Sunday, February 14, 2021

MO: HB 52 Would Remove Prohibition of Weapons on Public Transport for Permit Holders

Seal of the state of Missouri

HB 52 in Missouri is written to remove some prohibitions existing in one of the gun free zones in Missouri. It allows people with concealed carry permits to carry their defensive firearms on public transportation. First, the current law.  From House Bill NO. 52,

Paragraph 3(11) of Section 70.441:

(11) Except as otherwise provided under section 571.107, no weapon or other instrument intended for use as a weapon may be carried in or on any facility or conveyance, except for law enforcement personnel. For the purposes hereof, a weapon shall include, but not be limited to, a firearm, switchblade knife, sword, or any instrument of any kind known as blackjack, billy club, club, sandbag, metal knuckles, leather bands studded with metal, wood impregnated with metal filings or razor blades; except that this subdivision shall not apply to a rifle or shotgun which is unloaded and carried in any enclosed case, box or other container which completely conceals the item from view and identification as a weapon;

The bill adds the below addition to 571.107, The addition exempts permit holders, while they are carrying a concealed firearm. 

Theoretically, if HB 52 passes, permit holders could still be arrested for the concealed carry any of numerous other weapons, such as knives or clubs.

Here is the relevant new part of Section 571.107, exempting permit holders:

3. Not withstanding any provision of this chapter or chapter 70, 577, or 578 to the contrary, a person carrying a firearm concealed on or about his or her person who is lawfully in possession of a valid concealed carry permit or endorsement shall not be prohibited or impeded from accessing or using any publicly funded transportation system and shall not be harassed or detained for carrying a concealed firearm on the property, vehicles, or conveyances owned, contracted, or leased by such systems that are accessible to the public. For purposes of this subsection, "publicly funded transportation system" means the property, equipment, rights-of-way, or buildings, whether publicly or privately owned and operated, of an entity that receives public funds and holds itself out to the general public for the transportation of persons. This includes portions of a public transportation system provided through a contract with a private entity but excludes any corporation that provides inter city passenger train service on railroads throughout the United States or any private partnership in which the corporation engages.

Missouri passed Constitutional Carry in 2016, overriding Governor Nixon's veto in that year. 

No permit is required to carry concealed weapons in most of Missouri.  Why limit the carry of weapons on public transportation to hidden, unloaded rifles and shotguns for anyone; and hidden pistols for people with concealed carry permits? 

The sensible thing would be to prohibit the carry on public transportation to legal weapons by people who may legally carry weapons. 

Perhaps this incremental reform is the best which can be moved through the Missouri legislature at this time.  

Improvements which seem plausible would be:

Replace "concealed firearm" with "legal weapon

It makes no sense to allow concealed unloaded rifles and shotguns, and/or loaded handguns, and forbid all other legal weapons. 

Alternately, replace: 

"carrying a firearm concealed on or about his or her person who is lawfully in possession of a valid concealed carry permit or endorsement"


"carrying a legal weapon on or about his or her person who is lawfully in possession of the weapon."

It make no sense to trust people to carry all through the state, and forbid their carry on public transportation. 

It seems the law is designed to disarm poor people.

HB 52 is an incremental improvement. It is better than nothing. 

Perhaps the legislature will see fit improve HB 52 with appropriate amendments.

©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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Anonymous said...

The Problem I see with firearms legislation of any (ANT) kind is, ANY words added to the 26 are by legally defined language used INFRINGEMEHTS. There are no written Limits to exercise the right to protect and defend one's self at any time any where under any Circumstances written in the second amendment. By the Framers construct, If it is not written it was not ratified and does not exist. The Fifth Circuit ruled even the human fist is a deadly weapon so are they going to start cutting the hands off of convicted felons??? Most every time when fist meets gun the fist looses. It makes no difference how you read the printed words in the constitution, there is no authority given to congress or any state legislature to amend the second amendment by passing an act or a new law. Changing or adding one word to the second amendment requires a constitutional amendment not a politically motivated unconstitutional infringement. If you are free to walk the street you have the right of self defense the same as any one. If you have been convicted of any crime and you have served your court ordered time that is payment to society for your crime against that society. The end of your sentence. No one I know of has ever made an appointment to be attacked while unarmed. If you are on Probation where is your minute to minute protection. Who is delegated to take the bullet met for you? if you can shoot back no delegate needed. I had an FFL. I was in the gun selling business. Not one registration form ever stopped a bullet for any one. A serial number never prevented the trigger from working. Guns do not kill people . People with guns kill people the reason people carry guns is to stop the people that intentionally kill others for no reason. I have been there , That is the way combat works. No one in combat cares how many parking tickets you have. When you are shot at you shoot back. Triple canopy jungle is no different than tall buildings. people can get killed any where. Constitutionally the second amendment is all of the protection you are guaranteed. Self defense is a personal responsibility and a right no one cant take from you. I made a perfect score on my pre-license FFL test. I know the laws and regulations very well. personally I think there is not one that is valid. Flying bullets never take the time to argue. If you want to try a difficult conversation Speak to a cross bow bolt/arrow in flight or a throwing knife. I know from experience, dead is dead if you are in one piece or scattered about. Only a pompous ass thinks they can deny another the right to defend themselves. Being a weapons expert let them try. The ignorant incompetent laws harm every one. For over 200 years No one needed training to buy or carry a gun. Why , because that requirement is not written in the constitution. legally a blind man can own a gun just hope he never tries to use it. Maybe the blind man has a specially constructed single lane firing range made just for him and want to train to shoot at sounds like many seeing Californians do. That sound must be a deer. No that deer can shoot back. Opps!

Anonymous said...

Pers9nally I have never seen any one killed by slamming their back against any one. People running away are not attacking. making an accurate shot while running is something I could never do and I'm a pretty damn good shot. Even in combat you cant make accurate shots running. I can make three shots you can cover with a dime at 25 meters standing still. full auto while running you might get lucky but you will keep their heads down.