Gun Laws in Missouri for Homesteaders
Understanding Your Rights and Responsibilities
Missouri stands among the states with a robust tradition of supporting Second Amendment rights, an aspect that is particularly evident in its gun laws. Homesteaders, individuals who strive for self-sufficiency through their residence and land, should be aware of the local regulations as they pertain to firearms. In 2017, Missouri reinforced its commitment to gun rights by becoming a "constitutional carry" state, thus no permit is required for the concealed or open carrying of firearms for law-abiding citizens. The state does not necessitate registration of firearms and does offer permits for those seeking reciprocity with other states.
Understanding gun laws is essential for Missouri homesteaders who balance the independence of rural living with compliance to state and federal regulations. While the state espouses lenient gun laws, certain restrictions still apply. For instance, Missouri law prohibits the transfer of firearms or ammunition to individuals who are legally barred from possession. Moreover, there are no licensing requirements for mere possession of a firearm. The state also passed the "Second Amendment Preservation Act (SAPA)" highlighting a complex interplay between state and federal jurisdictions, where Missouri law enforcement agencies are disincentivized from enforcing federal gun laws that conflict with state policies.
Homesteaders in Missouri must therefore navigate the state's gun laws with a clear understanding that while the state provides a degree of freedom regarding firearms, specific legal stipulations must be followed to ensure they remain within the confines of the law. This includes recognizing the limitations placed on transactions involving certain individuals, as well as staying informed on the potential impact of state legislation on the enforcement of federal gun laws.
Overview of Missouri Gun Laws
Missouri has established laws regulating firearms ownership and use, ensuring citizens' Second Amendment rights while imposing certain restrictions. These laws interact with federal regulations to form a comprehensive legal framework for gun ownership.
State Law vs. Federal Law
Missouri law operates alongside federal laws governing firearms. The Second Amendment Preservation Act (SAPA) asserts the state's power to refuse enforcement of federal gun laws considered to infringe on citizens' Second Amendment rights. However, federal laws still apply and can be enforced by federal agencies.
Constitutional Carry and Permitless Carry
Missouri is a constitutional carry state, meaning that no permit is required to carry a concealed or open firearm. After the passage of SB 656 in 2016, the state allows for permitless carry, although permits are still issued for reciprocity with other states, including Kansas, Arkansas, and others that recognize Missouri's permits.
Firearm Registration Requirements
There are no statewide firearm registration requirements in Missouri. Owners are not required to list their firearms with a state registry, and no permit is needed to purchase firearms, whether they are handguns, rifles, or shotguns.
Prohibited Firearms and Ammunition
Missouri prohibits the possession of machine guns and other fully automatic weapons unless compliant with federal laws. The ownership of certain ammunition types, such as armor-piercing rounds, is also restricted. Antique firearms, often defined as those manufactured before 1899 and incapable of using fixed ammunition, are not subject to these prohibitions.
Gun Legislation History
In recent history, Missouri has trended towards more permissive gun laws. The enactment of the Second Amendment Preservation Act (SAPA) and the adoption of permitless carry have highlighted this trend. Governor Mike Parson has been a proponent of firearm rights and has actively supported legislation like SAPA.
Interstate Recognition
Missouri acknowledges concealed carry permits from states with which it has reciprocity agreements, including, but not limited to, Kansas, Arkansas, Colorado, Louisiana, and Nevada. Conversely, these states generally recognize Missouri permits. States like New York, Connecticut, and Delaware do not have such agreements and do not honor Missouri permits.
Buying and Selling Firearms
In Missouri, the process of buying and selling firearms is straightforward but has distinct rules based on who is conducting the sale. The state permits private sales but under certain guidelines, and there are specific prohibitions in place for individuals who are not legally allowed to possess firearms.
Background Checks and Private Sales
Missouri does not require background checks for private gun sales. While federal law mandates that licensed firearms dealers conduct background checks before selling a firearm, private sellers are not bound to this requirement. It's important for both buyers and sellers to be aware that:
Private sellers should ensure that the buyer is not a prohibited person.
Prohibited persons include felons, fugitives, individuals dishonorably discharged from the military, individuals with restraining orders, and those adjudged mentally defective.
Dealers vs. Private Sellers Regulations
A firearms dealer must abide by specific regulations, including:
Conducting background checks via the National Instant Criminal Background Check System (NICS).
Keeping records of all transactions.
Conversely, a private seller is not required to conduct background checks or keep sale records, but they must not knowingly sell to anyone disqualified from owning a firearm, such as minors or prohibited persons.
Prohibitions for Certain Individuals
Missouri law clearly identifies individuals who are prohibited from purchasing or possessing firearms. These include individuals:
Convicted of a felony.
Considered a fugitive from justice.
With a mental health history that includes confinement or adjudication.
Who are minors, unless given consent by a parent or guardian.
Dishonorably discharged from the armed forces.
Subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner.
Buyers should be aware that even in private sales, selling a firearm to a prohibited individual is a criminal offense. Sellers are recommended to use a bill of sale and check photo identification to help ensure the buyer is legally eligible to purchase a firearm.
Ownership and Carrying
In Missouri, understanding the laws governing the ownership and carrying of firearms is crucial for homesteaders prioritizing self-defense and exercising their Second Amendment rights. These regulations encompass open carry and concealed carry, as well as permit requirements and limitations in certain locations.
Open Carry and Concealed Carry Laws
Missouri authorizes the open carrying of firearms without the need for a state permit, and in 2017, it also became a "constitutional carry" state, allowing individuals to conceal carry firearms without a permit. However, the carry of a concealed firearm still requires adherence to specific laws if crossing state lines due to reciprocity agreements.
Open Carry: Legal without a permit
Concealed Carry: Legal without a permit within Missouri
Permits and Licensing
Despite the allowance for unpermitted carry, Missouri offers CCW permits ("Shall Issue" policy) for residents who wish to carry concealed firearms in states that recognize Missouri's permits. There is no owner license or registration required for firearms.
CCW Permits: Available for reciprocity purposes
Ownership License: Not required
Gun Registration: Not required
Carrying at Restricted Locations
Missouri law restricts carrying firearms, even with a permit, in certain locations such as law enforcement facilities, courthouses, and within 25 feet of a polling place on election day. Homesteaders must ensure they are knowledgeable about these prohibitions.
Law Enforcement Offices: Carrying prohibited
Polling Places: Prohibited within 25 feet during elections
Courthouses, Jails: Carrying prohibited
Possession by Minors and Prohibited Individuals
The possession of handguns by minors is typically restricted, and individuals who are convicted felons, addicted to a controlled substance, or have been deemed unfit by the law are barred from firearm possession under Missouri statutes.
Minors: Restricted possession
Convicted Felons, Substance Abusers: Prohibited from possession
Self-Defense and Property Protection
Missouri laws provide robust frameworks for the use of force in self-defense and property protection. These laws ensure that individuals, particularly homesteaders, understand their rights in defending themselves and their property.
Stand Your Ground and Castle Doctrine
Missouri's Stand Your Ground law allows individuals to use deadly force if they reasonably believe such force is necessary to protect themselves against death, serious physical injury, or a forcible felony. Crucially, this law affirms that there is no duty to retreat when confronted with the threat in a place where one has a legal right to be, including public spaces.
The Castle Doctrine, on the other hand, is specific to the defense of one's home or dwelling. Under this doctrine, persons are legally recognized to have the right to use force, including deadly force, against an intruder without the obligation to retreat. This applies when the resident reasonably believes the intruder intends to commit an unlawful act involving force or a violent felony.
Use of Force in Self-Defense
When it comes to self-defense, Missouri law details the justifiable use of force—whether lethal or non-lethal. A person may use force to protect:
Themselves when there is an immediate threat of harm.
Others if they believe that force is necessary to defend against imminent harm.
Property but with more restrictions, typically allowing reasonable non-deadly force to prevent theft or damage.
Homesteaders should be aware that misuse of self-defense claims, especially involving lethal force, can result in legal scrutiny by law enforcement. Claims of self-defense must align with the reasonable belief of imminent threat as outlined by state self-defense laws.
Local Regulations and Restrictions
Missouri's approach to firearm regulation provides a mix of state-level preemption of local ordinances and specific journey laws, without explicit bans on assault weapons or magazine capacity restrictions. Understanding the nuanced interplay between state and local laws is essential for homesteaders.
State Preemption and Local Ordinances
Missouri law, under RSMo 21.750, establishes state preemption over local regulations regarding the possession and transportation of firearms. It indicates that local governments cannot enact ordinances that are more restrictive than state laws. However, RSMo 571.030 specifies certain places where firearms may not be carried, such as schools and places of worship, irrespective of local rules.
Peaceable Journey and Travel Laws
Missouri recognizes the peaceable journey law, which allows individuals to carry firearms in their vehicles regardless of local ordinances, provided they are legally in possession of the firearm. This includes non-residents of the state traveling through Missouri, making it critical for homesteaders to be aware of RSMo 571.037, ensuring they adhere to state guidelines on transportation and concealment within vehicles.
Assault Weapon Laws and Magazine Restrictions
In Missouri, there are currently no state laws that define or regulate assault weapons or magazine capacity. Federal regulations, such as the National Firearms Act (NFA), still apply to designated NFA weapons, which include certain automatic firearms and other regulated items. Homesteaders must comply with federal laws when acquiring or possessing NFA-regulated firearms and accessories.
Legal Considerations for Homesteaders
Missouri's gun laws offer a degree of freedom for homesteaders aiming to be responsible gun owners. They operate under what is known as constitutional carry, which means no permit is required to carry a firearm openly or concealed on their property. However, when buying a handgun, federal law mandates background checks from licensed dealers.
Purchasing Firearms:
Federal law requires background checks on all firearms from licensed dealers
Private sales and transfers are not subject to background checks under state law
Carry Permits and Reciprocity:
No permit necessary for open or concealed carry on own property
Permits available for reciprocity with other states
Mental Health and Ownership:
Missouri prohibits firearm possession by individuals committed to mental health facilities
Voluntary mental health treatment does not necessarily prohibit firearm possession
Homesteaders should be vigilant of changes to regulation, as recent legislation such as the Second Amendment Preservation Act can create discrepancies between state and federal gun enforcement within Missouri. They should also be aware of the potential fines levied against law enforcement for enforcing federal gun laws, which can further complicate the regulatory environment.
Homesteaders are encouraged to educate themselves on both state and federal firearm regulations to ensure they remain law-abiding citizens. It is crucial to responsibly manage their firearms, particularly in the context of mental health, to prevent accidents or legal issues on their land.