Thursday, October 4, 2012

Something Is Starting To Smell

In the continuing quest to get to the bottom of the recent local ban on open carry of firearms, I sent this email to the City Council.

I am requesting the city council provide me with the Missouri Statute the they used to effect the recent ban on open carry in this city. Please provide the section, subsection and item of any and all statutes that are being applied. I know that RSMo 21.750.3 say that cities can institute a ban only if they exactly meet requirements of other statutes.
"3. Nothing contained in this section shall prohibit any ordinance of any political subdivision which conforms exactly with any of the provisions of sections 571.010 to 571.070, with appropriate penalty provisions, or which regulates the open carrying of firearms readily capable of lethal use or the discharge of firearms within a jurisdiction, provided such ordinance complies with the provisions of section 252.243. "
You help in this matter will be greatly appreciated.
Dean Carder

This is what I got in return.

Mr. Carder,
The Ordinance was passed pursuant to Section 21.750 RSMo.  Copies of Missouri statutes may be found at
Shannon Stroud
City Clerk
City of Excelsior Springs

This is my response to this non answer.

I realize, as stated, in my email that 21.750 was used. I asked for the exact section, subsection and item. 21.750.3 states that to enact a prohibition the city government must conform exactly to to any of the items in 571.010 to 571.070 and 252.243. So again, what section, subsection and item was used to violate our state right. Please, do not think I will settle for an generic answer to this vital question.

As always,

Dean Carder

I think something about this ban is really starting to smell bad. I anxiously await the next email from the council.

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