Firearms Laws For Missouri

As of October, 2002

A synopsis of state laws on purchase,
possession and carrying of firearms.

*Carrying concealed prohibited.

STATE CONSTITUTIONAL PROVISION

"That 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.'' Article 1, Section 23.

PURCHASE

No state permit is required for the purchase of rifles and shotguns.

It is unlawful to buy, lease, borrow, exchange, receive, sell, lease, loan, give away, deliver, or otherwise transfer a concealable firearm without a valid permit authorizing such acquisition of the firearm.

To obtain a "concealable firearm" (any firearm with a barrel less than sixteen inches in length), the person who wishes to obtain the concealable firearm must produce a "permit to acquire" to the person who provides the concealable firearm. A permit to acquire a concealable firearm is issued by the sheriff of the county where the applicant resides. A permit to acquire shall be issued by the sheriff within 7 business days if all the statements in the application are true, and the applicant:

1. is at least 21, a citizen of the U.S. and has resided in the state for at least 6 months.

2. has not been convicted of and is currently not charged with a crime punishable by imprisonment for a term exceeding one year (except for misdemeanors punishable by imprisonment of two years or less that do not involve an explosive weapon, firearm, silencer or gas gun).

3. is not a fugitive from justice.

4. has not been dishonorably discharged from the U.S. armed forces.

5. is not publicly known to be habitually in an intoxicated or drugged condition.

6. is not currently adjudged mentally incompetent and has not been committed to a mental health facility.

The permit shall recite the date of issuance, that it is invalid after thirty days, the name and address of the applicant, the nature of the transaction and a physical description of the applicant. The permit fee is not to exceed $10.00.

If the permit is used, the person who receives the permit from the applicant shall return it to the sheriff within 30 days after its expiration, with a notation showing the date and manner of disposition and a description of the firearm, including the make, model and serial number. The sheriff shall keep a record of all permit applications and shall preserve all returned permits.

If the applicant is refused a permit, such refusal shall be in writing setting forth the reasons for denial and explaining the applicant's right to appeal, and such refusal shall be provided to the applicant within 7 business days of the application. The denied applicant shall have the right of appeal by filing an appeal with the clerk of the small claims court within 10 days of receiving the written notice of denial. If, at the court hearing, the applicant shows that he or she is entitled to the permit, the court shall issue an order to cause the issuance of the permit.

It is unlawful to transfer, alter, or change a permit, or make a false notation thereon, or to obtain a permit upon false representation or to use or attempt to use a permit issued to another person.

It is unlawful to knowingly sell, lease, loan, give away or deliver a firearm or ammunition to any person who is not lawfully entitled to possess such. It is unlawful to recklessly sell, lease, loan, give away or deliver a firearm or ammunition to a person who is intoxicated. It is unlawful to knowingly sell, lease, loan, give away or deliver any firearm to a person less than eighteen years old without the consent of the custodial parent or guardian.

POSSESSION

There are no state licensing requirements for the possession of a rifle, shotgun or handgun.

It is unlawful for a person convicted of or confined for a "dangerous felony" (as defined under Missouri law) or an attempt to commit a "dangerous felony," to possess a concealable firearm for five years after such conviction or confinement. It is unlawful for a fugitive from justice, a habitually intoxicated or drugged person, or a person currently adjudged mentally incompetent to possess a concealable firearm. "Concealable firearm" means any firearm with a barrel less than sixteen inches in length.

It is unlawful to knowingly possess, manufacture, transport, repair or sell any explosive weapon, machine gun, gas gun, rifle of less than 16 inch barrel length, shotgun of less than 18 inch barrel length, rifle or shotgun of less than 26 inch overall length, silencer, switchblade, or explosive bullets. The use or possession of "metal penetrating bullets'' during the commission of a crime is a felony.

CARRYING

It is unlawful to carry concealed "upon or about his person a firearm, a blackjack, or any other weapon capable of lethal use." A weapon is "on or about a person" if it is within his "easy reach and convenient control." This prohibition does not apply to transporting a firearm in a nonfunctioning state or in an unloaded state when ammunition is not readily accessible, or while in possession of an exposed firearm or projectile weapon for the lawful pursuit of game, or to a person in his dwelling unit or upon business premises over which he has possession, authority or control, or while traveling in a continuous journey peaceably through the state. "Projectile weapon" means any bow, crossbow, pellet gun, slingshot or other weapon that is not a firearm, which is capable of expelling a projectile that could inflict serious physical injury or death by striking or piercing a person.

It is unlawful to carry any firearm openly or concealed into any church place where people have assembled for worship, or into any school, or into any election precinct on any election day, or into any government building, or into any public assemblage of persons.

ANTIQUES AND REPLICAS

Antique firearms are defined as any firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, said ammunition not being manufactured any longer; this includes any matchlock, wheel lock, flintlock, percussion cap or similar type ignition system, or replica thereof. Antique firearms are exempt from the permit requirements for the transfer of concealable firearms.

NATIONAL FIREARMS ACT FIREARMS

It is unlawful to knowingly possess, manufacture, transport, repair or sell a machine gun. "Machine gun" is any firearm that is capable of firing more than one shot automatically, without manual reloading, by a single function of the trigger .

MISCELLANEOUS

Any person who commits any felony with a dangerous instrument or deadly weapon is also guilty of the crime of "armed criminal action." A person convicted of "armed criminal action" shall be punished by imprisonment of not less than three years, which punishment shall be in addition to any punishment provided by law for the crime committed, and the person shall not be eligible for parole, probation, conditional release or suspended imposition or execution of sentence for a period of three years. A person convicted of a second offense of "armed criminal action" shall be punished by imprisonment of not less than five years, which punishment shall be in addition to any punishment provided by law for the crime committed, and the person shall not be eligible for parole, probation, conditional release or suspended imposition or execution of sentence for a period of five years. A person convicted of a third or subsequent offense of "armed criminal action" shall be punished by imprisonment of not less than ten years, which punishment shall be in addition to any punishment provided by law for the crime committed, and the person shall not be eligible for parole, probation, conditional release or suspended imposition or execution of sentence for a period of ten years.

The local board of education of each school district shall clearly establish a written policy of discipline which shall provide for a suspension for a period of not less than one year, or expulsion, for a student who is determined to have brought a weapon to school, including but not limited to the school playground or the school parking lot, brought a weapon on a school bus or brought a weapon to a school activity whether on or off of the school property in violation of district policy.

It is unlawful to knowingly deface a firearm or to knowingly possess a defaced firearm.

It is unlawful to possess or discharge a firearm or projectile weapon while intoxicated. It is unlawful to discharge a firearm within one hundred yards of any occupied school house, courthouse, or church building. It is unlawful to discharge or shoot a firearm into a dwelling house, a railroad train, boat, aircraft, or motor vehicle, or any building or structure used for the assembling of people.

It is unlawful to discharge or shoot a firearm at a mark, at any object, or at random, on, along or across a public highway or to discharge or shoot a firearm into any outbuilding. It is unlawful to discharge or shoot a firearm at or from a motor vehicle, while within any city, town, or village, and to discharge or shoot a firearm at any person, or at any other motor vehicle, or at any building or habitable structure, unless the person is lawfully acting in self-defense.

It is unlawful to exhibit, in the presence of one or more persons, any weapon readily capable of lethal use in an angry or threatening manner.

No unit of local government shall adopt any order, ordinance or regulation concerning 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. Ordinances which conform exactly with state firearms laws, and ordinances which regulate the open carrying of firearms readily capable of lethal use or the discharge of firearms within a jurisdiction, are not prohibited.

SOURCES:

MO Rev. Stat. secs. 21.750, 160.261, and 571.010 through 571.150