Forbidden carry in Missouri question
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Thread: Forbidden carry in Missouri question

  1. Forbidden carry in Missouri question

    Hi. I just got my CCW in Missouri. I just had a question about the prohibited carry places in the law (MO 571.107). It looks this list is just a suggestion almost, and really doesn't carry the force of law unless you refuse to leave when asked. Am I right about that?

    Subsection 1 subdivisions 1-17 list all of the typical places you can't carry (jails, polling places, schools, churches, casinos, etc) but then section 2 says, "Carrying of a concealed firearm in a location specified in subdivisions (1) to (17) of subsection 1 of this section by any individual who holds a concealed carry endorsement issued pursuant to sections 571.101 to 571.121 shall not be a criminal act but may subject the person to denial to the premises or removal from the premises." Then it goes on to say if you leave the premises when asked, you're basically fine.

    Is this true? Can I carry in a school or church or anywhere and not fear for prosecution?

  3. #2
    As far as a school is concerned, its a gun free zone per federal law.

  4. Of course you can NOT carry in a school or in a government building. Yes you can be prosecuted. Were you asleep during your little trainning course? You should have gotten these questions answered then.

  5. Why do you think I'm asking the question? Of course he covered this, but also included the caveat that it isn't a crime, but an infraction. Read the law above and please provide a useful answer.

  6. So then how are states now making laws that allow teachers to carry in schools? I understand about federal buildings. I'm not asking about federal buildings.

  7. When I took my Missouri CCW class it was explained the same, if asked to leave because you are carrying you have to leave or you will be charged with trespass. But obviously there are exceptions, schools, federal buildings, etc...

    I would imagine states are adding laws for exceptions for teachers to carry, not sure if the federal govt would try and fight that since is goes against the gun free school zone laws.

  8. #7
    The Federal Gun Free Zones Act of 1990 allows for exceptions for licensed carry and allows the governing school authority to make exceptions. MO statutes state in the 17 itemized list of no carry zones that any zones prohibited by federal law (item9) you can't carry. Although it states it wouldn't be a criminal offense in MO under that itemized list, I would highly suspect that you would still be charged with a federal gun charge if you violate federal law....such as a school zone...UNLESS the State or school authority makes exceptions to license holders. Most States that I know of follow federal law for firearm prohibition. I live in Maine, the laws aren't that confusing...or misleading. You should consult with a lawyer for clarification. But at the end of the day for the sake of your carry license, I wouldn't carry in those prohibited areas just because it states it wouldn't be a criminal infraction. If you break federal law, it certainly would be criminal and you would lose your license and guns.

    Gun-Free School Zones Act of 1990 - Wikipedia, the free encyclopedia

  9. #8
    Join Date
    Oct 2008
    Kalifornia & Idaho
    It depends strictly on the state. In Kalifornia it is not illegal to carry in a school as long as you have a carry permit.

  10. Don't forget the part about carrying on a bus or in a bus depot FELONY.

  11. If you have a permit Fed. law does allow you to carry on school property as long as State law is silent on the matter. This business of "well the State would probably charge you under Fed. law..." is BS. States can't make up laws that don't exist and alluding that they can or will simply does a disservice to those trying to understand exactly what the law is. Understand the law, follow it and make the authorities follow it as well. If we have to obey it so do they. I've taken the county I live in to court because they refused to issue me my CHP because I refused to provide a Social Security number. It took me exactly seven minutes to win my case and set president for the entire State.

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