Missouri

Ammunition Regulation in Missouri

Posted on Monday, January 2nd, 2012

Missouri prohibits the knowing possession, manufacture, transportation, repair or sale of a bullet or projectile that explodes or detonates on impact due to an independent explosive charge after being discharged from a firearm.1

Missouri prohibits anyone from recklessly selling, leasing, loaning, giving away or delivering ammunition to a person who is intoxicated.2

Missouri makes it a violation of state law for anyone to violate the federal law prohibiting a person under age 18 from possessing handgun ammunition and prohibiting the sale or transfer of handgun ammunition to a person under age 18.3.))

See the section entitled Firearms Trafficking in Missouri regarding a law prohibiting certain illegal sales of ammunition.

Missouri does not:

  1. Mo. Rev. Stat. § 571.020.1(8). []
  2. Mo. Rev. Stat. § 571.060.1(2). []
  3. Mo. Rev. Stat. § 571.080 (referring to 18 U.S.C. § 922(x []
  4. Although Mo. Rev. Stat. § 571.060.1(1) penalizes anyone who knowingly sells, leases, loans, gives away or delivers ammunition to any person who, under Mo. Rev. Stat. § 571.070, is not lawfully entitled to possess such, Mo. Rev. Stat. § 571.070 does not prohibit the possession of ammunition by any individual. []
  5. Missouri prohibits the possession or use of armor-piercing ammunition in the commission or attempted commission of a crime. Mo. Rev. Stat. § 571.150. []

Assault Weapons in Missouri

Posted on Monday, January 2nd, 2012

Missouri has no law regulating assault weapons.

See our Assault Weapons policy summary for a comprehensive discussion of this issue.

Background Checks in Missouri

Posted on Monday, January 2nd, 2012

Federal law requires federally licensed firearms dealers (but not private sellers) to initiate a background check on the purchaser prior to sale of a firearm. Federal law provides states with the option of serving as a state “point of contact” and conducting their own background checks using state, as well as federal, records and databases, or having the checks performed by the FBI using only the federal National Instant Criminal Background Check System (“NICS”) database. (Note that state files are not always included in the federal database.)

Missouri is not a point of contact state for firearm purchaser background checks. In Missouri, all firearms transfers by licensed dealers are processed directly through the FBI, which enforces the federal purchaser prohibitions referenced above.1

See our Background Checks policy summary for a comprehensive discussion of this issue.

Missouri does not require private sellers (sellers who are not licensed dealers) to initiate a background check when transferring a firearm. See our Private Sales policy summary.

  1. Federal Bureau of Investigation, National Instant Criminal Background Check System Participation Map, at http://www.fbi.gov/about-us/cjis/nics/general-information/participation-map. []

Child Access Prevention in Missouri

Posted on Monday, January 2nd, 2012

Missouri prohibits any person from recklessly selling, leasing, loaning, giving away or delivering a firearm to a person under age 18 without the consent of the child’s custodial parent or guardian.1

State administrative regulations may govern the safe storage of firearms in other locations.

See our Child Access Prevention policy summary for a comprehensive discussion of this issue.

  1. Mo. Rev. Stat. § 571.060.1(2). []

Concealed Weapons Permitting in Missouri

Posted on Monday, January 2nd, 2012

See our Carrying Concealed Weapons policy summary for a comprehensive discussion of this issue.

Missouri generally makes it a crime for a person to carry a firearm concealed upon or about his or her person.1 This prohibition is subject to various exceptions, including if:

  • The firearm is not readily accessible;
  • In addition to the concealed firearm, the person is in possession of an exposed firearm for the lawful pursuit of game; or
  • The person is in his or her dwelling unit or upon premises over which he or she has possession, authority or control.2

Missouri also exempts from this prohibition a person who has a valid “concealed carry endorsement” or a valid permit or endorsement to carry concealed firearms issued by another state.3

Missouri is a “shall issue” state, meaning that a county or city sheriff must issue a certificate of qualification for a concealed carry endorsement if the applicant meets certain qualifications.4 The sheriff must issue a concealed carry endorsement, which will appear on the certificate holder’s driver’s or non-driver’s license, if the applicant:5

  • Is at least age 21 (in 2011, Missouri lowered the minimum age for a concealed carry endorsement from 23 to 21);
  • Is a citizen of the United States;
  • Is either:
    • Is a resident of Missouri; or
    • Is a member of the armed forces stationed in Missouri, or the spouse of such military member;
  • Has not pled guilty to or entered a plea of nolo contendere (no contest) or been convicted of a crime punishable by imprisonment for a term exceeding one year under the laws of any state or of the United States, other than a crime classified as a misdemeanor punishable by a term of imprisonment of one year or less that does not involve an explosive weapon, firearm, firearm silencer or gas gun;
  • Has not been convicted of, pled guilty to or entered a plea of nolo contendere (no contest) to one or more misdemeanor offenses involving crimes of violence during the immediately preceding five-year period, or has not been convicted of two or more misdemeanor offenses involving driving while under the influence of intoxicating liquor or drugs or the possession or abuse of a controlled substance during the immediately preceding five-year period;
  • Is not a fugitive from justice or currently charged in an information or indictment with the commission of a crime punishable by imprisonment for a term exceeding one year under the laws of any state of the United States, other than a crime classified as a misdemeanor punishable by a term of imprisonment of two years or less that does not involve an explosive weapon, firearm, firearm silencer, or gas gun;
  • Has not been discharged under dishonorable conditions from the U.S. armed forces;
  • Has not engaged in a pattern of behavior, documented in public records, that causes the sheriff to have a reasonable belief that the applicant presents a danger to himself, herself, or others;
  • Is not adjudged mentally incompetent at the time of application or for five years prior to application, or has not been committed to a mental health facility or a similar institution located in another state following a hearing at which the applicant was represented by counsel or a representative; and
  • Is not the respondent of a valid “full order of protection” that is still in effect.6

Firearm Safety Training

Applicants for a concealed carry endorsement are required to demonstrate knowledge of firearms safety training.7 Applicants must successfully complete a firearms safety course of at least eight hours that includes:

  • Handgun safety techniques in the classroom, at home, on the firing range and while carrying the firearm;
  • A physical demonstration by the instructor of safely loading and unloading a revolver and a semiautomatic pistol, and demonstrated marksmanship with both;
  • The basic principles of marksmanship;
  • Care and cleaning of concealable firearms;
  • Safe storage of firearms at home;
  • Missouri’s requirements for obtaining a certificate of qualification for a concealed carry endorsement from the sheriff of the individual’s county of residence and a concealed carry endorsement issued by the Department of Revenue;
  • Missouri’s laws relating to firearms;
  • Missouri’s laws relating to the justifiable use of force;8
  • A live firing exercise of sufficient duration for each applicant to fire both a revolver and a semiautomatic pistol, from a standing position or its equivalent, a minimum of 50 rounds from each handgun at a distance of seven yards from a B-27 silhouette target or an equivalent target; and
  • A live fire test administered to the applicant while the instructor is present of 20 rounds from each handgun from a standing position or its equivalent at a distance from a B-27 silhouette target, or an equivalent target, of seven yards.9

The qualified firearms safety instructor shall affirm that the applicant received this instruction and successfully met all requirements on the certificate of firearms safety training course completion.10

An instructor must not give a passing grade to any applicant who: 1) Does not follow the orders of the instructor or cognizant range officer; 2) Handles a firearm in a manner that, in the judgment of the instructor, poses a danger to the applicant or to others; or 3) During the live fire testing portion of the course, fails to hit the silhouette portion of the targets with at least 15 rounds with both handguns.11

Instructors are required to: 1) Make the applicant’s course records available upon request to the sheriff of the county in which the applicant resides; 2) Maintain all course records on students for a period of no less than four years from course completion date; and 3) Not have more than 40 students in the classroom portion of the course, or more than five students per range officer engaged in range firing.12

An applicant satisfies the firearms safety training requirement if he or she:

  • Submits a photocopy of a certificate of firearms safety training course completion that is signed by a qualified firearms safety instructor;
  • Submits a photocopy of a certificate that shows the applicant completed a firearms safety course given by or under the supervision of any state, county, municipal, or federal law enforcement agency;
  • Is a qualified firearms safety instructor;
  • Submits proof that he or she currently holds any type of valid peace officer license valid under state law;
  • Submits proof that the applicant is currently allowed to carry firearms in accordance with state certification requirements; or
  • Submits proof that he or she is currently certified as any class of corrections officer by the Missouri department of corrections and has passed at least one eight-hour firearms training course, approved by the director of the Missouri department of corrections that includes instruction on the justifiable use of force.13

An applicant must submit an affidavit attesting that he or she has complied with these concealed carry safety training requirements.14

Duration & Renewal

A concealed carry endorsement is valid for three years from the date of issuance or renewal.15

Disclosure or Use of Information

Information regarding any holder of a certificate of qualification or a concealed carry endorsement is a closed record.16 Closed records are inaccessible to the general public.17

A sheriff issuing a certificate of qualification for a concealed carry endorsement is required to keep a record of all applications for a certificate of qualification and his or her action on each such application.18 The sheriff is required to report the issuance of all certificates of qualification to the Missouri uniform law enforcement system, but an applicant’s status as a holder of a certificate of qualification or a concealed carry endorsement is not public information and must be considered personal protected information.19

Reciprocity

A concealed carry endorsement or permit issued by another state authorizes the permittee or endorsee to carry a concealed firearm on or about his or her person or vehicle throughout Missouri.20 However, these provisions do not permit the carrying of a concealed firearm in certain specified locations. See the Missouri Other Location Restrictions section.

  1. Mo. Rev. Stat. § 571.030.1(1). []
  2. Mo. Rev. Stat. § 571.030.3. []
  3. Mo. Rev. Stat. § 571.030.4. See also Mo. Rev. Stat. § 571.101.1. []
  4. Mo. Rev. Stat. § 571.101.2. []
  5. Id. []
  6. A “full order of protection” is an order of protection issued after a hearing on the record where the respondent has received notice of the proceedings and has had an opportunity to be heard. Mo. Rev. Stat. § 455.010. []
  7. Mo. Rev. Stat. § 571.111.1. []
  8. See Mo. Rev. Stat. Ch. 563, Defense to Justification. []
  9. Mo. Rev. Stat. § 571.111.2. []
  10. Id. []
  11. Mo. Rev. Stat. § 571.111.3. []
  12. Mo. Rev. Stat. § 571.111.4. []
  13. Mo. Rev. Stat. § 571.111.1. []
  14. Mo. Rev. Stat. § 571.101.2(9). []
  15. Mo. Rev. Stat. § 571.101.1. See also Mo. Rev. Stat. §§ 302.181.7, 571.101.7. []
  16. Mo. Rev. Stat. § 571.101.9. []
  17. See Mo. Rev. Stat. § 610.120. Closed records are available to law enforcement agencies for issuance or renewal of a permit to possess a firearm. Id. []
  18. Mo. Rev. Stat. § 571.101.8. []
  19. Id. []
  20. Mo. Rev. Stat. §§ 571.030.4, 571.107.1. []

Dealer Regulations in Missouri

Posted on Monday, January 2nd, 2012

See our Dealer Regulations policy summary for a comprehensive discussion of this issue.

Federal law requires firearms dealers to obtain a license from the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), although resource limitations prevent the ATF from properly overseeing all its licensees.

Missouri does not require firearms dealers to obtain a state license.

Missouri makes it a violation of state law for a licensed dealer to violate certain federal requirements. More specifically, a federally licensed dealer commits a state crime if it violates the federal law:

  • Governing the age of firearm purchasers;
  • Prohibiting sales to purchasers prohibited by state law from possessing a firearm; and
  • Limiting the state of residence of certain purchasers.1.))

However, Missouri law prohibits a federal firearms dealer who engages in the sale of firearms from failing or refusing to complete the sale of a firearm to a customer when the sale is authorized by federal law.2 This provision does not apply to any individual federal firearms license holder or his or her agents or employees to the extent they chose in their individual judgment to not complete the sale or transfer of a firearm for articulable reasons specific to that transaction, so long as those reasons are not based on the race, gender, religion, or creed of the buyer.3

For laws:

  1. Mo. Rev. Stat. § 571.080 (referring to 18 U.S.C. § 922(b []
  2. Mo. Rev. Stat. § 571.014.3. Note that this provision appears to nullify all of the state prohibited purchaser categories. See the Missouri Prohibited Purchasers Generally section for these provisions. []
  3. Mo. Rev. Stat. § 571.014.4. []

Design Safety Standards for Handguns in Missouri

Posted on Monday, January 2nd, 2012

Missouri does not specifically regulate junk guns or unsafe firearms. According to research conducted by the Center to Prevent Handgun Violence (now Brady Center to Prevent Gun Violence), Missouri’s Attorney General may have the authority to regulate “junk guns,” as well as promulgate other firearm safety standards.1

See our Design Safety Standards for Handguns policy summary for a comprehensive discussion of this issue.

  1. Missouri Merchandising Practices Act, Missouri Revised Statutes § 407.010 et seq. For details, see Legal Action Project, Center to Prevent Handgun Violence, Targeting Safety (2001), at http://www.bradycenter.org/xshare/pdf/reports/targetingsafety.pdf. []

Disarming Prohibited Persons in Missouri

Posted on Monday, January 2nd, 2012

(This section was last updated December 19, 2010.)

For persons convicted for committing or attempting to commit a felony in which a firearm is used in any manner, Missouri law authorizes, but does not require, the convicting court to order the confiscation and disposal, or sale or trade to a licensed firearms dealer, of any firearms or ammunition used in the commission of the crime or found in the possession or immediate control of the defendant at the time of his or her arrest.1

Missouri has no other law requiring the removal of firearms from individuals prohibited from possessing them.

  1. Mo. Rev. Stat. § 571.095. If the firearms or ammunition are not the property of the convicted felon, they shall be returned to their rightful owner if he or she is known and was not a participant in the crime. Id. []

Domestic Violence & Firearms in Missouri

Posted on Monday, January 2nd, 2012

(This section was last updated June 29, 2012.)

Missouri law does not:

  • Prohibit individuals convicted of domestic violence misdemeanors from purchasing or possessing firearms or ammunition, unlike federal law;
  • Prohibit individuals subject to domestic violence protective orders from possessing firearms or ammunition, unlike federal law;
  • Require courts to notify domestic abusers when they become prohibited from possessing firearms or ammunition under federal law;
  • Require the surrender of firearms or ammunition by domestic abusers who have become prohibited from possessing firearms or ammunition under federal law; or
  • Explicitly authorize or require the removal of firearms or ammunition at the scene of a domestic violence incident.1

See our Domestic Violence & Firearms policy summary for a comprehensive discussion of this issue.

  1. For prohibitions on obtaining a concealed carry endorsement due to a domestic violence order of protection, see the Concealed Weapons Permitting in Missouri page. []

Fifty Caliber Rifles in Missouri

Posted on Monday, January 2nd, 2012

Missouri has no law regulating fifty caliber firearms.

See our Fifty Caliber Rifles policy summary for a comprehensive discussion of this issue.