Thursday, September 15, 2016

MO: Legislature Overrides Veto, Constitutional Carry Effective 1 Jan 2017



The veto override session in Missouri started today, and the vetos of Governor Nixon on a gun reform law and voter ID.  The gun law reform includes Constitutional carry, or a close variant there of.  Some prefer that it be called permitless carry, as no permit is required to carry a firearm, openly or concealed. Permitless carry will go into effect on 1 January, 2017. The basic reforms in the law are these; From the NRA-ILA:





  • Recognize Missourians right to Constitutional/Permitless Carry where open carry is not prohibited
  • Expand Missouri’s current Stand your Ground laws 
  • Expand Castle Doctrine protections for anyone legally allowed into your home, vehicle, business and property
  • Specify that except for credit card fees incurred, no additional fee beyond $100 may be charged to process concealed carry permits and allows military members extra time to renew their permits
  • Implement 10, 20 and 50 year options for non-reciprocity issued permits
  • Allow components of firearm training for RTC permits to be online


  • From reuters.com:
    Missouri lawmakers pushed through bills on Wednesday eliminating the need for permits to carry concealed weapons and requiring voters to show a photo identification before casting a ballot, overriding Democratic Governor Jay Nixon's vetoes of the bills.

    Both votes by the Republican-controlled state House and Senate reached the two-thirds majority required to enact legislation over the governor's veto.

    The weapons bill abolished a state law requiring a permit, training and background checks for people who want to carry a concealed weapon in the state.

    The House voted 112-41 to override Nixon's veto and the Senate voted 24-6.

    The override of the veto of the gun law reform bill was a replay of another veto override session in 2014.  The number of the bill was even the same, SB 656.  The number likely was assigned as a reminder to the Governor that the legislature would override his veto. They kept their promise.

    In 2014, the gun law reform bill veto was overridden in the Senate 23 - 8, and in the House, 114 - 39.  The numbers are similar; a little more margin in the Senate, a little less in the House, this year.

    Two thirds of the vote in each body is necessary to override.  This year, the numbers were closer to 75% in the House and 80% in the Senate.

    Missouri makes 11 states that have Constitional/permitless carry, with four of them being added in 2016.   Idaho, Mississippi and West Virginia have passed similar legislation in 2016. The other "Constitutional" carry states are Alaska, Arizona, Arkansas, Kansas, Maine, Vermont, and Wyoming.


    Some analysts include Montana as a Constitutional carry state, because Constitutional carry is the law outside of city limits.  Others contend that Arkansas law is not "permitless" but Arkansas law is very similar to Vermont law, which has been permitless since before statehood in March of 1791.


    In Vermont, the law says that a person may not carry with criminal intent; therefore, if a person does not have criminal intent, they are not breaking the law.

    In Vermont, the law says that a person may not carry with criminal intent; therefore, if a person does not have criminal intent, they are not breaking the law.  I have not read of any analyst that claims that Vermont is not permitless carry.

     ©2016 by Dean Weingarten: Permission to share is granted when this notice and link are included.
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    2 comments:

    Anonymous said...

    The green is growing but it needs to grow faster.

    Richard C. said...

    The map above is wrong. It shows Arkansas as unrestricted but, that is not correct. I think someone updating the map meant to make Kansas unrestricted. FYI