concealed carry Missouri
2016/7/22 9:18:16
Question
Is it legal to carry a concealed handgun that is empty? I am waiting on my
permit to come, but from time to time have carried an empty handgun with a
loaded clip in a separate pocket. I haven't been able to find anything on that.
Thanks for your help.
Answer
Marshall,
First of all, I have to start with the disclaimer that I am not an attorney and since I am not an attorney, I cannot give you legal advise. I am only able to provide an informed opinion of the laws of the State of Missouri regarding concealed handguns.
Based on my reading of Chapter 571, Section 030 of the Missouri Revised Statutes, if you do carry your firearm as described, you are committing a class D felony by violating one of the provision of section 030 which states that anyone who "Carries concealed upon or about his or her person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use".
Despite the fact that the gun is unloaded, two things are working against you. First, the casual observer will not be able to determine whether or not the gun is loaded by simple observation. Second, since you have magazine in your pocket as well, you can quickly and easily make your gun 'capable of lethal use'.
Conviction of a class D felony in Missouri carries a maximum penalty of 4 years in prison and a fine of up to $5000. In most states, felony convictions result in the loss of your voting rights, loss of your right to own firearms and loss of the right to hold public office.
I'm not trying to tell you your business, but if I were you I would IMMEDIATELY stop what you are doing and wait until you get your permit.
Hope this helps you out...stay safe!
Doug
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