MO CCW and auto knives

spidyman

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Missouri concealled crary law is a bit unclear of the following:

What may or may not be carried? (besides a firearm)

Are autos leagal or illegal to carry under missouri concealled carry law?

what is lawfull possesion of a weapon?

i have asked CCW instructors in the area and recieve the same answer 'IF IT IS LAWFULLY POSSESED"- what is lawfull possesion?
 
what is lawfull possesion?
Lawful possesion is going to be carry of a "legal" knife in your state.....whatever that might happen to be. Many handgun licenses do not allow for anything but.

Bernard Levine has good links on his site.

Find out what the laws are, and adhere to them.
 
- 571.010. Definitions...

(10) "Knife" means 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;

(11) "Knuckles" means any instrument that consists of finger rings or guards made of a hard substance that is designed or adapted for the purpose of inflicting serious physical injury or death by striking a person with a fist enclosed in the knuckles;

(18) "Switchblade knife" means any knife which has a blade that folds or closes into the handle or sheath, and
(a) That opens automatically by pressure applied to a button or other device located on the handle; or
(b) That opens or releases from the handle or sheath by the force of gravity or by the application of centrifugal force.



- 571.020...
1. A person commits a crime if such person knowingly possesses, manufactures, transports, repairs, or sells:

(7) A switchblade knife;

(9) Knuckles.

2. A person does not commit a crime pursuant to this section if his 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...
(4) Was incident to displaying the weapon in a public museum or exhibition; or
(5) Was incident to dealing with the weapon solely as a curio, ornament, or keepsake, or to using it in a manner reasonably related to a lawful dramatic performance;

3. A crime pursuant to... subdivision (7), (8) or (9) of subsection 1 of this section is a class A misdemeanor.

(L. 1981 H.B. 296, A.L. 2002 S.B. 712)



- 571.030.
1. A person commits the crime of unlawful use of weapons if he or she knowingly:

(1) Carries concealed upon or about his or her person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use; or...

(4) Exhibits, in the presence of one or more persons, any weapon readily capable of lethal use in an angry or threatening manner; or

8) Carries a firearm or any other weapon readily capable of lethal use into any church or place where people have assembled for worship, or into any election precinct on any election day, or into any building owned or occupied by any agency of the federal government, state government, or political subdivision thereof; or...

(10) Carries a firearm, whether loaded or unloaded, or any other weapon readily capable of lethal use into any school, onto any school bus, or onto the premises of any function or activity sponsored or sanctioned by school officials or the district school board.
 
- 571.010. Definitions...

(10) "Knife" means 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;

(11) "Knuckles" means any instrument that consists of finger rings or guards made of a hard substance that is designed or adapted for the purpose of inflicting serious physical injury or death by striking a person with a fist enclosed in the knuckles;

(18) "Switchblade knife" means any knife which has a blade that folds or closes into the handle or sheath, and
(a) That opens automatically by pressure applied to a button or other device located on the handle; or
(b) That opens or releases from the handle or sheath by the force of gravity or by the application of centrifugal force.



- 571.020...
1. A person commits a crime if such person knowingly possesses, manufactures, transports, repairs, or sells:

(7) A switchblade knife;

(9) Knuckles.

2. A person does not commit a crime pursuant to this section if his 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...
(4) Was incident to displaying the weapon in a public museum or exhibition; or
(5) Was incident to dealing with the weapon solely as a curio, ornament, or keepsake, or to using it in a manner reasonably related to a lawful dramatic performance;
3. A crime pursuant to... subdivision (7), (8) or (9) of subsection 1 of this section is a class A misdemeanor.

(L. 1981 H.B. 296, A.L. 2002 S.B. 712)



- 571.030.
1. A person commits the crime of unlawful use of weapons if he or she knowingly:

(1) Carries concealed upon or about his or her person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use; or...

(4) Exhibits, in the presence of one or more persons, any weapon readily capable of lethal use in an angry or threatening manner; or

8) Carries a firearm or any other weapon readily capable of lethal use into any church or place where people have assembled for worship, or into any election precinct on any election day, or into any building owned or occupied by any agency of the federal government, state government, or political subdivision thereof; or...

(10) Carries a firearm, whether loaded or unloaded, or any other weapon readily capable of lethal use into any school, onto any school bus, or onto the premises of any function or activity sponsored or sanctioned by school officials or the district school board.

seems a bit contradictory, now that is the knife law... but how does that interact with the CCW statuates of MO. Per my instructor "Anything Legally Possesed", what is legally possesed is the million dollar question.
 
what is contradictory?

switchblades are illegal to possess, therefore illegal to carry.

a "pocket knife" with a blade longer than four inches is illegal to carry concealed.

the section you have highlighted is a reference to a movie, tv show, or some other legal performance.
 
this code was last updated in 2002, our concealled carry code was not introduced until 2003, and there is some overlap I know of but the areas covering knives in general is all but non-existent. If it is illegal for person commits a crime if such person knowingly possesses, manufactures, transports, repairs, or sells, why can I openly buy an auto.

if it too gray then it can not be enforced either as it your INTERPRETATION or your discretion as to what the law means.

if it were/is illegal to possesses, manufacture, transport, repair, or sell an auto; any violation perusant to RSMO 571-020 section 7 of subsection 1 is a class A misdemeanor.- No Biggie.
 
based on the text, you should not be able to openly buy an auto. it is possible the seller is in violation. but ultimately it would be your responsibility to know whether the item you are in possession of is legal or not.

i can only interpret what i find on missouri law. i have no other experience regarding missouri law, this is only my opinion based on the above text.
 
I agree with Morimotom on his reading of your state's law. It clearly states they are illegal to sell. It would also seem that they allowed them to be in possession of a person solely for the reason of collecting or a family handed down item ( a Curio), and that this was to cover autos that were around when the law was passed. I am not sure how your state views the general term "possession" but it would seem that autos are only allowed in your house as a Curio or kee[sake. I can only assume that a dealer selling is stateing he is selling them only as a Curio and therefore some what side steps the wording of the law....
 
did a little more digging with the help of my CCW instructor, and law expert and came up with this; "Possession--manufacture--transport--repair--sale of certain weapons a crime--exceptions--penalties.
571.020. 1. A person commits a crime if such person knowingly possesses, manufactures, transports, repairs, or sells:

(1) An explosive weapon;

(2) An explosive, incendiary or poison substance or material with the purpose to possess, manufacture or sell an explosive weapon;

(3) A machine gun;

(4) A gas gun;

(5) A short barreled rifle or shotgun;

(6) A firearm silencer;

(7) A switchblade knife;

(8) A bullet or projectile which explodes or detonates upon impact because of an independent explosive charge after having been shot from a firearm; or

(9) Knuckles.

2. A person does not commit a crime pursuant to this section if his 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 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), (4) or (6) 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, or machine gun 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).

3. A crime pursuant to subdivision (1), (2), (3), (4), (5) or (6) of subsection 1 of this section is a class C felony; a crime pursuant to subdivision (7), (8) or (9) of subsection 1 of this section is a class A misdemeanor.

Unlawful use of weapons--exceptions--penalties.
1. A person commits the crime of unlawful use of weapons if he or she knowingly:

(1) Carries concealed upon or about his or her person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use; or

(2) Sets a spring gun; or

(3) Discharges or shoots a firearm into a dwelling house, a railroad train, boat, aircraft, or motor vehicle as defined in section 302.010, RSMo, or any building or structure used for the assembling of people; or

(4) Exhibits, in the presence of one or more persons, any weapon readily capable of lethal use in an angry or threatening manner; or

(5) Possesses or discharges a firearm or projectile weapon while intoxicated; or

(6) Discharges a firearm within one hundred yards of any occupied schoolhouse, courthouse, or church building; or

(7) Discharges or shoots a firearm at a mark, at any object, or at random, on, along or across a public highway or discharges or shoots a firearm into any outbuilding; or

(8) Carries a firearm or any other weapon readily capable of lethal use into any church or place where people have assembled for worship, or into any election precinct on any election day, or into any building owned or occupied by any agency of the federal government, state government, or political subdivision thereof; or

(9) Discharges or shoots a firearm at or from a motor vehicle, as defined in section 301.010, RSMo, discharges or shoots a firearm at any person, or at any other motor vehicle, or at any building or habitable structure, unless the person was lawfully acting in self-defense; or

(10) Carries a firearm, whether loaded or unloaded, or any other weapon readily capable of lethal use into any school, onto any school bus, or onto the premises of any function or activity sponsored or sanctioned by school officials or the district school board.

2. Subdivisions (1), (3), (4), (6), (7), (8), (9) and (10) of subsection 1 of this section shall not apply to or affect any of the following:

(1) All state, county and municipal peace officers who have completed the training required by the police officer standards and training commission pursuant to sections 590.030 to 590.050, RSMo, and possessing the duty and power of arrest for violation of the general criminal laws of the state or for violation of ordinances of counties or municipalities of the state, whether such officers are on or off duty, and whether such officers are within or outside of the law enforcement agency's jurisdiction, or all qualified retired peace officers, as defined in subsection 10 of this section, and who carry the identification defined in subsection 11 of this section, or any person summoned by such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer;

(2) Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime;

(3) Members of the armed forces or national guard while performing their official duty;

(4) Those persons vested by article V, section 1 of the Constitution of Missouri with the judicial power of the state and those persons vested by Article III of the Constitution of the United States with the judicial power of the United States, the members of the federal judiciary;

(5) Any person whose bona fide duty is to execute process, civil or criminal;

(6) Any federal probation officer or federal flight deck officer as defined under the federal flight deck officer program, 49 U.S.C. Section 44921;

(7) Any state probation or parole officer, including supervisors and members of the board of probation and parole;

(8) Any corporate security advisor meeting the definition and fulfilling the requirements of the regulations established by the board of police commissioners under section 84.340, RSMo; and

(9) Any coroner, deputy coroner, medical examiner, or assistant medical examiner.

3. Subdivisions (1), (5), (8), and (10) of subsection 1 of this section do not apply when the actor is transporting such weapons in a nonfunctioning state or in an unloaded state when ammunition is not readily accessible or when such weapons are not readily accessible. Subdivision (1) of subsection 1 of this section does not apply to 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, nor when the actor is also in possession of an exposed firearm or projectile weapon for the lawful pursuit of game, or is in his or her dwelling unit or upon premises over which the actor has possession, authority or control, or is traveling in a continuous journey peaceably through this state. Subdivision (10) of subsection 1 of this section does not apply if the firearm is otherwise lawfully possessed by a person while traversing school premises for the purposes of transporting a student to or from school, or possessed by an adult for the purposes of facilitation of a school-sanctioned firearm-related event.

4. Subdivisions (1), (8), and (10) of subsection 1 of this section shall not apply to any person who has a valid concealed carry endorsement issued pursuant to sections 571.101 to 571.121 or a valid permit or endorsement to carry concealed firearms issued by another state or political subdivision of another state.

5. Subdivisions (3), (4), (5), (6), (7), (8), (9), and (10) of subsection 1 of this section shall not apply to persons who are engaged in a lawful act of defense pursuant to section 563.031, RSMo.

-subsection 1 subdivision 7 is in reference to a switchblade knife.

looks like carrying an auto is legal for the use of self defense.

*law code updated Aug. 28 2007 where upon previous code 571.020, 571.070 were repealed and replaced and the new sections will be enumerated as 571.020, 571.070
 
Maddness! I have a question though :D I just finished a dagger and I want to send it to my pop who lives in MO. The knife looks like its sharpened on both sides but it is actually only sharpened on one (I was going to keep it and in Cali doubles are a no-go). So can I sharpen the other edgeor no?

Thanks!
 
The section of the law that addresses switchblade knives is different than the the section of the law addressed by the CCW law changes. You can not own or carry a Switchblade in MO with or without a CCW permit. The CCW law was written to exempt a CCW holder from the portion of the law that addresses carrying a concealed handgun, blackjack etc... The switchblade is specifically addressed in another portion that has no exemption in the CCW law.

The CCW disclaimer you are quoting above " Subdivisions (3), (4), (5), (6), (7), (8), (9), and (10) of subsection 1 of this section shall not apply to persons who are engaged in a lawful act of defense pursuant to section 563.031, RSMo." is from 571.030 NOT 571.020. 571.031 addresses unlawful use of a weapon while 571.020 addresses items that are illegal to manufacture or possess. There is no exemption of subsections of 571.020 in the CCW language. Unlawful use of weapon is a different subsection of the law 571.030. The exemption language you quoted addresses subsections 3.4.5.6.7.8.9. and 10 of 571.030 where the exemption is contained. There is nothing that references an exemption of 571.020. You pasted 2 different sections of the criminal code together without identifying which is which. I doubt the judge you appear before if you are arrested will make the same mistake. Here is a link to the entire portion of the criminal code http://www.moga.mo.gov/STATUTES/C571.HTM
 
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