§ 571.107.1, RSMo self-nullifying 'prohibited places' in Missouri?

https://www.usconcealedcarry.com/resources/ccw_reciprocity_map/mo-gun-laws/ lists a number of places in Missouri that are “off-limits”. USCCA cites § 571.107.1, RSMo regarding most of them.

The places USCCA described to appear verbatim in 571.107. but… read the full law, closely, after the end of the places list… (I added bolding to make it easier for the readers on this thread)

The actual law:

*571.107. Permit does not authorize concealed firearms, where — penalty for violation. — 1. A concealed carry permit issued pursuant to sections [571.101 to 571.121](Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo, Missouri Law, MO Law, Joint Committee on Legislative Research to 571.121), a valid concealed carry endorsement issued prior to August 28, 2013, or a concealed carry endorsement or permit issued by another state or political subdivision of another state shall authorize the person in whose name the permit or endorsement is issued to carry concealed firearms on or about his or her person or vehicle throughout the state. No concealed carry permit issued pursuant to sections [571.101 to 571.121](Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo, Missouri Law, MO Law, Joint Committee on Legislative Research to 571.121), valid concealed carry endorsement issued prior to August 28, 2013, or a concealed carry endorsement or permit issued by another state or political subdivision of another state shall authorize any person to carry concealed firearms into:

(1) Any police, sheriff, or highway patrol office or station without the consent of the chief law enforcement officer in charge of that office or station. Possession of a firearm in a vehicle on the premises of the office or station shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;

(2) Within twenty-five feet of any polling place on any election day. Possession of a firearm in a vehicle on the premises of the polling place shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;

(3) The facility of any adult or juvenile detention or correctional institution, prison or jail. Possession of a firearm in a vehicle on the premises of any adult, juvenile detention, or correctional institution, prison or jail shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;

(4) Any courthouse solely occupied by the circuit, appellate or supreme court, or any courtrooms, administrative offices, libraries or other rooms of any such court whether or not such court solely occupies the building in question. This subdivision shall also include, but not be limited to, any juvenile, family, drug, or other court offices, any room or office wherein any of the courts or offices listed in this subdivision are temporarily conducting any business within the jurisdiction of such courts or offices, and such other locations in such manner as may be specified by supreme court rule pursuant to subdivision (6) of this subsection. Nothing in this subdivision shall preclude those persons listed in subdivision (1) of subsection 2 of section 571.030 while within their jurisdiction and on duty, those persons listed in subdivisions (2), (4), and (10) of subsection 2 of section 571.030, or such other persons who serve in a law enforcement capacity for a court as may be specified by supreme court rule pursuant to subdivision (6) of this subsection from carrying a concealed firearm within any of the areas described in this subdivision. Possession of a firearm in a vehicle on the premises of any of the areas listed in this subdivision shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;

(5) Any meeting of the governing body of a unit of local government; or any meeting of the general assembly or a committee of the general assembly, except that nothing in this subdivision shall preclude a member of the body holding a valid concealed carry permit or endorsement from carrying a concealed firearm at a meeting of the body which he or she is a member. Possession of a firearm in a vehicle on the premises shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises. Nothing in this subdivision shall preclude a member of the general assembly, a full-time employee of the general assembly employed under Section 17, Article III, Constitution of Missouri, legislative employees of the general assembly as determined under section 21.155, or statewide elected officials and their employees, holding a valid concealed carry permit or endorsement, from carrying a concealed firearm in the state capitol building or at a meeting whether of the full body of a house of the general assembly or a committee thereof, that is held in the state capitol building;

(6) The general assembly, supreme court, county or municipality may by rule, administrative regulation, or ordinance prohibit or limit the carrying of concealed firearms by permit or endorsement holders in that portion of a building owned, leased or controlled by that unit of government. Any portion of a building in which the carrying of concealed firearms is prohibited or limited shall be clearly identified by signs posted at the entrance to the restricted area. The statute, rule or ordinance shall exempt any building used for public housing by private persons, highways or rest areas, firing ranges, and private dwellings owned, leased, or controlled by that unit of government from any restriction on the carrying or possession of a firearm. The statute, rule or ordinance shall not specify any criminal penalty for its violation but may specify that persons violating the statute, rule or ordinance may be denied entrance to the building, ordered to leave the building and if employees of the unit of government, be subjected to disciplinary measures for violation of the provisions of the statute, rule or ordinance. The provisions of this subdivision shall not apply to any other unit of government;

(7) Any establishment licensed to dispense intoxicating liquor for consumption on the premises, which portion is primarily devoted to that purpose, without the consent of the owner or manager. The provisions of this subdivision shall not apply to the licensee of said establishment. The provisions of this subdivision shall not apply to any bona fide restaurant open to the general public having dining facilities for not less than fifty persons and that receives at least fifty-one percent of its gross annual income from the dining facilities by the sale of food. This subdivision does not prohibit the possession of a firearm in a vehicle on the premises of the establishment and shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises. Nothing in this subdivision authorizes any individual who has been issued a concealed carry permit or endorsement to possess any firearm while intoxicated;

(8) Any area of an airport to which access is controlled by the inspection of persons and property. Possession of a firearm in a vehicle on the premises of the airport shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;

(9) Any place where the carrying of a firearm is prohibited by federal law;

(10) Any higher education institution or elementary or secondary school facility without the consent of the governing body of the higher education institution or a school official or the district school board, unless the person with the concealed carry endorsement or permit is a teacher or administrator of an elementary or secondary school who has been designated by his or her school district as a school protection officer and is carrying a firearm in a school within that district, in which case no consent is required. Possession of a firearm in a vehicle on the premises of any higher education institution or elementary or secondary school facility shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;

(11) Any portion of a building used as a child care facility without the consent of the manager. Nothing in this subdivision shall prevent the operator of a child care facility in a family home from owning or possessing a firearm or a concealed carry permit or endorsement;

(12) Any riverboat gambling operation accessible by the public without the consent of the owner or manager pursuant to rules promulgated by the gaming commission. Possession of a firearm in a vehicle on the premises of a riverboat gambling operation shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;

(13) Any gated area of an amusement park. Possession of a firearm in a vehicle on the premises of the amusement park shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;

(14) Any church or other place of religious worship without the consent of the minister or person or persons representing the religious organization that exercises control over the place of religious worship. Possession of a firearm in a vehicle on the premises shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;

(15) Any private property whose owner has posted the premises as being off-limits to concealed firearms by means of one or more signs displayed in a conspicuous place of a minimum size of eleven inches by fourteen inches with the writing thereon in letters of not less than one inch. The owner, business or commercial lessee, manager of a private business enterprise, or any other organization, entity, or person may prohibit persons holding a concealed carry permit or endorsement from carrying concealed firearms on the premises and may prohibit employees, not authorized by the employer, holding a concealed carry permit or endorsement from carrying concealed firearms on the property of the employer. If the building or the premises are open to the public, the employer of the business enterprise shall post signs on or about the premises if carrying a concealed firearm is prohibited. Possession of a firearm in a vehicle on the premises shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises. An employer may prohibit employees or other persons holding a concealed carry permit or endorsement from carrying a concealed firearm in vehicles owned by the employer;

(16) Any sports arena or stadium with a seating capacity of five thousand or more. Possession of a firearm in a vehicle on the premises shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;

(17) Any hospital accessible by the public. Possession of a firearm in a vehicle on the premises of a hospital shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises.

  1. Carrying of a concealed firearm in a location specified in subdivisions (1) to (17) of subsection 1 of this section by any individual who holds a concealed carry permit issued pursuant to sections [571.101 to 571.121](Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo, Missouri Law, MO Law, Joint Committee on Legislative Research to 571.121), or a concealed carry endorsement issued prior to August 28, 2013, shall not be a criminal act but may subject the person to denial to the premises or removal from the premises. If such person refuses to leave the premises and a peace officer is summoned, such person may be issued a citation for an amount not to exceed one hundred dollars for the first offense. If a second citation for a similar violation occurs within a six-month period, such person shall be fined an amount not to exceed two hundred dollars and his or her permit, and, if applicable, endorsement to carry concealed firearms shall be suspended for a period of one year. If a third citation for a similar violation is issued within one year of the first citation, such person shall be fined an amount not to exceed five hundred dollars and shall have his or her concealed carry permit, and, if applicable, endorsement revoked and such person shall not be eligible for a concealed carry permit for a period of three years. Upon conviction of charges arising from a citation issued pursuant to this subsection, the court shall notify the sheriff of the county which issued the concealed carry permit, or, if the person is a holder of a concealed carry endorsement issued prior to August 28, 2013, the court shall notify the sheriff of the county which issued the certificate of qualification for a concealed carry endorsement and the department of revenue. The sheriff shall suspend or revoke the concealed carry permit or, if applicable, the certificate of qualification for a concealed carry endorsement. If the person holds an endorsement, the department of revenue shall issue a notice of such suspension or revocation of the concealed carry endorsement and take action to remove the concealed carry endorsement from the individual’s driving record. The director of revenue shall notify the licensee that he or she must apply for a new license pursuant to chapter 302 which does not contain such endorsement. The notice issued by the department of revenue shall be mailed to the last known address shown on the individual’s driving record. The notice is deemed received three days after mailing.

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(L. 2003 H.B. 349, et al., § 571.094, subsecs. 20, 21, A.L. 2009 H.B. 132, A.L. 2010 H.B. 1692, et al., A.L. 2011 H.B. 294, et al., A.L. 2013 S.B. 75, A.L. 2014 S.B. 656)

*Effective 10-10-14, see § 21.250. S.B. 656 was vetoed July 14, 2014. The veto was overridden on September 10, 2014.

So. Doesn’t this mean that the majority of 571.107.1 is fluff/nullified? As far as laws go the idea generally is to define what is a crime right, and it specifically says “SHALL NOT BE A CRIMINAL ACT”, doesn’t it?

FULL DISCLOSURE: carry on public transportation is a different issue, covered elsewhere in MO law at the behest of St. Louis. But casinos, hospitals, amusement parks, anything else in “subdivisions (1) to (17)”, which is the “list of prohibited places”, is null and void if you have a permit right?

571.107 reads to me like you only get in trouble if they tell you to leave and you refuse. Uhm… Any private business can ask you to leave for any reason and you get in trouble if you don’t, so that’s nothing gun related.

If you make a habit of refusing and the trespass was related to your firearm they eventually take your permit away, but that’s nothing I’d worry about.

So (sorry if this is better left unsaid but…) I think the list in 571.107 is only there to pacify the illiterate hipster nose-ringed bluehaired black-turtlenecked, fedora-wearing communists who can point to a list and feel safe. “nice list. long list. pretty list. safe spaceeeeee” and go on about their day without bothering us.

I’m also asking this because I’d rather like to engage in peaceful, joyous, commerce at places that this list describes every once in a while, and It would be irresponsible for anyone to needlessly play with their firearm in a vehicle to “lock it up” before going in somewhere where who knows who’s watching in the parking lot, fixing to steal their loaded, working firearm from the lockbox.

So, @MikeBKY what do you think. It kind of comes down to what “prohibited” even means.
Philosophically: Can something be said to be “prohibited” if there is no criminal consequence for doing it?
If the very same law that prohibits it says “SHALL NOT BE CRIMINAL”

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KRS 237.110(16) lists the following places as “prohibited places” where it is a crime
Except as provided in KRS 527.020, no license issued pursuant to this section shall
authorize any person to carry a concealed firearm into:
(a) Any police station or sheriff’s office;
(b) Any detention facility, prison, or jail;
(c) Any courthouse, solely occupied by the Court of Justice courtroom, or court
proceeding;
(d) Any meeting of the governing body of a county, municipality, or special
district; or any meeting of the General Assembly or a committee of the
General Assembly, except that nothing in this section shall preclude a member
of the body, holding a concealed deadly weapon license, from carrying a
concealed deadly weapon at a meeting of the body of which he or she is a
member;
(e) Any portion of an establishment licensed to dispense beer or alcoholic
beverages for consumption on the premises, which portion of the
establishment is primarily devoted to that purpose;
(f) Any elementary or secondary school facility without the consent of school
authorities as provided in KRS 527.070, any child-caring facility as defined in
KRS 199.011, any day-care center as defined in KRS 199.894, or any certified
family child-care home as defined in KRS 199.8982, except however, any
owner of a certified child-care home may carry a concealed firearm into the
owner’s residence used as a certified child-care home;
(g) An area of an airport to which access is controlled by the inspection of
persons and property; or
(h) Any place where the carrying of firearms is prohibited by federal law.

There are additional places in the same statute and several others where firearms prohibitions are not subject to criminal penalty. This includes the vast majority of business and other places open to the public that post no gun signs. If they figure out you have a weapon, they can ask you to leave. If you don’t leave, it is criminal trespass.

I would not go so far as saying it is there cater to a particular crowd but more to remind people that the government is telling private persons that they have no right to prohibit people from bringing firearms on to their property. Property holders have extensive rights with whom they allow or disallow on their property and what activities invitees are able to engage in. But, breaking their rules does not constitute a crime.
I see this as no different than a business telling a person that they cannot jump on a soapbox and protest pro-life or pro-choice or from a person laying down a prayer mat at sunset in the produce section at Target.

I can prohibit many things in my home or on my property but my rules do not have the force of law.

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I had to google KRS. That’s Kentucky. I know you’re from there, but I think of you as an expert in understanding law. I was asking about Missouri. It reads pretty similarly though.

It’s actually kind of interesting the language in both used the phrasing “the permit shall not authorize a person to carry a firearm into x y z”

Well. The permit doesn’t authorize all sorts of things. It doesn’t authorize me to fly an airplane. It doesn’t authorize me to dispose of nuclear waste. It doesn’t authorize me to burn leaves or set off fireworks in the city.

I think it’s frankly useless and irrelevant for law to say what the permit doesn’t authorize.

The 10th amendment to the US constitution reserves all rights not otherwise therein limited to the people and to the states. And the 20th amendment to the Kansas constitution reserves all rights not otherwise limited therein to the people. So we are free by default.

This where the island of restriction in a sea of freedom concept comes from.

We mustn’t ask the government for permission for things. That’s a terrible precedent to set. And we shouldn’t feed those kinds of egos. If legislators want to outlaw something they need to state clearly what is prohibited and where.

But that’s getting off topic of how the law works in Missouri…

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Thanks for the response @P365. I am licensed in Kentucky and can only give legal advice regarding Kentucky law. As you noted, the Missouri law is extremely similar to Kentucky’s law. But, a lot depends on how courts have interpreted the laws and that can very greatly by state.

The language “does not authorize” has to be looked at in conjunction with the rest of the statute. Here’ is how Kentucky’s law (KRS 237.110) starts:

(2) An original or renewal license issued pursuant to this section shall:
(a) Be valid throughout the Commonwealth and, except as provided in this section or other specific section of the Kentucky Revised Statutes or federal law, permit the holder of the license to carry firearms, ammunition, or other deadly weapons, or a combination thereof, at any location in the Commonwealth;
(b) Unless revoked or suspended as provided by law, be valid for a period of five (5) years from the date of issuance;
(c) Authorize the holder of the license to carry a concealed firearm or other deadly weapon, or a combination thereof, on or about his or her person; and
(d) Authorize the holder of the license to carry ammunition for a firearm on or about his or her person.

It is not unusual for laws to “authorize” a broad category of things and then pick away at that authorization.

I also understand the Constitutional issues you bring up. But, the authors of the Bill of Rights used distinctly different language with respect to the First and Second Amendments. The First Amendment states “Congress shall make no law” while the Second says “shall not be infringed.” In the law, words have meaning. The Second Amendment does not prohibit the government from making laws regarding the right to bear arms. But, those laws cannot infringe the right. I see the possibility of a state prohibiting concealed carry but authorizing open carry. That was the law in Kentucky until this law was passed in 1996. The Supreme Court’s most recent decision may make an earlier 9th Circuit opinion come to pass that stated that if concealed carry is not allowed, the de facto law in the state would allow open carry.

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@MikeBKY Do you know anyone comparable to your expertise in MO or KS? How long did it take you to get where you are today?

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Unfortunately, I do not. I would look for network attorneys on the USCCA list.

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