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Posted: 9/18/2003 11:16:14 AM EDT
I have heard RUMORS (you know how that is) that some local small towns are trying to pass laws banning CCW, even with valid permit. This doesn't sound legal to me. Is it possible?
Link Posted: 9/18/2003 1:40:43 PM EDT
[Last Edit: 9/19/2003 7:57:20 AM EDT by AeroE]
We'll see; in Missouri, municipalities exist at the pleasure of the state (Don't believe me? Have you ever seen Missouri take over a city's finances and impose operations? I have.) and are subordinate to its laws.
Link Posted: 9/18/2003 3:50:38 PM EDT
Nope!
Locals are subordinate to the state, kinda like all states must abide by the Bill O' Rights in the US constitution. Screw the po-po, they must respect the law.
They may pass local ordinances concering minor aspects there of but they can not disregard state law.
Link Posted: 9/18/2003 4:32:01 PM EDT
I'll wager that the people responsable for the city ordinances banning open carry (like Nevada, MO) are squirming in thier seats now.
Link Posted: 9/18/2003 5:05:47 PM EDT

Originally Posted By GaryM:
Nope!
Locals are subordinate to the state, kinda like all states must abide by the Bill O' Rights in the US constitution. Screw the po-po, they must respect the law.
They may pass local ordinances concering minor aspects there of but they can not disregard state law.



That's the way I understand it also. But I could be wrong.

Eric
Link Posted: 9/19/2003 5:54:19 AM EDT
The way I understand Missouri gun laws is that local govts. can't be any stricter than state law. Can't remember the term, though. Open carry is legal in all of Missouri, but they can snag you on other laws. Public disturbance type of laws and of course brandishing a deadly weapon. I remember a guy here in Springfield that had a pawn shop and flea market over on Commercial St. He wore a side arm while at work, which is practiced by the majority of pawn shops I visit. He would have to go out in front of his store to run the bums and panhandlers off several times a day. His handgun was always holstered and never drawn, he was just wearing it. He was picked by the cops and held for "mental evaluation" the max amount of time allowed by law without an arrest(24 hrs?). Don't recall what happened in that case though.
Link Posted: 9/19/2003 8:05:29 AM EDT
[Last Edit: 9/19/2003 8:06:24 AM EDT by -Duke-Nukem-]
CZ75fan you are correct, the term is "supremacy clause" by the way. Its in the MO constitution.

The wording of the CCW statute clearly states, in the last sentence of 571.094, that "The concealed carry endorsement is valid throughout this state." Further, this potential problem is why a "shall issue" instead of a "may issue" CCW system was important to the drafters. The way the statute is written, the sheriff MUST issue an endorsement to any qualified individual who applies, and so (especially since the sheriff is a county official and not a municipal official) municipal ordinances will presumably be preeempted by this state statute.

Here is the new statute in its entirety.
www.house.state.mo.us/bills03/biltxt/truly/HB0349T.HTM

See, for a guy who flunked the bar exam I'm still not a total dumbass.
Link Posted: 9/19/2003 9:47:12 AM EDT

See, for a guy who flunked the bar exam I'm still not a total dumbass.


You'll get it next time around,-Duke-

Rick
Link Posted: 9/19/2003 11:49:22 AM EDT
Okay. As I said, it was a rumor, and I had little faith in it. I just wanted to check and see if anyone else had info.

Thanks guys!
Link Posted: 9/24/2003 5:43:20 PM EDT
Get a copy of the bill. Like private businesses a municipality may restrict carry in its own buildings. St. Louis city started such a bill last Friday. We need as many psople as possible to attend any public hearings on the matter.

There are none scheduled yet but there will have to be before it passes.

Everyone needs to do that in whatever community they live in. Businesses don't have to hold public hearings when they make a dumb decision. Governments have to at least pretend to listen.

We need to put them on notice that they will be held responsible when someone is hurt by obeying their rules.

Remind them of the Texas incedent.

The New York shooting of the alderman is being used to justify measures like the ones that failed at the New York City Hall. Go figure.

And attend a meeting at a city hall near you.
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