Concealed carry and/or switchblade laws changed in Missouri?

Daniel Dorn

Daniel Dorn

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I just heard from a CCW Instructor that last week a law was up for vote and things were changed to make switchblades illegal to own. He's a smart guy, and has been teaching gun classes for ever. I just can't find any corraborating evidence online.

Has any one else heard this?
 
http://www.house.mo.gov/BillSummary.aspx?bill=HB%20294&style=new

Likely due to legislative error, the law that is supposed to clean up CCW age, buying long guns in other states, and remove the C&R/FFL requirement for NFA weapons makes switchblades a class A misdemeanor, removing the previous "collector" exemption.

Although the title says "now" illegal, the law goes into effect 8/28/11 unless the governor vetoes it.
 
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So it looks like it repeals the "Curio or collectible" portion in regards to a "weapon." I've also been reading that a "Weapon" is not specifically all inclusive of all knives or switchblades: See the definition of a "Knife" 571-010 as quoted by Trouser Chili a few months ago on these forums:

"(12) "Knife", any dagger, dirk, stiletto, or bladed hand instrument that is readily capable of inflicting serious physical injury or death by cutting or stabbing a person. For purposes of this chapter, "knife" does not include any ordinary pocketknife with no blade more than four inches in length;"

which appears to say that if your switchblade is less than 4 inches, you might be okay, as long as it is "ordinary." This is just from a few Google searches on knife laws in Missouri.

I am still a bit confused.

Should we get AKTI involved? Or KnifeRights?

I'm going to email KnifeRights to let them know what's up.
 
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We are looking into this. Unfortunately, we didn't get any alert to this bill earlier, this would have been easy to fix prior to passage. In any case, if the Governor does sign the bill into law, then we'll work to have that issue addressed at the next legislative opportunity. I have already assigned our Director of Legislative Affairs to this, which he will find out about as soon as he lands in Atlanta on his way to BLADE Show. ;)
 
I'm no lawyer, but I just read HB294 full text and summary and from what I saw, it appears that switchblades are legal as long as you're within Federal law etc. (1), and actually removes some of the restrictions such as curio/relic(2) and non-functioning(3).

(Perhaps someone with greater legal expertise woud be so kind as to review my humble interpretation's accuracy?)

Excerpts:
(1) Summary 4) states "...A person will not commit a crime if he or she possesses, manufactures, transports, repairs, or sells ..... a switchblade knife.... if he or she conforms with federal law."
(2) Sect 571.020 lines 28-29 remove restriction "[..solely as a curio, ornament, or keepsake,..]"
(3) Sect 571.020 lines 30-31 remove restriction "[...must be in such a nonfunctioning condition that it cannot readily be made operable...]"

Links:
Missouri HB294
Summary
Full Text pdf with line #'s
 
Sledgen said:
I'm no lawyer, but I just read HB294 full text and summary and from what I saw, it appears that switchblades are legal as long as you're within Federal law etc. (1), and actually removes some of the restrictions such as curio/relic(2) and non-functioning(3).

(Perhaps someone with greater legal expertise woud be so kind as to review my humble interpretation's accuracy?)

Excerpts:
(1) Summary 4) states "...A person will not commit a crime if he or she possesses, manufactures, transports, repairs, or sells ..... a switchblade knife.... if he or she conforms with federal law."
(2) Sect 571.020 lines 28-29 remove restriction "[..solely as a curio, ornament, or keepsake,..]"
(3) Sect 571.020 lines 30-31 remove restriction "[...must be in such a nonfunctioning condition that it cannot readily be made operable...]"

Links:
Missouri HB294
Summary
Full Text pdf with line #'s
Click to expand...


I read the law differently than you do. The new language says "if he or she conforms to federal law AND . . . " That "and" creates a situation where two conditions must be met. It's not enough to conform to federal law, but the possessor must also meet another qualification. The keepsake exception that kept collectors legal in the past has been removed.



" 2. A person does not commit a crime pursuant to this section if his conduct involved any of the items in subdivisions (1) to (6) of subsection 1, the item was possessed in conformity with any applicable federal law, and the conduct:

(1) Was incident to the performance of official duty by the armed forces, national guard, a governmental law enforcement agency, or a penal institution; or

(2) Was incident to engaging in a lawful commercial or business transaction with an organization enumerated in subdivision (1) of this section; or

(3) Was incident to using an explosive weapon in a manner reasonably related to a lawful industrial or commercial enterprise; or

(4) Was incident to displaying the weapon in a public museum or exhibition; or

(5) Was incident to [dealing with] using the weapon [solely as a curio, ornament, or keepsake, or to using it] in a manner reasonably related to a lawful dramatic performance[; but if the weapon is a type described in subdivision (1) or (4) of subsection 1 of this section it must be in such a nonfunctioning condition that it cannot readily be made operable. No short barreled rifle, short barreled shotgun, machine gun, or firearm silencer may be possessed, manufactured, transported, repaired or sold as a curio, ornament, or keepsake, unless such person is an importer, manufacturer, dealer, or collector licensed by the Secretary of the Treasury pursuant to the Gun Control Act of 1968, U.S.C., Title 18, or unless such firearm is an antique firearm as defined in subsection 3 of section 571.080, or unless such firearm has been designated a collectors item by the Secretary of the Treasury pursuant to the U.S.C., Title 26, Section 5845(a)]. "
 
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