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interesting dilemma with Missouri firearms laws:
Posted on: August 25, 2019 at 11:52:21 CT
blake1771 MU
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currently RSMO 571.080, Transfer of concealable firearms. — A person commits the crime of transfer of a concealable firearm if such person violates 18 U.S.C. Section 922(b) or 18 U.S.C. Section 922(x).
so Missouri law says you violate this law if you're in violation of either or both of those two Federal statutes.
ok so for this discussion lets look at section 922(x); which says:
(1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile—
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.
(2) It shall be unlawful for any person who is a juvenile to knowingly possess—
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.
and they define a juvenile as anyone under 18 years of age.
so basically it makes possession of a handgun illegal for anyone less than 18.
going back to the Missouri Statute there is not a penalty section for that law. I can't speak for the whole state but I've talked with the county prosecutors in 4 counties and they will not prosecute a juvenile under the Missouri statute b/c they say it's unenforceable without an applicable penalty section. There is nothing in the statute that says, for example, "a violation of this provision is a class E felony" or whatever. there's just nothing.
The DoJ, for all their bluster on firearms, will NOT prosecute juveniles in the 8th Circuit.
The takeaway: t's permissible for a 10-year-old, for example, to carry a concealed handgun in Missouri as long as it's in conjunction with some other crime like its' a stolen firearm or it's in a school, etc. but just walking down the street with a CCW is fine.
wouldn't have thought that. I'm not really arguing that it's good or bad, but it's surprising all the same.
Edited by blake1771 at 11:58:47 on 08/25/19
so Missouri law says you violate this law if you're in violation of either or both of those two Federal statutes.
ok so for this discussion lets look at section 922(x); which says:
(1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile—
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.
(2) It shall be unlawful for any person who is a juvenile to knowingly possess—
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.
and they define a juvenile as anyone under 18 years of age.
so basically it makes possession of a handgun illegal for anyone less than 18.
going back to the Missouri Statute there is not a penalty section for that law. I can't speak for the whole state but I've talked with the county prosecutors in 4 counties and they will not prosecute a juvenile under the Missouri statute b/c they say it's unenforceable without an applicable penalty section. There is nothing in the statute that says, for example, "a violation of this provision is a class E felony" or whatever. there's just nothing.
The DoJ, for all their bluster on firearms, will NOT prosecute juveniles in the 8th Circuit.
The takeaway: t's permissible for a 10-year-old, for example, to carry a concealed handgun in Missouri as long as it's in conjunction with some other crime like its' a stolen firearm or it's in a school, etc. but just walking down the street with a CCW is fine.
wouldn't have thought that. I'm not really arguing that it's good or bad, but it's surprising all the same.
Edited by blake1771 at 11:58:47 on 08/25/19
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interesting dilemma with Missouri firearms laws: - blake1771 KC - 8/25 11:52:21