Missouri State Firearms Laws

(as of March 1994)

Please Note: In addition to state laws, the purchase, sale and (in certain circumstances) the possession and interstate transportation of firearms is regulated by the Gun Control Act of 1968 as amended by the Firearm Owners' Protection Act. Also, cities and localities may have their own firearms ordinances in addition to federal and state laws. Details may be obtained by contacting local law enforcement authorities, and by consulting the State Laws and Published Ordinances--Firearms, available from the U.S. Government Printing Office, Washington D.C. 20402.

Quick Reference Chart

                          Rifles and
                          Shotguns     Handguns
                          _____________________
Permit to Purchase           No         Yes
Registration of Firearm      No         No
Licensing of Owner           No         No
Permit to Carry              No          *

  * Carrying Concealed prohibited.

State Constitutional Provision

``That the right of every citizen to keep and bear arms in defense of his home, person and property, or when lawfully summoned in aid of the civil power, shall not be questioned; but this shall not justify the wearing of concealed weapons.'' Article 1, Section 23.

Possession

There are no state licensing requirements for the possession of a rifle or shotgun or handgun.

It is unlawful for a convicted felon, a fugitive from justice, an habitually intoxicated, or drugged person or one who is currently adjudicated mentally incompetent to possess any concealable firearm (firearms with a barrel length of less than 16 inches).

It is unlawful to possess, manufacture, transport, repair or sell any machine gun, rifle of less than 16 inch barrel length, shotgun of less than 18 inch barrel length, silencer, or explosive bullets unless incident to the performance of military duties or if an importer, manufacturer, dealer, or collector licensed by the Secretary of the Treasury. The possession of ``metal penetrating bullets'' during the commission of a crime is a felony.

It is unlawful to transfer firearm or ammunition to a person who is not lawfully entitled to possess such or to a person who is intoxicated.

Purchase

No state permit is required for the purchase of rifles and shotguns.

To obtain a handgun the buyer must produce a permit to purchase which is issued by the sheriff of the county where the applicant resides.

It is unlawful to buy, lease, borrow, exchange receive, sell, give away, deliver, or otherwise transfer a concealable firearm without a valid permit.

A permit to purchase shall be issued by the sheriff if all the statements in the application are true, and the applicant:

  1. is at least 21, a citizen of the U.S. and has resided in the state for at least 6 months;
  2. has not been convicted of or currently charged with or indicted for a crime punishable by imprisonment for a term exceeding one year;
  3. is not a fugitive from justice;
  4. has not been dishonorably discharged from the U.S. armed forces;
  5. is not habitually in an intoxicated or drugged condition; and
  6. is not currently adjudged mentally incompetent and has not been committed to a mental health facility.
The sheriff shall issue the permit within 7 days. The permit shall contain the date of issuance, the name and address of the buyer, the nature of the transaction and a physical description of the applicant. The permit fee is not to exceed $10.00 and the permit is valid for only 30 days after the date of issuance.

If the permit is used, the seller shall return it to the sheriff within 30 days after its expiration, with a notation showing the date and manner of disposition and a description of the firearm, including the make, model and serial number. The sheriff shall keep a record of all permit applications and shall preserve all returned permits.

If the applicant is refused a permit, such refusal shall be in writing setting forth the reasons for denial and explaining the applicant's right to appeal. The denied applicant shall have the right of appeal by filing with the clerk of the small claims court within 10 days of receiving the written notice of denial.

If, at the court hearing, the applicant shows that he/she is entitled to the permit, the court shall issue an order to cause the issuance of the permit.

It is unlawful to transport, alter, or change a permit, or to obtain a permit upon false representation or to use another's permit.

Carry

It is unlawful to carry concealed ``upon or about one's person'' any firearm. This does not apply to transporting a firearm in a nonfunctioning state or in an unloaded state when ammunition is not readily accessible, or a person in his dwelling unit or upon business premises over which he has possession, authority or control, or while traveling in a continuous journey peaceably through the state.

It is unlawful to carry any firearm openly or concealed into any church or assembly place for education, political, literary or social purposes, any election precinct on election day, any courtroom while court is in session, or any other public assemblage.

It is unlawful to carry any firearm when one is intoxicated.

It is unlawful to exhibit any firearm in a rude or threatening manner in the presence of one or more persons.

Antiques

Antique firearms, defined as ``any firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898 (including matchlock, flintlock, percussion cap, or similar type of ignition system or replica thereof, whether actually manufactured before or after the year 1898) and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the U.S. and is not readily available in the ordinary channels of commercial trade'' are exempt from the purchase requirements previously listed.

Machine Guns

It is unlawful to ``sell, deliver, transport or have in actual possession or control any machine gun.'' This prohibition does not apply to peace officers or military personnel for their official use, or to an importer, manufacturer, dealer, or collector pursuant to federal law. A machine gun is defined as any firearm ``capable of discharging automatically and continuously loaded ammunition of any caliber in which ammunition is fed to such gun from or by means of clips, disks, drums, belts or other separable mechanical device.''

Miscellaneous

A mandatory minimum term of 3 years imprisonment is imposed on a person who commits a felony with the use or aid of a deadly weapon. The mandatory term is 5 years for a second offense and 10 years for any subsequent offense.

It is unlawful to sell, deliver, loan or barter any firearm to a minor without the consent of the parent or guardian.

It is unlawful to deface a firearm or to possess a defaced firearm.

It is unlawful to discharge a firearm while intoxicated, or within one hundred yards of an occupied school house, courthouse, or church building.

It is unlawful to shoot into a dwelling house, train, boat, motor vehicle or aircraft, outbuilding, or on, along or across a public highway.

No unit of local government shall adopt any order or ordinance concerning the sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permit, registration, taxation other than sales and compensating use taxes, or other controls on firearms, components, ammunition and supplies. Ordinances which regulate the open carrying of firearms readily capable of lethal use or the discharge of firearms within a jurisdiction are not prohibited.

SOURCE: Missouri Code Sections 571.010-571.150

Caution: State firearms laws are subject to frequent change. The above summary is not to be considered as legal advice or a restatement of law. To determine the applicability of these laws to specific situations which you may encounter, you are strongly urged to consult a local attorney. 

                  Compiled by:
        NRA Institute for Legislative Action
              11250 Waples Mill Road
              Fairfax, Virginia 22030

   (c)  1994, NRA Institute for Legislative Action.
              Permission to reprint
  granted with appropriate credit to NRA Institute.

NS 01210                             Rev. 3/94 10M