Posted: 10/12/2011 4:40:39 PM EDT
|
I was asked some questions today by a non-ccw permitee:
First Question: If wearing a gun on a motorcycle, but it is covered by your jacket, is it concealed? my half-assed answer: I assume yes, but this is allowed as 'car carry'? I presume if you take the jacket off when off the bike, you are now Open Carry? Second question: If you have a gun on your belt in a covered holster, ie: old school USGI Flap Holster or some of the newer tactical jobs have a cover over them, is it concealed or still open carry? If the pistol is in a bag, is it now concealed? This is more general, not just when on a bike. my half-assed answer: Not sure on the holster, I suppose if it 'looks like a holster with a gun in it' it would be considered Open carry. I think having a loaded gun in a bag is Concealed, period, regardless of where you're at or going (Unless it's in the car under Car Carry.) So....opinions? |
|
For Missouri: Concealed is concealed, it doesn't matter where, how or in what. Under your jacket in the car? Concealed. In your man purse? concealed.The question is where you can and can not carry a concealed weapon with or without a permit. In your car you can carry a concealed weapon with out a permit as long as you may otherwise posses it. Out of your car/home/business/property you must have a permit to carry a concealed weapon. Open carry varies from place to place. I do not believe (not 100%, just 80%) that a motorcycle will cover you for 'car carry' (get a permit, and your golden) A holster with a flap is still open carry, technically by the letter of the law I think your good, but going to court and arguing that in front of a jury of non-gun enthusiast is a losing battle in my mind. Edit to add a few thoughts/opinions: to the best of my knowledge the motorcycle (and possibly boats and even convertibles) issue is not clearly defined in the law, this is probably something that someone should try to get a legislator to clear up, or perhaps let it be until case law catches up. |
| I haven't checked the fine print on the CCW laws but was told by instructors and law enforcement that a motorcycle is just like an automobile when it comes to concealed carry. You can have a pistol on you or in a saddle bag without a permit on the bike but it better not be on you when you get off the bike (without a permit). Double check the status on motorcycles versus cars. Best bet is to get your CCW and not worry about it. |
|
Quoted: I haven't checked the fine print on the CCW laws but was told by instructors and law enforcement that a motorcycle is just like an automobile when it comes to concealed carry. You can have a pistol on you or in a saddle bag without a permit on the bike but it better not be on you when you get off the bike (without a permit). Double check the status on motorcycles versus cars. Best bet is to get your CCW and not worry about it. Ding Ding Ding |
|
Quoted:
Quoted:
I haven't checked the fine print on the CCW laws but was told by instructors and law enforcement that a motorcycle is just like an automobile when it comes to concealed carry. You can have a pistol on you or in a saddle bag without a permit on the bike but it better not be on you when you get off the bike (without a permit). Double check the status on motorcycles versus cars. Best bet is to get your CCW and not worry about it. Ding Ding Ding  
|
|
It is legal in the state of Missouri to carry a concealable handgun in the passenger compartment of an automobile, truck, motorcycle or motorboat without a concealed carry endorsement as long as the handgun is not displayed in areas where there is an ordinance against open carry.
The problem with a motorcycle is that it has a very small passenger compartment. So without a concealed carry endorsement the rider has the problem of getting the handgun into or out of the passenger compartment without exposing the gun in areas that do not allow open carry. If the gun is loaded and concealed, and the person does not have a CCW, then they could be charged under 571.030, if caught. Even carrying loaded, in a bag, would be considered concealed. As mentioned by others, a flap covered holster is still considered open carrying. |
|
Quoted:
It is legal in the state of Missouri to carry a concealable handgun in the passenger compartment of an automobile, truck, motorcycle or motorboat without a concealed carry endorsement as long as the handgun is not displayed in areas where there is an ordinance against open carry. I asked a similar question a while back pertaining to boats and I decided to email the Missouri State Water Patrol. The answer I got differs from your response above. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––- My email read: My name is Xxxxxx Xxxxxxxxx and I am a current and legal CCW holder for the state of Missouri. I was wondering where I could find information as far as CCW and carrying a concealed weapon in relation to being on the water. I did a quick search of the Missouri State Statutes and came up with a blank. Any help would be greatly appreciated. Thanks in advance.... Xxxxxx Xxxxxxxxx ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––- The reply: If you have your ccw you can carry on the boat. The exception that allows those without their ccw to carry in cars does not translate over to boats. Sgt. Jerry Callahan Director of Public Information / Legislative Liaison Missouri State Water Patrol 573-751-3333 |
|
Perhaps an email to the MOAG may be in order here? 571.030(3) Subdivisions (1), (5), (8), and (10) of subsection 1 of this section do not apply when the actor is transporting such weapons in a nonfunctioning state or in an unloaded state when ammunition is not readily accessible or when such weapons are not readily accessible. Subdivision (1) of subsection 1 of this section does not apply to any person twenty-one years of age or older transporting a concealable firearm in the passenger compartment of a motor vehicle, so long as such concealable firearm is otherwise lawfully possessed, nor when the actor is also in possession of an exposed firearm or projectile weapon for the lawful pursuit of game, or is in his or her dwelling unit or upon premises over which the actor has possession, authority or control, or is traveling in a continuous journey peaceably through this state. Subdivision (10) of subsection 1 of this section does not apply if the firearm is otherwise lawfully possessed by a person while traversing school premises for the purposes of transporting a student to or from school, or possessed by an adult for the purposes of facilitation of a school-sanctioned firearm-related event. The problem is I can't find a definition of motor vehicle in 571.030(1(9)) refers to a motor vehicle as defined by 301.010. If you dig through 301.010 enough you can find that 301.010(34) says: "Motor vehicle", any self-propelled vehicle not operated exclusively upon tracks, except farm tractors; Which should include boats, motorcycles, cars, hell even planes and helicopters (although that is probably an FAA issue), and as for boats you run into further issue if you cross areas under the control of the corp of engineers. The problem I can see is the passenger compartment issue, what constitutes that? |
|
Quoted:
Quoted:
It is legal in the state of Missouri to carry a concealable handgun in the passenger compartment of an automobile, truck, motorcycle or motorboat without a concealed carry endorsement as long as the handgun is not displayed in areas where there is an ordinance against open carry. I asked a similar question a while back pertaining to boats and I decided to email the Missouri State Water Patrol. The answer I got differs from your response above. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––- My email read: My name is Xxxxxx Xxxxxxxxx and I am a current and legal CCW holder for the state of Missouri. I was wondering where I could find information as far as CCW and carrying a concealed weapon in relation to being on the water. I did a quick search of the Missouri State Statutes and came up with a blank. Any help would be greatly appreciated. Thanks in advance.... Xxxxxx Xxxxxxxxx ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––- The reply: If you have your ccw you can carry on the boat. The exception that allows those without their ccw to carry in cars does not translate over to boats. Sgt. Jerry Callahan Director of Public Information / Legislative Liaison Missouri State Water Patrol 573-751-3333 This is great information and thank you for sharing it. So, according to the Mo. State Water Patrol a person cannot conceal carry without an endorsement in a motor boat. The funny thing is that the statutes show a motor boat to be considered as a motor vehicle. So I guess it will take a court case to sort out the difference in opinions. [sarcasm] Isn't the law just wonderful! [/sarcasm] |