Firearm Laws In Missouri Explained

General Overview

• Liabilities with a Firearm:
  • Missouri holds its citizens to a duty of the highest degree of care while using firearms.
  • Insurance policies cover those liable for negligent shootings where somebody is injured, but will not cover those who intend to shoot another.
• Conceal and Carry/Open Carry:
  • Missouri allows its citizens to conceal and carry a firearm if they have a valid conceal and carry permit, a conceal and carry endorsement issued prior to August 28, 2013, or has a conceal and carry permit or endorsement issued by another state or political subdivision.
  • Missouri does not prohibit open carrying a firearm, but allows local political subdivisions to enact ordnances that do prohibit open carrying to those without a conceal and carry permit or endorsement.
• Self-Defense with a Firearm:
  • The use of deadly force in self-defense is justified when there is an unlawful and imminent threat of death or serious bodily harm to you, a third party, or your unborn baby.
  • Missouri has a “castle doctrine” where those acting in self-defense inside their home, vehicle, or private property do not have a duty to retreat.
  • Missouri offers an absolute legal defense against all criminal and civil remedies if self –defense is proven justified, granting attorney fees, court costs, and reasonable expenses.
• Change Coming to Missouri
  • Missouri Senate Bill 656 rids away the duty to retreat when in public, extends the castle doctrine to invited guests, and establishes Constitutional conceal and carry.
  • University of Missouri, School of Law Professor Royce de R. Barondes is currently suing the University of Missouri to enable conceal and carrying on campus
• Airplane Travel with a Firearm
  • When traveling by airplane in the United States, the Transportation Security Administration only requires that the firearm be unloaded in a locked, hard-sided case and declared before checking your bags.

Legal Memorandum: Missouri Firearms Law

Topic Questions

1. Under Missouri Law, what are the civil liabilities involved when discharging a firearm, and when can one be found liable if sued?

2. Under Missouri Law, when does a person have the right to use deadly force?

3. Under Missouri Law, does a person have the ability to conceal and carry and open carry a firearm and what are the guidelines involved?

4. Under Federal Law, what are the rules and requirements when flying in the United States with a firearm and ammunition?

Brief Answers

1. There are two types of civil wrongs involved with the shooting and handling of a firearm were a person can be sued and held liable; intentional tort and negligent tort. Intentional torts involve batteries and assaults where one intentionally injures another with a firearm or tries to injure another. A negligent tort means the person failed to exercise the highest degree of care when handling a firearm and resulted in the injury of another. An important note with intentional torts is that an insurance policy will not cover you if you receive a court award against you, while for negligent torts an insurance policy will cover you.

2. There are several situations in which Missouri authorizes the use of deadly force, including when there is an unlawful threat of imminent serious bodily or lethal harm; a person is illegally entering or inside a dwelling or private property and poses an imminent unlawful threat or use of force; when authorized to do so by law enforcement; and when a driver or pilot is trying to maintain control and safety on their vehicle when a lethal threat is made against them. There is, however, a duty to retreat when the actor is not within his castle (home, vehicle, or private property).

3. Missouri Law allows the conceal and carrying of firearms when the individual has valid conceal and carry permit, a conceal and carry endorsement issued prior to August 28, 2013, or has a conceal and carry permit or endorsement issued by another state or political subdivision. Missouri also allows the open carrying of a firearm, but allows political subdivisions to prohibit it for those without a valid conceal and carry permit or endorsement.

4. Federal law requires the firearm to be unloaded, in a hard-sided and locked container, and is declared before checked with the luggage. Ammunition must be checked as well and stored in containers designed to carry ammunition. Airlines also have limitations to the amount of ammunition that can be brought on the flight.

Discussion

The State of Missouri is a very pro-gun state, offering its residents the right to bear arms by incorporating the United States’ Second Amendment in Missouri Constitution Article I, Section 23, which reads:

That the right of every citizen to keep and bear arms, ammunition, and accessories typical to the normal function of such arms, in defense of his home, person, family and property, or when lawfully summoned in aid of the civil power, shall not be questioned. The rights guaranteed by this section shall be unalienable. Any restriction on these rights shall be subject to strict scrutiny and the state of Missouri shall be obligated to uphold these rights and shall under no circumstances decline to protect against their infringement. Nothing in this section shall be construed to prevent the general assembly from enacting general laws which limit the rights of convicted violent felons or those adjudicated by a court to be a danger to self or others as result of a mental disorder or mental infirmity.

Mo. Const. Art. I, § 23 (LexisNexis, 2016). While this says Missouri citizens can own firearms and firearm related equipment and that the legislature cannot change this in just about any fashion, it does not mention anything about liabilities involved with shooting a firearm, the right or ability to conceal and carry, open carry, and if and when somebody can use deadly force.

In Missouri, a citizen can obtain the privilege of concealing and carrying a firearm if they meet the statutory requirements. A person in Missouri can also use deadly force in certain self-defense situations. However, Missouri does hold its citizens civilly liable for the intentional and unintentional wrongful shooting of a firearm. Finally, Federal law governs the ability to travel with a firearm on an airplane from state to state.

1. Under Missouri Law, what are the civil liabilities involved when discharging a firearm, and when can one be found liable if sued?

Handling a firearm requires the up most responsibility, and discharging it negligently or intentionally against a person, or even just using it to scare another can have legal consequences. There are three categories of liability in regards to a wrongful discharge of a firearm against another or brandishing a firearm intending to scare that a person can be successfully sued for: battery, assault, and negligence. Battery and assault land in the realm of intentional torts, while negligence is a different realm in and of itself. When it comes down to liability for intentional torts, an insurance policy will not cover you in a lawsuit, i.e. you are on your own to repay for the damage you caused. In a negligence case, your insurance policy does cover you. See Penn-Star Ins. Co. v. Griffey, 306 S.W.3d 591 (Mo. Ct. App. 2010). Further, in spite of the potential liabilities for discharging a firearm, there is an absolute defense to all civil remedies available if the shooting is determined to be in self-defense.

A) Battery with a Firearm

A battery is (1) an intentional act with (2) the purpose or knowledge with substantial certainty that the act will (3) cause a harmful or offensive contact, or imminent apprehension of a harmful or offensive contact, and (4) a harmful or offensive contact occurs. Restatement 2d of Torts, § 13 (LexisNexis, 2016). A battery can occur by punching somebody at the bar, stabbing someone, throwing a rock at a person, or shooting a firearm at someone.

In the case of shooting a person with a firearm, the intentional act is the pulling of the trigger, the purpose or knowledge with

Key Takeaways

• Missouri holds firearm users to the “highest degree of care,” and negligent shootings can result in civil liability (insurance may cover negligent shootings, but not intentional ones).
• Missouri allows concealed carry with a valid permit and does not prohibit open carry statewide, though local ordinances can restrict open carry for those without a permit.
• The “castle doctrine” removes the duty to retreat when using deadly force in self-defense at home, in a vehicle, or on private property.
• A person legally justified in using deadly force can have an absolute defense to both criminal charges and civil lawsuits.
• Federal law requires firearms to be unloaded, declared, and locked in a hard-sided case when checked for air travel.

Table of Authorities

Bills:

SB 656, pg. 5 (98th General Assembly,2016)

Cases:

Barondes v. Wolfe, (Pl.’s 1st Am. Compl, Nov. 6, 2015)

Barondes v. Wolfe, (Answer, Oct. 16, 2015).

Chavez v. Cedar Fair, LP, 450 S.W.3d 291 (Mo. 2014)

In re Revisions to MAI-Civil, 2016 Mo. LEXIS 115 (Apr. 15, 2016)

Nail v. Husch Blackwell Sanders, LLP, 436 S.W.3d 556 (Mo. 2014)

Penn-Star Ins. Co. v. Griffey, 306 S.W.3d 591 (Mo. Ct. App. 2010)

State v. Hafeli, 715 S.W.2d 524 (Mo. Ct. App. 1986)

State v. Ivicsics, 604 S.W.2d 773 (Mo. Ct. App. 1980)

State v. Jackson, 522 S.W.2d 317 (Mo. Ct. App. 1975)

State v. Sanders, 556 S.W.2d 75 (Mo. Ct. App. 1977)

Codes:

49 C.F.R. § 1540.111 (LexisNexis, 2016)

49 C.F.R. § 175.10 (LexisNexis, 2016)

Constitutional Law

Mo. Const. Art. I, § 23 (LexisNexis, 2016)

Statutes:

Cal. Penal Code § 16740 (LexisNexis, 2016)

Cal. Penal Code § 32310 (LexisNexis, 2016)

Mo. Rev. Stat. § 21.750 (LexisNexis, 2016)

Mo. Rev. Stat. § 160.665 (LexisNexis, 2016)

Mo. Rev. Stat. § 563.011 (LexisNexis, 2016)

Mo. Rev. Stat. § 563.016 (LexisNexis, 2016)

Mo. Rev. Stat. § 563.026 (LexisNexis, 2016)

Mo. Rev. Stat. § 563.031 (LexisNexis, 2016)

Mo. Rev. Stat. § 563.041 (LexisNexis, 2016)

Mo. Rev. Stat. § 563.051 (LexisNexis, 2016)

Mo. Rev. Stat. § 563.061 (LexisNexis, 2016)

Mo. Rev. Stat. § 563.074 (LexisNexis, 2016)

Mo. Rev. Stat. § 571.030 (LexisNexis, 2016)

Mo. Rev. Stat. § 571.101 (LexisNexis, 2016)

Mo. Rev. Stat. § 571.104 (LexisNexis, 2016)

Mo. Rev. Stat. § 571.107 (LexisNexis, 2016)

Mo. Rev. Stat. § 571.111 (LexisNexis, 2016)

Mo. Rev. Stat. § 571.114 (LexisNexis, 2016)

Mo. Rev. Stat. § 571.117 (LexisNexis, 2016)

Mo. Rev. Stat. § 571.121 (LexisNexis, 2016)

Restatement 2d of Torts, § 13 (LexisNexis, 2016)

Restatement 2d of Torts, § 21 (LexisNexis, 2016)