Quote:
|
Originally Posted by motorhead0922
Yea I'm thinking the removal of the CC language means they should be going constitutional carry
|
I'm not so certain, although I'll admit to having limited familiarity with MO law.
In general, if a state allows lawful unlicensed OC under most circumstances, requiring a license (and accompanying fee) for CCW is not necessarily considered to infringe on the RKBA of those who choose not to get the license, because those persons can presumably OC instead.
Based on a quick search of handgunlaw.us, it appears that MO allows local preemption of OC. IMHO
this provision is more vulnerable than licensed CCW. The new phrase "...state of Missouri shall be
obligated to uphold these rights..." (
emphasis mine) implies that the legislature and the AG have an
explicit obligation to stop local infringements that don't serve a
very well-justified purpose.
[EDIT TO ADD:] My interpretation of the previous "...the right... shall not justify the wearing of concealed weapons..." language is that the state gov't was
allowed to prohibit CCW, but was not
obligated to do so.