms safety instructors who provide firearms safety instruction to any person who applies for a concealed carry endorsement are required to make the applicant's course records available upon request to the sheriff of the county in which the applicant resides, and maintain all course records on students for a period of no less than four years from the course completion date. Section 571.111.4 (1), (2).
Duration & Renewal
A concealed carry endorsement is valid for a period of three years from the date of issuance or renewal. Section 571.101.1. The fee for certificate of qualification renewals cannot exceed $50. Section 571.101.11. Additional renewal requirements are detailed under section section 571.104.2, .3.
Location Limits
A Missouri concealed carry endorsement does not authorize any person to carry a concealed firearm:
- Into any police, sheriff, or highway patrol office or station without the consent of the chief law enforcement officer in charge of that office or station;
- Within 25 feet of any polling place on any election day;
- Within any adult or juvenile detention facility or correctional institution, prison or jail;
- In a courthouse solely occupied by the circuit, appellate or supreme court, or any courtrooms, administrative offices, libraries or other rooms of any such court, whether or not such court solely occupies the building in question. This includes, but is not limited to, any juvenile, family, drug, or other court offices, any room or office wherein any of these courts or offices are temporarily conducting any business within their jurisdictions, and such other locations in such manner as may be specified by supreme court rule;
- Into any meeting of the governing body of a unit of local government or any meeting of the general assembly or a committee of the general assembly, except that this shall not preclude a member of the body holding a valid concealed carry endorsement from carrying a concealed firearm at a meeting of the body which he or she is a member;
- In any establishment licensed to dispense intoxicating liquor or non-intoxicating beer for consumption on the premises, which portion is primarily devoted to that purpose, without the consent of the owner or manager. This provision shall not apply to any bona fide restaurant open to the general public having dining facilities for not less than 50 persons and that receives at least 51% of its gross annual income from the dining facilities by the sale of food. This provision does not authorize any individual who has been issued a concealed carry endorsement to possess any firearm while intoxicated;
- In any area of an airport to which access is controlled by the inspection of persons and property;
- In any place where the carrying of a firearm is prohibited by federal law;
- In any higher education institution or elementary or secondary school facility without the consent of the governing body of the higher education institution or a school official or the district school board;
- In any portion of a building used as a child care facility, without the consent of the manager. This provision does not prohibit the operator of a child care facility in a family home from owning or possessing a firearm or a driver's license or non-driver's license containing a concealed carry endorsement;
- On any riverboat gambling operation accessible by the public, without the consent of the owner or manager pursuant to rules promulgated by the gaming commission;
- In any gated area of an amusement park;
- In any church or other place of religious worship without the consent of the minister or person or persons representing the religious organization who exercise control over the place of religious worship;
- In or on any private property whose owner has posted the premises as being off-limits to concealed firearms by means of one or more signs displayed in a conspicuous place of a minimum size of 11 inches by 14 inches with the writing in letters of not less than one inch. The owner, business or commercial lessee, manager of a private business enterprise, or any other organization, entity, or person may prohibit persons holding a concealed carry endorsement from carrying concealed firearms on the premises and may prohibit employees, not authorized by the employer, holding a concealed carry endorsement from carrying concealed firearms on the property of the employer. If the building or the premises are open to the public, the employer of the business enterprise shall post signs on or about the premises if carrying a concealed firearm is prohibited. An employer may prohibit employees or other persons holding a concealed carry endorsement from carrying a concealed firearm in vehicles owned by the employer;
- Within any sports arena or stadium with a seating capacity of 5,000 or more persons; or
- Into any hospital accessible by the public.
Section 571.107.1.
In addition, the general assembly, supreme court, county or municipality may by rule, administrative regulation or ordinance, prohibit or limit the carrying of concealable firearms by endorsement holders in that portion of a building owned, leased or controlled by that unit of government (clearly identified by signs posted at the entrance to the restricted area). Section 571.107.1(6). The statute, rule or ordinance shall exempt 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 from any restriction on the carrying or possession of a firearm. Id. The statute, rule or ordinance shall not specify any criminal penalty for its violation but may specify that persons violating the statute, rule or ordinance may be denied entrance to the building, ordered to leave the building and, if employees of the unit of government, be subjected to disciplinary measures for violation of the provisions of the statute, rule or ordinance. Id. The provisions of this subdivision shall not apply to any other unit of government. Id.
For nearly all of the location restrictions listed under section 571.107.1, possession of a firearm in a vehicle on the premises of the specific location shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises. Id. For penalties for violation of these location restrictions, see section 571.107.2.
Concealed carry endorsees may be subject to generally applicable possession prohibitions. Please see the Possession Restrictions and Transportation of Firearms sections above for further information.
Reciprocity
Under sections 571.030.4 and 571.107.1, a concealed carry endorsement or permit issued by another state authorizes the permittee or endorsee to carry a concealed firearm on or about his or her person or vehicle throughout Missouri. However, these provisions do not permit the carrying of a concealed firearm in the locations listed in the Location Limits subsection above.
Brady Exemption
Concealed carry endorsees in Missouri are not exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act. Please note that ATF's exempt status determination for a given state is subject to change without notice.
Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d).
|
 |
|
Missouri prohibits "recklessly" (as defined in Missouri Revised Statutes § 562.016), selling, leasing, loaning, giving away or delivering any firearm to a person under age 18 without the consent of the child's custodial parent or guardian. Section 571.060.1(2).
State administrative regulations govern the storage of firearms in:
|
 |
|
Missouri does not license firearms dealers. However, firearms dealers are subject to state laws governing gun sales generally. See the Missouri Private/Secondary Sales section for further information. Pursuant to the Brady Act, federally licensed firearms dealers must conduct background checks on prospective purchasers each time the dealer transfers a firearm. See the Missouri Background Checks section.
Number of Federally Licensed Firearms Dealers
There are 2,200 federally licensed firearms dealers and pawnbrokers in Missouri. Federal firearms licensee totals for Missouri as of October 19, 2006 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.
|
 |
|
No
relevant statutes currently exist.
See the Missouri Private/Secondary Sales section for state laws that apply at gun shows.
|
 |
|
Missouri Revised Statutes § 21.750.5 provides:
No county, city, town, village, or any other political subdivision nor the state shall 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 subsection shall apply to any suit pending as of October 12, 2003, as well as any suit which may be brought in the future. Provided, however, that nothing in this section shall restrict the rights of individual citizens to recover for injury or death caused by the negligent or defective design or manufacture of firearms or ammunition.
The provisions in section 21.750.5 do not "prevent the state, a county, city, town, village or any other political subdivision from bringing 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 such political subdivision." Section 21.750.6.
The Missouri Legislature has determined that "the lawful design, marketing, manufacture, distribution, or sale of firearms or ammunition to the public is not an abnormally dangerous activity and does not constitute a public or private nuisance." Section 21.750.4.
In City of St. Louis v. Cernicek, 145 S.W.3d 37 (2004), the Missouri Court of Appeals dismissed a suit by a city against firearms manufacturers and sellers on the ground that sections 21.750.4 and 21.750.5 barred the suit. The court held that sections 21.750.4 and 21.750.5 bar tort claims by a city related to the lawful design, manufacture, marketing, distribution, or sale of firearms or ammunition to the public. Id. at 43. The court refused to address the constitutionality of the statute. Id. at 42.
Section 67.138 provides that "[a]ny county, city, town, village or other political subdivision found to have filed a frivolous action against any firearms or ammunition manufacturer, trade association or dealer, shall be liable for all costs, attorneys' fees and other sanctions as the court finds necessary to prevent such future actions by the plaintiff or entities similarly situated."
Finally, section 537.294.2 states that all owners of firearm ranges in existence on August 13, 1988 are not subject to criminal liability or 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 normal use of any such firearm range. Furthermore, all owners of firearms ranges placed in operation after August 13, 1988 are immune from criminal liability and actions for public or private nuisance or trespass arising out of or as a consequence of noise or sound emission resulting from the normal use of any range, if the range conforms to any one of the following requirements:
- Any area from which any firearm may be properly discharged is at least 1,000 yards from any occupied permanent dwelling on adjacent property;
- Any area from which any rifle or pistol may be properly discharged is enclosed by a permanent building or structure that absorbs or contains the sound energy escaping from the muzzle of firearms in use; or
- If the firearm range is situated on land otherwise subject to land use zoning, the firearm range is in compliance with the requirements of the zoning authority regarding the sound deflection or absorbent baffles, barriers, or other sound emission control requirements.
Section 537.294.3.
For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.
|
 |
|
Missouri does not specifically regulate junk guns or unsafe firearms. However, according to research conducted by the Center to Prevent Handgun Violence (now Brady Center to Prevent Gun Violence), Missouri's Attorney General may have the authority to regulate junk guns, as well as promulgate other firearms safety standards, pursuant to the Missouri Merchandising Practices Act, Missouri Revised Statutes § 407.010 et seq. For details, view the Center's report, Targeting Safety.
|
 |
|
No relevant statutes currently exist.
|
 |
|
Pursuant to Missouri Revised Statutes §§ 571.080.1(1) and 571.090.1, any person seeking to purchase a concealable firearm in Missouri must first obtain a permit to acquire a concealable firearm. This permit may be issued by the sheriff of the county in which the applicant resides if the applicant:
Is at least age 21; Is a citizen of the United States; Has resided in Missouri for at least six months; Has not pled guilty to or been convicted of a crime punishable by imprisonment for a term exceeding one year under the laws of any state or of the United States, other than a crime classified as a misdemeanor under the laws of any state and punishable by a term of imprisonment of two years or less that does not involve an explosive weapon, firearm, firearm silencer or gas gun; Is not a fugitive from justice or currently charged in an information or indictment with the commission of a crime punishable by imprisonment for a term exceeding one year under the laws of any state or of the United States, other than a crime classified as a misdemeanor under the laws of any state and punishable by a term of imprisonment of two years or less that does not involve an explosive weapon, firearm, firearm silencer or gas gun; Has not been discharged under dishonorable conditions from the United States armed forces; Is not publicly known to be habitually in an intoxicated or drugged condition; and Is not currently adjudged mentally incompetent and has not been committed to a mental health facility, as defined in section 632.005, or a similar institution located in another state.
Section 571.090.1.
In addition, the county sheriff may refuse to issue the permit if he or she determines that any of the requirements specified in section 571.090.1 have not been met, or if he or she has reason to believe that the applicant has rendered a false statement regarding any of the provisions in section 571.090.1. Section 571.090.3.
Additional application requirements and information on the appeals process for permit denials are detailed under sections 571.090.2 through 571.090.13.
Permits to purchase concealable firearms are valid for 30 days. Section 571.090.4.
|
|
|
No relevant statutes currently exist.
|
 |
|
There is no minimum age to possess firearms under Missouri law, although federal law generally prohibits the possession of a handgun or handgun ammunition by anyone under the age of 18. 18 U.S.C. § 922(x)(2), (3) and (5).
Missouri prohibits "recklessly" (as defined in Missouri Revised Statutes § 562.016), selling, leasing, loaning, giving away or delivering any firearm to a person under age 18 without the consent of the child's custodial parent or guardian. Section 571.060.1(2).
Federal law prohibits firearms dealers from selling or delivering a shotgun or rifle, or ammunition for a shotgun or rifle, to any person the dealer knows or has reasonable cause to believe is under the age of 18. 18 U.S.C. § 922(b)(1), (c)(1). Dealers are prohibited from selling or delivering other firearms (e.g., handguns) or ammunition for those firearms to any person the dealer knows or has reasonable cause to believe is under the age of 21. Id.
Federal law provides less stringent age restrictions with respect to sales by unlicensed persons. Unlicensed persons generally may not sell, deliver or otherwise transfer a handgun or handgun ammunition to any person the transferor knows or has reasonable cause to believe is under the age of 18. 18 U.S.C. § 922(x)(1), (3) and (5). Federal law provides no age limitations with respect to the sale of a long gun by an unlicensed person.
|
 |
|
No relevant statutes currently exist.
|
 |
|
No relevant statutes currently exist.
|
 |
|
Missouri law prohibits any person from selling, leasing, loaning, exchanging, giving away or otherwise delivering any concealable firearm, unless he or she first demands and receives from the person purchasing or otherwise receiving the firearm a valid permit to acquire the firearm. Mo. Rev. Stat. § 571.080.1(2). See the Missouri Licensing of Gun Purchasers/Owners section for requirements to obtain a permit to acquire a concealable firearm.
Missouri also prohibits any person from buying, leasing, borrowing, exchanging or otherwise receiving any concealable firearm unless he or she first obtains and delivers to the person selling or otherwise delivering the firearm a valid permit authorizing the acquisition of the firearm. Section 571.080.1(1). The permit to acquire a concealable firearm is valid for a period of 30 days after issuance. Section 571.080.2.
The person who receives the permit from a purchaser of a concealable firearm as required during the sales transaction must return it to the county sheriff within 30 days after its expiration, with a notation showing the date and manner of disposition of the firearm and a description of the firearm including the make, model and serial number. Section 571.090.5. The permit provision does not apply to the acquisition by or transfer of concealable firearms among manufacturers, wholesalers or retailers of firearms for purposes of commerce. Section 571.080.3.
Missouri also prohibits any person from:
- Knowingly selling, leasing, loaning, giving away or delivering a firearm or ammunition for a firearm to any person who, under section 571.070, is not lawfully entitled to possess the firearm or ammunition (see the Missouri Background Checks section for a list of these prohibited purchasers);
- Recklessly (as defined in section 562.016), selling, leasing, loaning, giving away or delivering any firearm to a person under age 18 without the consent of the child's custodial parent or guardian; or
- Recklessly selling, leasing, loaning, giving away or delivering a firearm or ammunition for a firearm to a person who is intoxicated.
Section 571.060.1.
|
 |
|
The sheriff of each county must keep a record of all applications for permits to acquire concealable firearms and his or her action thereon. See the Missouri Licensing of Gun Purchasers/Owners section for more information regarding a permit to acquire a concealable firearm. Any person delivering a concealable firearm must first receive the permit from the person acquiring the firearm, and must return it to the county sheriff who issued the permit within 30 days after its expiration with a notation showing the date and manner of disposition of the firearm and a description of the firearm including the make, model and serial number. Mo. Rev. Stat. §§ 571.080.1(2), 571.090.5. The sheriff must preserve all returned permits. Section 571.090.5.
In addition, section 57.408 provides that sheriffs in certain counties and in any city not within a county shall establish and make available an identification system for personal property. Anyone, upon application to the sheriff, shall be assigned an identification number to permit law enforcement officials to recover stolen property. Id.
|
 |
|
No relevant statutes currently exist.
|
|
