Authored by Dale H. Roberts, Esq. An independent, ongoing legal education resource breaking down court rulings, statutory defense of justification, and firearms regulations without confusing legalese or commercial noise.
US Supreme Court (SCOTUS), 8th Circuit, and Missouri decisions summarized with straightforward holdings and takeaways.
Missouri Revised Statutes (RSMo) Chapters 563 (Use of Force) and 571 (Weapons Offenses), and U.S. Code (USC) Title 18 Gun Control Act and Title 26 National Firearms Act.
Curated legal essays, travel considerations, Castle Doctrine boundaries, and interacting with law enforcement.
State expungement under RSMo § 610.140, governor pardons, and overcoming federal 18 U.S.C. § 922(g) disabilities.
Broadcast recordings, statutory breakdowns, on-air debates, and answers to listener questions.
Clear and concise explanations of laws and regulations regarding Second Amendment issues translated into plain English.
Ongoing digest of decisions from the Supreme Court of the US (SCOTUS), the Federal 8th Circuit, and Missouri Courts.
Statutory Provisions Related To The Right To Self-Defense And The Right To Keep And Bear Arms.
Codifies the standard of reasonable belief when using physical or deadly force to protect against unlawful force or forcible felonies. Explicitly provides that there is no duty to retreat if a person is in any place where they have a lawful right to be.
Establishes the presumption of reasonableness when defending against an intruder who unlawfully enters or remains in a person's dwelling, residence, or occupied vehicle.
Missouri generally permits law-abiding citizens (19+, not otherwise prohibited) to carry a concealed firearm without a concealed carry permit, subject to statutory location restrictions.
Lists 17 statutory locations (bars, churches, private businesses with posted signage, etc.) where concealed carry remains illegal if you are exercising permitless, or ‘Constitutional Carry’.
Note: The Federal laws governing Second Amendment rights have been in almost constant turmoil following the Bruen decision.
As of October 1, 2026, there were 434 cases challenging the provisions of the Gun Control Act and/or the National Firearms Act in Federal Courts all across America.
The US Supreme Court has already decided to hear two Second Amendment Cases this term and the Court is deliberating whether to hear at least 59 other cases dealing with Second Amendment issues.
Prohibits firearms possession by convicted felons, individuals convicted of qualifying misdemeanor crimes of domestic violence, unlawful drug users, and those subject to qualifying protective orders.
Federal safe-harbor protecting travelers moving between two jurisdictions where they may lawfully possess firearms, provided weapons are unloaded, cased, and inaccessible.
Practical legal analyses drawn from Dale H. Roberts' 20 years of curriculum for armed citizens and instructors.
The Supreme Court's constitutional test requires the government to demonstrate that any modern firearms restriction is consistent with the nation's historical tradition of firearm regulation, discarding two-step interest-balancing tests in favor of textual and historical fidelity.
In Missouri, the defensive use of deadly force requires: (1) an immediate, unlawful threat of death, serious physical injury, or forcible felony; (2) reasonable belief that such force is necessary; and (3) that the defender was not the initial aggressor.
In Missouri, if you may legally possess a firearm, you are not required to have a permit to conceal it in your vehicle. However, many other states, especially Illinois, do not allow you to do so, and a violation of this sort can bring very serious consequences! Know before you go.
Missouri does not have a statutory “duty to inform” law during routine traffic stops unless directly asked by an officer. However, if you are carrying, it is good advice and will help establish trust if you advise the officer, “Before I reach for my license, just so you know, I have my concealed carry firearm on me.” I’ve done that and had an officer chuckle and tell me, “If you don’t reach for yours, I won’t reach for mine.” Communicating openly and calmly prevents misunderstandings.
Definitions, as used herein: (RSMo refers to a Missouri Statute. USC and CFR are Federal Laws and Regulations.)
Navigating And Coordinating The Missouri And Federal Legal Procedures For Restoring Your Right To Keep And Bear Arms.
The Missouri expungement of prior conviction will rarely restore your rights under federal law. However, US Attorney General Todd Blanche recently established a formal process by which someone prohibited by federal law from possessing firearms can apply for restoration of their federal firearms rights.
Allows certain misdemeanors and non-violent felonies to be closed from criminal history records after qualifying statutory waiting periods.
An individual may file to expunge an alcohol-related driving or boating offense if: it was a misdemeanor, if the offense did not involve operating a commercial vehicle, if it occurred at least 10 years ago, and if it was a first and only alcohol-related driving offense. See RSMo § 610.130 . Or you may contact me for details.
An individual may file to expunge one or more crimes if each such crime occurred within the state of Missouri and was prosecuted under the jurisdiction of a Missouri court. To do so, the applicant must list all the crimes he or she is seeking to have expunged.
The list of offenses that are not eligible for expungement is too lengthy for this post, but generally includes: Class A felony offenses or any dangerous felony as that term is defined in section 556.061; any offense that requires registration as a sex offender; any felony offense where death is an element of the offense; any felony offense of assault; misdemeanor or felony offense of domestic assault; felony offense of kidnapping; and others. For the full list and details, see RSMo § 610.140 .
Executive clemency and pardons in Missouri are granted exclusively by the Governor under Article IV, Section 7 of the Missouri Constitution, but applications must first be processed and investigated by the Missouri Department of Corrections Parole Board.
On November 4, 2026, Application for Restoration opens to the public.
If you are an individual federally prohibited from possessing, or otherwise handling, firearms pursuant to 18 U.S.C. 922(g), you are eligible to apply for Federal Firearms Rights Restoration (FFRR). The eligibility and disqualifying terms are too lengthy for this page. You may contact me if you wish to pursue the issue.
Required Documents: An application must contain current fingerprints from an appropriate agency, along with complete and verified copies on any issue for which you are disqualified. These include records concerning such issues as: residential history and arrest records; state or federal felony conviction; mental health commitment or adjudication as mental defective; military conviction; renouncement of U.S. citizenship; misdemeanor domestic violence conviction; state pardon, expungement, or set aside; Veterans of the U.S. Armed Forces records; and foreign records.
As of this writing, the Department of Justice has not yet published the application form.
Federal law forbids the possession of firearms by “prohibited persons” identified in general terms as a, felon; fugitive from justice; unlawful user of any controlled substance; anyone adjudicated as a mental defective or committed to a mental institution; an illegal alien; anyone discharged from the Armed Forces under dishonorable conditions; anyone who has renounced his citizenship; person subject to certain domestic abuse orders; or who has been convicted of a misdemeanor crime of domestic violence.
A rule for “Application for Relief from Disabilities Imposed by Federal Laws” was published in the Federal Register on August 20, 2026. The Department of Justice page states “an online application form will be available soon.” The application process is complex and requires specific documentation such as certified copies of the applicant’s records concerning convictions, mental health adjudications, military convictions and other military records, renouncement of U.S. citizenship, and documentation of state pardon or expungement.
Tune in for legal debates and deep dives into Second Amendment jurisprudence. For the past 10 years, Dale Roberts has provided regular commentary on episodes sponsored by Graf and Sons.
Every third week on the broadcast, Dale breaks down recent decisions from the U.S. Supreme Court, Missouri Supreme Court, the 8th Circuit of Appeals, and other courts across the US to offer analysis translating the courts’ holdings into practical takeaways for everyday citizens and instructors. Access the complete archive of full-length broadcasts, Second Amendment legal debates, statutory updates, and listener Q&A sessions directly through the official broadcasting network or your preferred podcast provider.
What gun owners must look for in professional firearms instruction and legal use-of-force education.
Master Firearms Instructor & Defensive Tactics Specialist
“In over 20 years of teaching firearms law, Todd Burke is the most professional and exceptionally well-qualified instructor I have ever had the pleasure of working with—both as a student in his classes and as a fellow instructor. His curriculum exemplifies the gold standard of disciplined, legally sound, and tactically correct training.”
Direct verified links to official Missouri and Federal judicial records and statutory databases.
Official state interactive reciprocity map and nationwide concealed carry permit recognition agreements.
Concealable Firearms, Concealed Carry Permits, and related issues.
Justifiable use of force in self-defense and the defense of others.
Comprehensive archive of Supreme Court case summaries, oral argument recordings, and opinion transcripts.
“Gun Facts : Gun Facts™ debunks common myths about guns, violence and gun control policy. It is intended as a reference guide for journalists, politicians and anyone interested in learning about guns policy and restoring honesty to the debate.”
Administrative rulings, NFA guidance, Form 4473 requirements, and federal firearms definitions.
Quick answers to commonly asked questions on Missouri and federal firearms laws.
Yes and no. Generally, a law enforcement agency can check their database to see if it was reported stolen. Otherwise, most agencies must file ATF Form 3312.1 to initiate a trace. The firearm is then traced by the ATF's National Tracing Center using the following steps:
Yes. You may dispose of firearms in your will. (RSMo § 474.333)
You may also dispose of ‘NFA Weapons’ through your will. As explained at § 9.5.3 of the National Firearms Act Handbook, you may leave an NFA weapon to someone in your will and, assuming they may lawfully possess an NFA weapon, they will not have to pay the transfer fee.
No. It was formerly a crime to be under the influence of drugs or alcohol and in the possession of a loaded firearm (felony) or an unloaded firearm (misdemeanor). There were no exceptions. This changed in 2010. (See H.B. 1692, 1209, 1405, 1499, 1535, & 181, Sen. Clemmons, et al.)
Missouri law now states it is an offense only if (a) you have a firearm on your person, (b) while you are intoxicated, and (c) you handle it in a negligent or unlawful manner or discharge it, unless you discharge it in self-defense, which is lawful. (RSMo § 571.030.1(5))
Federal law on this issue, primarily regarding drugs, is changing and somewhat unpredictable.
No. There is nothing in state or federal law that prohibits an 18-year-old from possessing a handgun. However, under federal law you must be 21 to purchase a handgun or handgun ammunition from an FFL. An 18-year-old may lawfully purchase a handgun from a (non-licensed) individual. (18 U.S.C. § 922(b)(1))
A parent or guardian may give a handgun and ammunition to an 18-year-old (Gun Control Act, 18 U.S.C. § 922(x)), and anyone younger than 18 may possess a handgun with the written permission of a parent. (18 U.S.C. § 922(x))
No. Unless it is a juvenile detention facility, prison, jail, or federal building, it is not illegal if and only if you have a CCW permit. The language in the statute “Permit does not authorize concealed firearms” (RSMo § 571.107) is widely misunderstood. In plain English, the statute tells citizens: just because your CCW is good all ‘throughout the state’ that does not mean you are automatically “authorized” to go onto someone else's property with a firearm.
And to emphasize the point, Section 2 of the statute states that if you have a CCW permit and you do carry a concealed firearm in a location specified in its subdivisions, except for jail facilities and federal property, it “shall not be a criminal act,” but a property owner can always require you to leave their property.
Important note: It is a crime to enter those 17 locations while exercising Constitutional or Permitless Carry.
Yes. You may do so and it is not a crime under Missouri statute. However, you must leave if asked to do so.
If you carry into one of those places and you are asked to leave, and you refuse, and they call the police, and an officer asks you to leave and you still refuse, then you “may” receive a ticket (for your first offense). The ticket for a first offense may not exceed $100 and as stated in the statute, “it shall not be a crime.” (RSMo § 571.107.2) A second such incident will result in a larger fine and the suspension of your CCW permit for one year.
Yes. If you have a Missouri CCW permit, you may lawfully carry a firearm into a school in Missouri.
Federal law: The Gun-Free School Zones Act of 1990 states: “(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.”
However, part (B) goes on to state: “Subparagraph (A) does not apply to the possession of a firearm (ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located...” Thus, the Federal prohibition does not apply if the person with the firearm is licensed to carry by the state of Missouri.
Missouri Law: Two different statutes prohibit carrying a firearm into a school (See RSMo § 571.030.1(10) and RSMo § 571.107.1(10)). But each of those statutes contains an exception so that the prohibition does not apply to someone who has a current Missouri Concealed Carry permit.
NOTE: Missouri's Sheriffs also recognize the fact that a CCW holder may carry in a school. See the Morgan County Sheriff's Office CCW Policy.
YES. It is a violation of federal law to attempt to take a firearm past the TSA checkpoint. However, it is not illegal to transport a firearm in checked luggage. (See 49 CFR § 175.10(a)(8))
It must be in a TSA-approved locked container and you must follow the airline's regulations about declaring the firearm's presence to the agent before you check your luggage. (See Transporting Firearms and Ammunition.)
NO. Neither federal nor Missouri law prohibits carrying a firearm into the “public area” of an airport if you have a Missouri CCW permit. (Caution! TSA and other officers may be unaware of this technical exception and you may be detained while it is resolved.)
“Federal law on firearms possession only applies to the so-called ‘sterile’ area (the area beyond the metal detectors) of passenger terminals.” And “Possession of firearms outside the ‘sterile’ area, the terminal public area and airport vehicle parking lot, is governed by state law.” (See Transporting Firearms in General Aviation Aircraft)
For Missouri Law, see John Doe v. St. Louis County Police Department, 505 S.W.3d 450 (Mo. App. E.D. 2016). Writing for the Eastern District Court of Appeals, Judge Dolan wrote: “Section 571.107.2 [of Missouri statutes] specifically states the [c]arrying of a concealed firearm in a location specified in subdivisions (1) to (17) of subsection 1 of this section by any individual who holds a concealed carry permit issued pursuant to sections 571.101 to 571.121...shall not be a criminal act[.]... There is no room for statutory construction when the words are unambiguous.” (Emphasis added.)
YES. But there are important restrictions. Interstate Transportation of Firearms, 18 U.S. Code § 926A, was authorized by the Federal Safe Passage Act (sometimes referred to as the ‘Peaceable Journey Exception’). This allows anyone, not otherwise prohibited, to transport firearms from any place where they may lawfully possess such firearms to any other place where they may lawfully possess such firearms.
PLEASE NOTE: The firearm(s) must be unloaded, in a locked container, and not readily accessible (in the trunk if you have one). Some states might allow exceptions to these restrictions.
The Missouri Connection: This provision was enacted as a part of the Firearms Owners' Protection Act, also known as the “McClure-Volkmer Act.” Congressman Harold Volkmer represented the 9th Congressional District of Missouri. The first firearms law seminar I attended was organized and moderated by Congressman Volkmer, a Democrat and a staunch supporter of the Second Amendment.
Practicing Missouri attorney, legal educator, and firearms law specialist*.
Attorney at Law · Missouri Bar
Teaching Firearms Law for 20+ Years
Dale H. Roberts is an experienced attorney dedicated to educating citizens, firearms instructors, and legal practitioners on Missouri and Federal Second Amendment law.
With two decades of classroom instruction, radio broadcasting, and legal analysis, Dale provides clear, objective legal education on self-defense, justification, constitutional carry, and rights restoration.
I grew up in Mid-Missouri. After high school, I "joined the Air Force to see the world" and was stationed at Offutt AFB near Omaha. I trained as a Medic, and after four years, received an Honorable Discharge with the Meritorious Service Medal. I then enlisted in the Navy Reserves as a Corpsman, serving throughout my undergraduate and law school years.
I attended Creighton University for my undergraduate studies in Classical Civilization, majoring in Latin and Classical Greek, and graduated with a Classical Bachelor of Arts. I returned home to attend the University of Missouri School of Law, where I served on the Board of Advocates and as Vice President of the Student Chapter of the Association of Trial Lawyers of America.
I practiced law as a partner at Crepeau & Roberts, P.C., primarily handling family and criminal law cases. I also served the State of Missouri in several capacities: Assistant Chief Counsel of Special Investigations for the Department of Insurance, Chief Administrative Law Judge of the Public Service Commission, and was appointed by Governor Matt Blunt to serve as the State Supervisor of Missouri Division of Alcohol and Tobacco Control.
Throughout these years, I was an Adjunct Assistant Professor at the University of Missouri, where I taught employment and constitutional law for 24 years. Additionally, I am certified by the Missouri Department of Public Safety as a Peace Officer Standards and Training (POST) "Specialist" for Constitutional Law, Criminal Law, and Firearms Skills and Law, among other disciplines.
In 2005, I began organizing Firearms Law seminars for The Missouri Bar to ensure my fellow lawyers and judges were well acquainted with the nuances of Missouri and Federal Second Amendment jurisprudence. These sessions featured guest speakers such as representatives from NICS and the ATF, a Judge for the US 8th Circuit Court of Appeals, and my good friend, Alan Gura .
In 2012, I was invited to teach a Concealed Carry Class for the Missouri Legislature and have offered that class each session since then, along with my fellow instructor, Todd Burke.
For the past 10 years, I have also appeared as a guest commentator on firearms law for the Gary On Guns Show, hosted by Gary Nolan on 93.9 FM The Eagle in Columbia, Missouri.
For speaking engagements, course inquiries, radio show suggestions, or formal legal consult requests.
* Disclosure: The Missouri Department of Public Safety has certified me as a Specialist in 8 different disciplines, including Firearms law and skills. However, neither the Supreme Court of Missouri nor the Missouri Bar reviews or approves certifying organizations or specialist designations for attorneys.
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