Traveling to MO from TX? Not CHL yet

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YellowTJ
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Traveling to MO from TX? Not CHL yet

Post by YellowTJ »

Ok so I had a page that talked about state to state travel. But lost it. I do not have my CHL yet as I just got my 1st gun last month and have to get my class done in a couple of weeks. I've been living at the range though and love it. Thanks Texans for being so open I decided to get one. So I would like to take my gun with me this weekend to go shooting with some family in MO while there. Also if I could keep it in the glove box legally for protection I'd like to do that. So far what I've found sounds like I am well within my rights to put it in the trunk with the ammo separate, however like many people would I'd rather keep it upfront with me.

Anyone have some info on this? Or a site that easily tells me about this kind of thing. I'm new to all this so sometimes the "legal" quotes don't always tell me in real terms what that means. I'll be traveling from TX, through AK, to MO. Thanks for the help!
YellowTJ
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Re: Traveling to MO from TX? Not CHL yet

Post by YellowTJ »

Bump - maybe someone this morning will know
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seamusTX
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Re: Traveling to MO from TX? Not CHL yet

Post by seamusTX »

From what I can tell by searching the web, Missouri and Arkansas do not have unlicensed vehicle carry. Both have a traveling exception, but you are always taking a chance with that.

You can get a quick summary from http://www.nraila.org/GunLaws/. This site is not entirely reliable. They oversimplify some issues and they do not update it quickly.

- Jim
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Keith B
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Re: Traveling to MO from TX? Not CHL yet

Post by Keith B »

Depending on the route you take, you can have a loaded handgun in the car with you as you are on a 'peaceable journey' through the state. Arkansas has peaceable journey laws.

Missouri has car carry like Texas where if you can legally own a firearm you can have it in the car loaded with you. Also, Missouri is an open carry state, but I would not recommend wandering around in a urban or large rural area with it strapped on going to Wal-Mart, etc. The police WILL be called. :roll:

If you do travel with it in the passenger compartment, then you need to make sure it is concealed in Arkansas and Texas.
Keith
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YellowTJ
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Re: Traveling to MO from TX? Not CHL yet

Post by YellowTJ »

Thanks guys this is what I'd come up with as well. At least to the best of my abilities.
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seamusTX
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Re: Traveling to MO from TX? Not CHL yet

Post by seamusTX »

The Missouri code is here on the state web site: http://www.moga.mo.gov/statutes/C500-599/5710000030.HTM
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 ...

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.
The second paragraph contains too many ors and nors for my comfort. Does anyone how how this law is actually interpreted?

Many states have this "continuous journey" language, but they interpret it so narrowly that if you stop for any reason you can be arrested for unlawful carry.

- Jim
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Keith B
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Re: Traveling to MO from TX? Not CHL yet

Post by Keith B »

seamusTX wrote:The Missouri code is here on the state web site: http://www.moga.mo.gov/statutes/C500-599/5710000030.HTM
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 ...

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.
The second paragraph contains too many ors and nors for my comfort. Does anyone how how this law is actually interpreted?

Many states have this "continuous journey" language, but they interpret it so narrowly that if you stop for any reason you can be arrested for unlawful carry.

- Jim
I wouldn't worry about Missouri. They have car carry now, as well as are an open carry state. Unless you are 'brandishing' (and they DO have a law on that in Missouri) you are legally OK. The law enforcement agencies are all pretty good with the vehicle carry unless you are causing trouble.

As for traveling through Arkansas, I have never been stopped when traveling through. Everything I have read and heard through indicates the Highway Patrol and State Troopers understand and accept the traveling/peaceable journey laws. However, there is always that one LEO..... ;-)

Edit to add: Here is a good reference from the Missouri Highway Patrol with Q and A that talks about vehicle carry and concealed laws http://www.mshp.dps.missouri.gov/MSHPWe ... HP-863.pdf
Keith
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seamusTX
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Re: Traveling to MO from TX? Not CHL yet

Post by seamusTX »

I agree that Arkansas shouldn't be a problem in this case, but I have spent very little time in Missouri and don't pay attention to it.

It looks like they have state preemption of local laws, so you don't have to worry about that.

- Jim
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Keith B
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Re: Traveling to MO from TX? Not CHL yet

Post by Keith B »

seamusTX wrote:
It looks like they have state preemption of local laws, so you don't have to worry about that.

- Jim
Generally yes, bit not totally. While open carry is overall legal in Missouri, their preemption statute is unique in that it preempts the entire field of firearms law except for the regulation of open carry. Consequently, carrying openly in Missouri will expose you to a checkerboard of local ordinances. You also MUST obey ANY gunbusters sign, etc. Even in places where it is not illegal, you can get hassled. Check out http://opencarry.mywowbb.com/forum33/ for some good open carry stories.

I grew up there (38 years,) was a LEO for awhile, and go back frequently to visit family. I don't open carry just for that reason (and I know all of the officers in the town since my BIL is the retired Chief of Police. ;-) )
Keith
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Psalm 82:3-4
YellowTJ
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Re: Traveling to MO from TX? Not CHL yet

Post by YellowTJ »

Ok so looking at my route again I will be in Oklahoma for a bit, any good word on this. As while looking at the NRA site their verbiage was more confusing that all of them.
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seamusTX
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Re: Traveling to MO from TX? Not CHL yet

Post by seamusTX »

According to both the NRA and handgunlaw.us, Oklahoma does not have unlicensed car carry.

- Jim
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Keith B
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Re: Traveling to MO from TX? Not CHL yet

Post by Keith B »

seamusTX wrote:According to both the NRA and handgunlaw.us, Oklahoma does not have unlicensed car carry.

- Jim
That is correct, so you will have to place your unloaded handgun in an area unaccessible to the passenger compartment and have the ammo separate. I would recommend having the gun in a case also.
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member

Psalm 82:3-4
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