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.
 
Respectfully,
 
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 http://www.moga.mo.gov/STATUTES/STATUTES.HTM. 
 
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,
Respectfully,

Dean Carder


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

A Chat With The Chief

Last night Cherry Pie and I went to the local annual shindig call Waterfest. While I was gimping and she was strolling we ran into the Chief Of Police. I asked him about open carry in our town. I knew the city ordinance and knew (or thought I did) the State pre-emption law. But I asked anyway just to get it from the horses mouth. He said it was allowed BUT if they started receiving complaints and it it became more common then THEY would pass an ordinance banning open carry. To say I was stunned was an understatement. If we have a right and we exercise that right then they will ban it! If we talk to much would they ban speech? I wonder if he listened to what he was saying.
As it turns out we both were in the dark According to Missouri Revised Statutes of 2011 the whole pre emption thing has gone bye-bye.

2. No county, city, town, village, municipality, or other political subdivision of this state shall adopt any order, ordinance or regulation concerning in any way 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 except as provided in subsection 3 of this section.

So, it seems on these hotter than hell days we seem to be having every day I really don't need to have a cover shirt on. I can dress as usual or for the weather and carry as I see fit.
Now should I open carry, not goading or baiting the cops, and wait for that day when a police office detains me for exercising my right and the get hold of the States Attorney General and file a complaint aginst the Police department and the city or should I be the nice guy and send this info to the Police Chief?
I see intesting days ahead in our little hamlet.