Judges: JEREMIAH W. (JAY) NIXON, Attorney General
Filed Date: 4/9/1996
Status: Precedential
Modified Date: 7/5/2016
The Honorable Bill Kenney State Senator, District 8 State Capitol Building Jefferson City, Missouri 65101
Dear Senator Kenney:
This opinion is in response to your question asking:
Do Supreme Court Rule 54.13 (a) and Section
506.145 , RSMo, taken in conjunction permit a person over the age of 18 years to carry a concealed firearm?
Section
506.145 . Process server authorized to carry concealed firearm. — Any person authorized to issue or serve process is authorized to carry a concealed firearm, the provisions of any other law to the contrary notwithstanding.
Missouri Supreme Court Rule 54.13 (a), to which you also refer in your question, provides:
RULE 54.13 PERSONAL SERVICE WITHIN THE STATE
(a) By Whom Made. Service of process within the state, except as otherwise provided by law, shall be made by the sheriff or a person over the age of 18 years who is not a party to the action.
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Section
Section
506.140 . Who shall serve process — fees paid to special process server may be taxed as costs in a claim. — 1. Service of process, except as otherwise provided, shall be made by a sheriff, or his deputy, or in case the sheriff in any cause is for any reason disqualified, then process may be issued to and served by the coroner of the county in which such process is to be served; or some person, other than a sheriff or coroner, may be specially appointed by the court or the circuit clerk following procedures established by local court rules for service of process in any cause, but such appointment shall be valid for service of the process only for which such person was specially appointed.2. A party may file an application to the court requesting that any fees paid to a special process server be taxed as costs in the action. The court may order a reasonable amount of such fees as costs.
Section
Furthermore, Section
Section
571.030 . Unlawful use of weapons — exceptions — penalties. — 1. A person commits the crime of unlawful use of weapons if he knowingly:(1) Carries concealed upon or about his person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use; or
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2. Subdivisions (1), . . . of subsection 1 of this section shall not apply to or affect any of the following:
(1) All state, county and municipal law enforcement officers possessing the duty and power of arrest for violation of the general criminal laws of the state or for violation of ordinances of counties or municipalities of the state, or any person summoned by such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer;
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(5) Any person whose bona fide duty is to execute process, civil or criminal;
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Section
"[U]ndefined words are given their plain and ordinary meaning as found in the dictionary in order to ascertain the intent of lawmakers." Asbury v. Lombardi,
BLACK'S LAW DICTIONARY 177, 505 (6th ed. 1990), provides the following definitions:
Bona fide. . . . Truly; actually; without simulation or pretense. . . . Real, actual, genuine, and not feigned.
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Duty. . . . Obligatory conduct or service. Mandatory obligation to perform. . . .Those obligations of performance, care, or observance which rest upon a person in an official or fiduciary capacity; . . . .
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Section
CONCLUSION
It is the opinion of this office that Section
Very truly yours,
JEREMIAH W. (JAY) NIXON Attorney General
Asbury v. Lombardi , 846 S.W.2d 196 ( 1993 )
Weber v. Missouri State Highway Commission , 639 S.W.2d 825 ( 1982 )
City of Willow Springs v. Missouri State Librarian , 596 S.W.2d 441 ( 1980 )
State Ex Rel. Lebeau v. Kelly , 697 S.W.2d 312 ( 1985 )
Angoff v. M & M MANAGEMENT CORP. , 897 S.W.2d 649 ( 1995 )