Waiting Periods in Missouri

Posted on Friday, January 30th, 2015

Missouri has no law imposing a waiting period prior to purchase of a firearm.

See our Waiting Periods policy summary for a comprehensive discussion of this issue.

Open Carrying in Missouri

Posted on Friday, January 30th, 2015

No statutes in Missouri specifically prohibit the open carrying of firearms. A person may not, however, exhibit any weapon readily capable of lethal use in an angry or threatening manner in the presence of one or more persons.1

See our Open Carrying of Firearms in Public policy summary for a comprehensive discussion of this issue.

  1. Mo. Rev. Stat. § 571.030.1(4). []

Domestic Violence & Firearms in Missouri

Posted on Friday, January 30th, 2015

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. []

Prohibited Purchasers Generally in Missouri

Posted on Friday, January 30th, 2015

Federal law prohibits certain persons from purchasing or possessing firearms, such as felons, certain domestic abusers, and certain people with a history of mental illness.

Missouri prohibits the possession of a firearm by:

  • Any person convicted of a felony under Missouri law or a crime under any state’s laws or federal law which, if committed in Missouri, would be classified as a felony;
  • A fugitive from justice;
  • A person habitually in an intoxicated or drugged condition; or
  • A person currently adjudged mentally incompetent.1

Missouri law allows a person who is intoxicated to possess a firearm as long as he or she does not handle or use it in a negligent or unlawful manner or discharge the weapon (except when acting in self-defense). Intoxicated persons may also possess a firearm that is: 1) not readily accessible; 2) transported in a nonfunctioning state; or 3) unloaded when ammunition is not readily accessible.2

See our Prohibited Purchasers policy summary for a comprehensive discussion of this issue.

  1. Mo. Rev. Stat. § 571.070. This does not apply to the possession of an “antique firearm.” []
  2. Mo. Rev. Stat. §§ 571.030.1(5), 571.030.3, 571.030.5. []

Background Checks in Missouri

Posted on Friday, January 30th, 2015

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. []

Gun Shows in Missouri

Posted on Friday, January 30th, 2015

Missouri has no laws regulating gun shows. See the Missouri Private Sales section for state laws that apply at gun shows.

See our Gun Shows policy summary for a comprehensive discussion of this issue.

Retention of Sales & Background Check Records in Missouri

Posted on Friday, January 30th, 2015

Missouri makes it a violation of state law for a licensed dealer to violate the federal provision prohibiting dealers from transferring a firearm or armor-piercing ammunition to any person unless the dealer notes in the required records the name, age, and place of residence of the purchaser if the purchaser is an individual, or the identity and principal and local places of business of the purchaser if the purchaser is a corporation or other business entity.1

Missouri has no other retention or reporting requirements for firearm sales or background check records.

See our Retention of Firearm Sales and Background Check Records policy summary for a comprehensive discussion of this issue.

  1. See Mo. Rev. Stat. § 571.080, which refers to 18 U.S.C. § 922(b). []

Multiple Purchases & Sales of Firearms in Missouri

Posted on Friday, January 30th, 2015

Missouri imposes no restrictions on purchases or sales of multiple firearms.

See our Restrictions on Multiple Purchases or Sales of Firearms policy summary for a comprehensive discussion of this issue.

Disarming Prohibited Persons in Missouri

Posted on Friday, January 30th, 2015

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. The proceeds of any sale or gains from trade shall be the property of the police department or sheriff’s department responsible for the defendant’s arrest or the confiscation of the firearms and ammunition. Id. 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. []

Minimum Age to Purchase & Possess in Missouri

Posted on Friday, January 30th, 2015

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

Missouri prohibits anyone from violating the federal law prohibiting a person under age 18 from possessing a handgun or handgun ammunition and prohibiting anyone from selling or transferring a handgun or handgun ammunition to a person under age 18.2

Federal law imposes stricter age restrictions in certain situations.

See our Minimum Age to Purchase / Possess Firearms policy summary for a comprehensive discussion of this issue.

  1. Mo. Rev. Stat. § 571.060.1(2). A person “acts recklessly” or is reckless under Missouri law when he or she consciously disregards a substantial and unjustifiable risk that circumstances exist or that a result will follow, and such disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation. Mo. Rev. Stat. § 562.016.4 []
  2. See Mo. Rev. Stat. § 571.080, which refers to 18 U.S.C. § 922(x). []