Missouri Statewide Rule
Missouri Firearms Local Preemption Law
Key Facts
- Preemption Statute
- RSMo 21.750 broadly preempts local firearm regulation statewide
- Local Authority
- Cities may still regulate open carry and discharge inside city limits
- Permit Exception
- Concealed carry permit holders are exempt from local open-carry bans
- Attorney Fees
- Aggrieved parties may sue and recover fees against unlawful ordinances
- Scope
- Preemption covers firearms, ammunition, components, and accessories
Summary
Missouri broadly preempts local firearm regulation under RSMo 21.750, reserving most gun-related legislation to the state legislature and barring city or county ordinances on possession, transport, or registration.
The general assembly hereby occupies and preempts the entire field of legislation touching in any way firearms, components, ammunition and supplies to the complete exclusion of any order, ordinance or regulation by any political subdivision of this state. Any existing or future orders, ordinances or regulations in this field are hereby and shall be null and void except as provided in subsection 3 of this section.
Full Breakdown
RSMo 21.750 declares that the General Assembly occupies the whole field of firearm regulation, prohibiting any political subdivision from adopting orders, ordinances, or regulations on firearms, components, ammunition, or firearm accessories. Limited carve-outs allow localities to regulate open carry of firearms (with an exception for valid concealed carry permit holders) and discharge of firearms within municipal limits. The statute also forbids local enforcement of federal firearms laws that conflict with Missouri law and was strengthened by the 2021 Second Amendment Preservation Act, though portions of that act have been challenged in federal court. Cities and counties cannot impose waiting periods, registration schemes, assault weapon bans, or magazine capacity limits.
Violations & Penalties
Local ordinances that conflict with RSMo 21.750 are unenforceable. Persons aggrieved by an unlawful local firearm ordinance may bring civil action and recover attorney fees and costs.
Frequently Asked Questions
Can a Missouri city ban handguns or assault weapons?
Can cities prohibit open carry?
Can localities require gun registration?
Sources
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