Open carry of guns remains prohibited in many places

Police say issues related to people carrying guns into businesses in the area are rare -- although an accidental gun discharge inside a Cape Girardeau restaurant Tuesday and at least one complaint about firearms being carried where they are not wanted occurred in the past year.

Police were called to West Park Mall in March as three people browsed a store, openly displaying guns. The incident frightened some mall customers into leaving the shopping center and resulted in the gun-toting shoppers being issued municipal summonses.

On Tuesday, a patron of BG's Olde Tyme Deli at 205 S. Plaza Way in Cape Girardeau carried a gun into the restaurant. The man was hanging his jacket over the back of a chair when the gun fell out of a pocket and fired one shot into a wall. No one was hit. The man went outside and called police himself, then waited for officers to arrive.

Police deemed the incident accidental, and the man was not charged. The weapon was legal, and a city ordinance that prohibits the discharge of a firearm in city limits states a person must knowingly fire the weapon, said city attorney Eric Cunningham.

City ordinances, which changed in December, allow open carrying of firearms by people who have concealed-carry permits, said police spokesman Darin Hickey. So far, there haven't been any complaints about open or concealed-carry violations, or about weapons being where they aren't wanted, he said.

Whether a private business decides to permit people to carry weapons is up to the owner.

Under state law and local ordinances, carrying a weapon into a prohibited area is not a criminal offense. Law enforcement officers may issue a fine, however, to someone who carries an unwanted weapon onto private property and refuses to leave when asked by the property's owner -- basically making the offense trespassing. Concealed weapons, according to state law, may not be carried on public or private property where posted.

For that reason, many firearms instructors who help people gain the credentials required for carrying permits advise students not to take their guns anywhere they see prohibitive postings.

BG's did not have any signs prohibiting the carrying of weapons.

"What we tell people in the classes is that the law says if it is posted 'no carry,' you aren't supposed to carry inside the business," said Jason McBride, a firearms instructor at River City Firearms Training near Cape Girardeau.

McBride said there are two methods in carrying weapons -- on body and off-body carry. The method used by the patron of BG's would be considered an off-body carry.

"Off-body carry would be in a purse or a jacket pocket," McBride said, "and I don't really recommend either because you don't have positive control of the weapon.

"We emphasize the pros of on-body carry, which is having the weapon secured in a holster or inside the waistband, or strong side hip, or whatever works for you," he said. "That's the key, is keeping the weapon secure ... one, where it's not going to fall out, and two, no one else has access to it."

State and local laws include a lengthy list of places where carrying firearms is prohibited. Carrying even by permit holders is not allowed, with some exceptions depending on who gives permission, in:

• police stations, courthouses and court facilities;
• jails;
• polling places on election days;
• schools;
• government meetings;
• casinos;
• large sports arenas;
• hospitals;
• airports;
• places prohibited by federal law;
• public and private property where posted.

Other establishments that allow carrying of firearms with the permission of an owner, manager or other supervisor include bars, churches and child-care facilities.

In addition to having to pay fines, a holder of a concealed-weapon permit may have his or her permit suspended for one year if found to commit more than one violation within six months. He or she can become ineligible for a permit for three years if found to have committed three violations within a year.

eragan@semissourian.com

388-3632

Pertinent address:

205 South Plaza Way, Cape Girardeau, Mo.