I borrowed this from a Cincinnati Ohio Law Enforcement Memo and revised it and would love some more input on it. I would like to send a final draft to law enforcement agencies to suggest it become an official memo to their staff. I'm not willing to touch on Amendment 5 just yet.
I work for St. Louis County and have weekly contact with the police department and I would have no reservations on sharing it with them first.
LAW DEPARTMENT MEMO ON OPEN CARRY OF A FIREARM IN MISSOURI:
Missouri law permits the open carry of a firearm with few exceptions. Citizens may
openly carry firearms in public places unless there is a specific prohibition against
carrying a firearm in that place (police station, school safety zone, hospital, courthouse, etc.).
Since the passage of Missouri Senate Bill 656 possession, purchase, other acquisition, transport, storage, carrying, sale, or other transfer of firearms, their components, and their ammunition is only done by state and federal law.
Local municipal laws may only regulate the discharge of firearms.
Therefore, officers should not charge individuals with violations of the any
Municipal Code unless the ordinance deals with the discharge of a firearm.
Many people worry when they see someone openly carrying a gun. Officers can
expect to receive calls when this happens. But, openly carrying a firearm, by itself, is
not illegal. The fact that someone has called 911 or flagged down an officer about
seeing someone with a gun in public is probably not enough to support an
investigative detention.
In such situations, an officer must observe the subject and
evaluate the totality of circumstances to determine whether reasonable suspicion
exists to justify detaining the individual. If the individual is doing nothing else that
arouses suspicion, simply wearing a gun will not justify a detention.
It is important to note, open carry by itself also would not support a charge of
Disorderly Conduct or Inducing Panic. There must be additional facts to support
these offenses. If someone is lawfully carrying a firearm—and doing nothing else—
the fact that it causes alarm to others does not support a charge.
Private businesses or property owners may prohibit all firearms on their property.
They may post signs prohibiting firearms or they may order a person to leave for
such behavior. Criminal Trespass is the appropriate charge if a person is on private
property in violation of such a prohibition.
I work for St. Louis County and have weekly contact with the police department and I would have no reservations on sharing it with them first.
LAW DEPARTMENT MEMO ON OPEN CARRY OF A FIREARM IN MISSOURI:
Missouri law permits the open carry of a firearm with few exceptions. Citizens may
openly carry firearms in public places unless there is a specific prohibition against
carrying a firearm in that place (police station, school safety zone, hospital, courthouse, etc.).
Since the passage of Missouri Senate Bill 656 possession, purchase, other acquisition, transport, storage, carrying, sale, or other transfer of firearms, their components, and their ammunition is only done by state and federal law.
Local municipal laws may only regulate the discharge of firearms.
Therefore, officers should not charge individuals with violations of the any
Municipal Code unless the ordinance deals with the discharge of a firearm.
Many people worry when they see someone openly carrying a gun. Officers can
expect to receive calls when this happens. But, openly carrying a firearm, by itself, is
not illegal. The fact that someone has called 911 or flagged down an officer about
seeing someone with a gun in public is probably not enough to support an
investigative detention.
In such situations, an officer must observe the subject and
evaluate the totality of circumstances to determine whether reasonable suspicion
exists to justify detaining the individual. If the individual is doing nothing else that
arouses suspicion, simply wearing a gun will not justify a detention.
It is important to note, open carry by itself also would not support a charge of
Disorderly Conduct or Inducing Panic. There must be additional facts to support
these offenses. If someone is lawfully carrying a firearm—and doing nothing else—
the fact that it causes alarm to others does not support a charge.
Private businesses or property owners may prohibit all firearms on their property.
They may post signs prohibiting firearms or they may order a person to leave for
such behavior. Criminal Trespass is the appropriate charge if a person is on private
property in violation of such a prohibition.
Thoughts on suggesting a needed memo to law enforcement agencies on SB656
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