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| The following information, while every attempt has been made to insure its
accuracy, is not guaranteed. Missouri Carry is not representing itself as an attorney nor a law
enforcement officer. The information contained herein should not be construed or
characterized as a legal opinion nor be used as a substitute for a legal opinion
or consultation. All information should be verified through independent expert sources as it regards; firearms, the laws or regulations regarding firearm possession and/or concealed carry issues in Missouri or any other state. The information has been gathered from Missouri Carry member's experiences as Firearms Instructors and Concealed Carry Training Instructors as well as the opinions shared with the members from attorneys and the law enforcement community. Missouri and federal law should be read in their entirety on the issues discussed herein and questions addressed to; an attorney familiar with firearms law, the appropriate state or local law enforcement agency who are also familiar with firearms law and the use of force or deadly force, the Attorney Generals Office for the State of Missouri or, the Missouri Department of Public Safety. Furthermore, laws and regulations are always subject to judicial interpretation. |
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Acronyms
CCW - Conceal Carry Weapon, refers to a Concealed Carry endorsement, required to legally carry a concealable weapon.
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OOS - Out Of State, refers to a CCW endorsement issued from a state which the endorsement holder does not reside. Examples: Florida and Utah.
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AD - Accidental Discharge, refers to a discharge of a firearm that was not intentional. The term Accidental Discharge is used primarily by main-stream media to describe unintentional discharges by Law Enforcement Officers.
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IMHO - Common Internet chat acronym for "In My Humble Opinion"
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ND - Negligent Discharge, refers to a discharge of a firearm that was not intentional, and occurs as a result of negligence on the part of the person handling the gun. It is a popular opinion that since properly maintained and functioning gun doesn't discharge by itself just setting on a table, that 99 44/100% of all such accidents are actually Negligent and not Accidental Discharges
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PTA - Permit To Acquire (a concealable weapon). A permit required to purchase a handgun in Missouri, obtained through the Sheriff's department of the county in which you reside. The requirement for this permit has been eliminated as of August 28, 2007 with the passage of SB62 by the 94th General Assembly.
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LEO - Law Enforcement Officer, police officer, sheriff, deputy, etc...
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NICS - National Instant Criminal (background check) System. A federal database system to check eligibility to purchase a firearm. The NICS system is used by all FFL holders on all handgun or long gun sales in the state of Missouri to verify the purchaser can legally purchase the weapon. The NICS system was a result of Brady Handgun Violence Prevention Act, passed in 1993. NICS Website.
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BATFE - Bureau of Alcohol, Tobacco Firearms and Explosives (ATF) is a United States federal agency; more specifically a specialized law enforcement and regulatory organization within the United States Department of Justice. Its responsibilities include the investigation and prevention of federal offenses involving the unlawful use, manufacture, and possession of firearms and explosives, acts of arson and bombings, and illegal trafficking of alcohol and tobacco products. The ATF also regulates via licensing the sale, possession, and transportation of firearms, ammunition, and explosives in interstate commerce. Many of ATF's activities are carried out in conjunction with task forces made up of state and local law enforcement officers, such as Project Safe Neighborhoods.
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FFL - Federal Firearms License is a license that enables an individual or a company to engage in a business pertaining to the manufacture of firearms and ammunition or the interstate and intrastate sale of firearms. Holding an FFL to engage in certain such activities has been a legal requirement within the United States of America since the enactment of the Gun Control Act in 1968
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Class 3 Weapon - There are two kinds of firearms under U.S. (federal) law, title 1 firearms and title 2. Title 1 firearms are long guns (rifles and shotguns), handguns, firearm frames or receivers, and most NFA weapons are also title 1 firearms. Title 2 weapons are NFA weapons. Title 2 of the 1968 Gun Control Act is the National Firearms Act (26 USC sec. 5801 et seq.), hence NFA. Title 1 is generally called the Gun Control Act, (18 USC sec. 921 et seq.). NFA weapons are sometimes called class 3 weapons, because a class 3 SOT (see below) is needed to deal in NFA weapons.
NFA weapons are: machine guns, sound suppressors (a.k.a.
silencers), short barreled shotguns, short barreled rifles, destructive devices
and "any other weapons". A machine gun is any gun that can fire more than one
shot with a single pull of the trigger, or a receiver of a machine gun, or a
combination of parts for assembling a machine gun, or a part or set of parts for
converting a gun into a machine gun. A silencer is any device for muffling
the gunshot of a portable firearm, or any part exclusively designed or intended
for such a device (see discussion below). A short barreled shotgun is any
shotgun (shoulder fired, smooth bore) with a barrel of less than 18" or an
overall length of less than 26", or any weapon made from a shotgun falling into
the same length parameters. A short barreled rifle is a rifle
(shoulder fired, rifled bore) with a barrel length of less than 16", or an
overall length of less than 26", or any weapon made from a rifle falling
into the same length parameters (like a pistol made from a rifle). In
measuring barrel length you do it from the closed breech to the muzzle, see 27
CFR sec. 179.11. To measure overall length do so along, "the distance
between the extreme ends of the weapon measured along a line parallel to the
center line of the bore." 27 CFR sec. 179.11. On a folding stock
weapon you measure with the stock extended, provided the stock is not readily
detachable, and the weapon is meant to be fired from the shoulder. A
destructive device (DD) is a explosive, incendiary or poison gas weapon, or any
firearm with a bore over 1/2", with exceptions for sporting shotguns, among
other things (see discussion below). Any other weapons (AOW's) are a
number of things; smooth bore pistols, any pistol with more than one grip, (but
see below) gadget type guns (cane gun, pen gun) and shoulder fired weapons with
both rifled and smooth bore barrels between 12" and 18", that must be manually
reloaded (see discussion below). These definitions are simplified, to see
if a specific gun is a title 1 or 2 firearm one needs to refer to the specific
definition under the statute(s), and possibly consult with the Technology Branch
of ATF. There is also case law on the issue of whether a specific
item falls into one of these categories.
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C & R - Curio and Relic.
As set out in Title 27 Code of Federal Regulations (CFR), Part 178, S178.11, the term ''curio or relic includes certain firearms or ammunition which are of special interest to collectors by way reason of some quality other than is ordinarily associated with firearms intended for sporting use or as offensive or defensive weapons. To be recognized as curios or relics, firearms must:
ATF has previously determined that any firearm which was actually manufactured more than 50 years prior to the current date, automatically qualifies as a curio or relic and it is not necessary for such firearms to be listed in the ATF Firearms Curio & Relic List for it to be included.
You are encouraged to contact ATF for confirmation that a firearm qualifies as a curio or relic. We have frequently encountered instances in which individuals have incorrectly dated a firearm due to misidentification of the firearm, erroneous reference material, or for various other reasons. It would be unlawful for a licensed collector to received {cqt} or transfer a firearm in interstate commerce as a curio or relic if it did not meet the definition in the cited section.
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SOT - Special Occupational Taxpayer, a person with a Class 3 FFL license.
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NFA Weapons - See Class 3 Weapons
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Concealed Carry Questions
Do I have to have the gun I want to carry before I get my endorsement? - No. The CCW endorsement in Missouri is not linked to a particular handgun. You may carry any legal handgun that you own with your CCW endorsement.
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Will I be able to carry in [state] with my Missouri endorsement? - Reciprocity with other states is a dynamic issue. It is dependent upon a letter of agreement between the Attorney General of the State of Missouri and the other state. Laws concerning when and where CCW is permitted in other states and the penalties for infractions are different with each state also. Even though [state] may allow you to carry in their state on your Missouri endorsement, you still need to do it according to their laws. It is up to you to research the laws concerning CCW for the states you will be carrying in. Ignorance is no excuse of the law. A current list of states in which Missouri has reciprocity can be found HERE or HERE.
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Can I Open Carry in Missouri? - Although Open Carry is legal in the State of Missouri, many municipalities can and have passed ordinances prohibiting it within their jurisdictions. To be safe, check with the local authorities before attempting to Open Carry. Covered under Missouri Statute RSMo 21.750.
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I will be moving to Missouri soon. What do I need to do to get a Missouri carry endorsement? - The requirements to obtain a Concealed Carry Weapons endorsement in the state of Missouri are:
When processing your endorsement at the DoR, be mindfull of the Show Me Proof Missouri identification requirements. Requirements are covered under Missouri Statute RSMo 571.101
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I will be moving to Missouri soon. I currently have a CCW endorsement from [state] where I live now. Will I be able to carry in Missouri on that endorsement? - Unless your current endorsement is an OOS endorsement recognized by your current state and Missouri, No. If you carry a resident endorsement issued by your current state of residence, once you move to the state of Missouri, you are no longer a resident of that state, and their resident CCW endorsement would be invalid, as well as their Drivers License, etc... you must apply for new license(s) in Missouri. Remember also, you must be a Missouri resident for 6 months to apply for a CCW endorsement (unless you are in the military or the spouse of military).
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Will my military training suffice for my CCW endorsement? - After August 28, 2007, if you have received FFDO training (Federal Flight Deck Officer), a certificate indicating completion of the FFDO course will suffice for the CCW training requirement, otherwise you must take a training course from an instructor teaching a Missouri approved curriculum.
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Where do I have to go to get my endorsement? - You must apply for your CCW endorsement at the Sheriff's office of the county in which you reside.
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What Are The Laws Regarding “Self Defense”? When Can I Use A Firearm To Protect Myself Or Someone Else In Missouri? - This is a tough question to answer and is subject to a whole variety of factors. This is best discussed with your instructor during your training course. Details are covered under MO law RSMo 563
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What do I have to do if I move after getting my endorsement? - You need to notify the Sheriff's office of the county you are moving from, and the county you are moving to. You also need to go to the Department of Revenue to update the address on your Drivers License or Non-Drivers License ID card. Covered by RSMo x.xx
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Can I carry in [business]? - Missouri Law defines certain locations where carrying a concealed weapon is prohibited. These include:
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* Without prior consent and approval. |
Additionally, private businesses can prohibit concealed carry within their business if they post "No Concealed Carry" signs clearly at the entrance to the building. Businesses we have found to post these signs can be reviewed on the MissouriCarry Boycott List. Locations prohibited by law are covered by RSMo 571.107, RSMo 578.305 and Federal Law.
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Do I need a CCW to carry in my automobile? - No. Anyone age 21 or over, and otherwise legally able to own a handgun may carry that handgun concealed or not concealed in the passenger compartment of their automobile, loaded. . It only applies when the person is inside the vehicle. If you step out of the vehicle for any reason with the firearm concealed on your person and do not have a concealed carry endorsement, you may be at risk of being charged with a felony. Your best choice is get a concealed firearm endorsement if you intend to carry a firearm in your vehicle. Covered by RSMo 571.030.1.3 and the Missouri Highway Patrol, Missouri Concealed Weapons Laws (SHP 863).
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What are the differences between Missouri's CCW and Utah or Florida's OOS endorsement?
| Missouri | Utah | Florida | |
| Age: | 23 | 21 | 21 |
| Cost: | $76.00 – $ 100.00 (determined by County) | $59.00 | $117.00 |
| Duration: | 3 Years | 5 Years | 5 Years |
| Fingerprints: | Yes | Yes |
Yes |
| Training: | Yes (Specific, 8 Hours, Firing Qual) | Yes (Specific) | Yes (or DD 214, Hunter Safety Card) |
| Format: | Endorsement on DL or State ID Card | ID Card | ID Card |
| Privacy: | Yes, except to personnel with MULES database access | Yes | Yes |
| Renewal: | Up to $50.00, No prints | $10.00, No prints |
$107.00, More Prints for Non-Res |
| Non-Res Permit: | No | Yes | Yes |
| Shall Issue: | 45 days | 60 Days | 90 Days |
| Average Turnaround: | 28 - 45 Days | 100 + Days | 60 - 90 Days |
| Reciprocity/Recognition: | 32 States - AL, AK, AR, AZ, CO, DE, FL, GA, ID, IN, KS, KY, LA, MI, MN, MO, MS, MT, NC, ND, NH, NM, OH, OK, PA, SC, SD, TN, TX, UT, VA, VT | 28 States - AL, AK, AR, AZ, DE, GA, ID, IN, KY, LA, MN, MO, MS, MT, NC, ND, NM, OH, OK, PA, SD, TN, TX, UT, VA, VT, WA, WY | 27 States - AL, AK, AR, AZ, DE, FL, GA, ID, IN, KY, LA, MO, MS, MT, NC, ND, NM, OH, OK, PA, SD, TN, TX, UT, VT, VA, WY |
(Note: Current as of 6/29/2007)
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When is the next CCW training class in [city]? - Missouri Carry provides a list of reputable instructors in each area of the state, but we do not monitor the individual class schedules of each instructor. Links to the instructors are found on the home page of the Missouri Carry web site. It is up to the individual to contact an instructor and inquire as to their schedule.
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Should I get my Missouri CCW Endorsement on my drivers license or a separate ID card? - Although either option is perfectly legal, many prefer to obtain a separate non-drivers ID to show their CCW endorsement. A drivers license is used many times for proof of ID, when signing checks, etc... and you may not always wish that the other party be aware of the possibility of you carrying. Also, certain jurisdictions retain your drivers license if you've been cited for speeding until the fine is paid. If your endorsement is on your drivers license, you have lost proof of your endorsement until that fine is paid.
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Do I have to be 23 years old to carry concealed in Missouri - Missouri law requires a person be 23 years old to obtain a Missouri Concealed Carry Endorsement. Missouri also recognizes CCW endorsements from other states. If a Missouri resident opts to obtain a Utah or Florida OOS endorsement those states issue at 21 years of age, and Missouri recognizes those endorsements.
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Will the Missouri CCW endorsement process recognize my Department of Corrections weapons training - The Department of Corrections weapons training will not suffice for the training requirement for a Missouri Concealed Carry Endorsement, however; DOC officers belong to a class that is allowed by law to carry concealed without an endorsement due to their occupation. Specifics as to who are allowed is enumerated in the exceptions section of RSMo 571.030 .2(2)
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General
Am I able to purchase a rifle or handgun? - After August 28, 2007 a person must only be approved through NICS for purchase of a firearm. The federally prohibitive criteria outlining the reasons an individual may be precluded from the transfer/possession of a firearm or firearm-related permit, pursuant to Title 18 U.S.C., §§ 922 (g) and (n), are as follows:
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Who do I need to contact about xxxxx? - The four links below will take you to look-up forms for your individual representatives. You will need to know your 5+4 Zip Code for proper identification.
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Do I need a PTA to sell my pistol to my son? - Before August 28, 2007, any transfer of a concealable weapon from the owner to anyone else (including your own child) requires a PTA. After August 28, 2007 No.
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Do I need a PTA to inherit a pistol from my grandfather’s estate? - Before August 28, 2007, any transfer of a concealable weapon, even through an estate requires a PTA. After August 28, 2007, No.
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Should I get a Bill of Sale if I sell a pistol privately? - As of 28 August, 2007 it is no longer necessary to get a permit from the sheriff before buying a handgun. If an individual buys a handgun from a licensed dealer, the dealer will run the buyer through the National Instant Check System (NICS). That is all.
If an individual buys a gun at a gun show, the dealer will
run the buyer through NICS. People will say differently, they are lying. If an
individual inherits a handgun within Missouri, the executor of the estate only
needs to give the gun to the heir. If the estate is outside of Missouri, the
heir must comply with the laws of the other state. This is best done by having a
licensed dealer transfer the gun to a dealer in Missouri. Federal law allows the
gun to be transferred directly to the heir, however, this is one area where
state law can be more complex.
If an individual buys a handgun from an individual, there is no requirement to
run a NICS check. The gun is transferred like any other piece of property. It is
not legally possible to run a NICS check unless the dealer is transferring the
gun. If the buyer and seller do not know each other it would be a good idea to
have a licensed dealer transfer the gun. The dealer will then do a NICS check.
This gives the Seller a piece of government paperwork showing that he did not
sell to a prohibited person. The Buyer gets a piece of government paperwork
showing that he was not knowingly buying a stolen gun. The dealer will charge a
fee, but it is cheap insurance.
A bill of sale should be considered minimum documentation of a sale. One of my
clients had his gun come to the attention of the police. At some point in its
history it had been stolen and placed on the national list. There were some
complications involving handcuffs and a holding cell before he could demonstrate
that he did not steal the gun and did not know it was stolen. Documentation
helps prove these elements.
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BILL OF SALE
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Can I purchase a fully automatic
rifle or pistol? -
Possibly. First, a potential buyer must have a C&R FFL License. A
C&R does not automatically grant you the
right to acquire an automatic weapon. They are not illegal in Missouri but a
specific procedure must be followed.
It has been unlawful since 1934 (The National Firearms Act) for civilians to own
machine guns without special permission from the U.S. Treasury Department.
Machine guns are subject to a $200 tax every time their ownership changes from
one federally registered owner to another, and each new weapon is subject to a
manufacturing tax when it is made, and it must be registered with the Bureau of
Alcohol Tobacco and Firearms (BATFE) in its National Firearms Registry.
To become a registered owner, a complete FBI background investigation is
conducted, checking for any criminal history or tendencies toward violence, and
an application must be submitted to the BATFE including two sets of
fingerprints, a recent photo, a sworn affidavit that transfer of the NFA firearm
is of "reasonable necessity," and that sale to and possession of the weapon by
the applicant "would be consistent with public safety."
The application form also requires the signature of a chief law enforcement
officer with jurisdiction in the applicant's residence.
Since the Firearms Owners' Protection Act of May 19, 1986, ownership of newly
manufactured machine guns has been prohibited to civilians. Machine guns which
were manufactured prior to the Act's passage are regulated under the National
Firearms Act, but those manufactured after the ban cannot ordinarily be sold to
or owned by civilians.
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I am a legal alien. Can I
purchase a rifle or handgun? - As long as
you are not otherwise prohibited from purchasing or possessing firearms and
ammunition (for example, a felon), Federal law does not prohibit an immigrant
(green card) alien from purchasing or possessing firearms or ammunition.
However, your alien number or admission number must go on the Form 4473 and
provide the FFL with documentation establishing that you have resided in a state
for at least 90 days preceding the transaction.
In Missouri however based on the PTA section of RSMo 571, you have to be a US
Citizen to purchase and possess a handgun in
this state. Therefore Missouri resident aliens could not purchase a
handgun. Since the PTA requirement no longer exists after August 28, 2007
the only requirements to purchase are the Federal requirements and there will be
nothing keeping a legal alien from purchasing a firearm as long is it is legal
under federal law.
You will not however be able to get a CCW
endorsement (from Missouri anyway), because that section of RSMo 571 still says
they must be a US Citizen.
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