OpenCarry.org - Discussion Forum Home
 Search       Members   Calendar   Help   Home 
Search by username
Not logged in - Login | Register 








Peaceable Journey Traffic Stop
 Moderated by: jpierce  
 New Topic   Reply   Print 
AuthorPost
deepdiver
Activist Member


Joined: Mon Apr 2nd, 2007
Location: Missouri USA
Posts: 4755
Status:  Offline
 Posted: Tue Mar 24th, 2009 02:25 am
 Quote  Reply 
Donnykc wrote: Steelviper wrote: Carnivore wrote:
Didn't scared shotless type that the officer told him to keep his hands clear, and the officer would remove his wallet from his pocket? that causes me to understand that scared shotless was carrying in an IWB holster on his person on the same side or near where he wears his wallet, therefore if he has no CCW permit, and was wearing an IWB holster w/ a firearm holstered in it he was carrying concealed illegal.. 

Ok. Let's recap.

1. Scared_shotless was carrying concealed.
2. It's a crime to carry concealed weapons.
3. #2 does not apply if shotless is:
a. over 21
b. in his car
c. so long as such concealable firearm is otherwise lawfully possessed

So he was carry concealed, he doesn't have a permit, but since he's in his car and over 21 he's legal. Missouri CCW law is actually great that way.
After the castle doctrine was expanded to include a citizens car. it makes a weapon not concealed till the moment the citizen steps out of his or her car.
Actually that is not quite correct.  RsMO 571.030(3) does not "make a weapon not concealed", but rather exempts one from certain parts of the "A person commits the crime of unlawful use of a weapon if" list, including "Carries concealed upon or about his or her person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use" under the condition that "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... or is traveling in a continuous journey peaceably through this state".   In other words, it makes carrying concealed without a CCW under certain circumstances not illegal.
http://www.moga.mo.gov/statutes/C500-599/5710000030.HTM

blogman69
Regular Member
 

Joined: Mon Mar 30th, 2009
Location:  
Posts: 1
Status:  Offline
 Posted: Tue Mar 31st, 2009 03:32 am
 Quote  Reply 
I still have concerns about OC while on the Harley.

guardian57
Regular Member


Joined: Sat May 23rd, 2009
Location: Missouri USA
Posts: 4
Status:  Offline
 Posted: Sun May 24th, 2009 07:03 pm
 Quote  Reply 
I got this story from a LEO buddy of mine.

One of the other officers on the force walked into a convenience store and sees a 23yo, white male playing a pinball machine. The young man has a semi-auto pistol in a IWB holster, in the 11 o'clock position. The officer arrests the young man, for CCW.

During arraignment, the judge asked the officer how he knew the accused was carrying a concealed weapon. The officer replyed,"Because I saw it, your Honor". To which the judge said, "If you could see it, it wasn't concealed. Case dismissed"

Richieg150
Regular Member


Joined: Wed Nov 22nd, 2006
Location: Lees Summit, Missouri USA
Posts: 72
Status:  Offline
 Posted: Mon May 25th, 2009 07:48 pm
 Quote  Reply 
That Judge deserves a pat on the back,for doing what was right,I wish I knew the Judges name!


 Current time is 01:59 pm
Page:  First Page Previous Page  1  2  3   





Powered by WowBB 1.7 - Copyright © 2003-2006 Aycan Gulez