Judges: JEREMIAH W. (JAY) NIXON, Attorney General
Filed Date: 8/28/1997
Status: Precedential
Modified Date: 7/5/2016
The Honorable W. Craig Hosmer State Representative, District 138 State Capitol Building Jefferson City, Missouri 65101
Dear Representative Hosmer:
This opinion is in response to your question asking:
Does a certified, commissioned law enforcement or peace officer's privilege of carrying a concealed weapon extend to a statewide privilege as a result of the passage of HB 69 et al?
The Missouri General Assembly amended Section
6. In addition to the powers prescribed in subsections 1 and 5 of this section, section
544.216 , RSMo, and any other arrest powers, a law enforcement officer or federal law enforcement officer as defined in subsection 8 of this section, may arrest on view, and without a warrant, at any place within this state, any person the officer sees asserting physical force or using forcible compulsion for the purpose of causing or creating a substantial risk of death or serious physical injury to any person or any person the officer sees committing a dangerous felony as defined in section556.061 , RSMo. Any such action shall be deemed to be within the scope of the officer's employment. [Emphasis added.]
Pursuant to this newly-added subsection, law enforcement officers, under certain circumstances, have arrest powers at any place within the state.
Section
(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;
In Opinion No. 89-96, issued February 5, 1996, this office addressed a question concerning police officers carrying concealed weapons outside of their jurisdiction. This office concluded that such officers did not violate Section
Opinion No. 89-96 was based on the statutes in effect at the time of the opinion and relevant court cases including State v.Owen,
When within the territorial limits of his own county, the sheriff or his commissioned deputy may be called upon at any time to perform duties which may require the use or display of the weapons listed by this statute. But when such a deputy sheriff commissioned as above is on business of his own and in another county hundreds of miles from the county wherein he has deputy sheriff authority, and where he could not be called upon under any circumstances to conserve the peace or execute process or make arrests or use deadly weapons there is no logical reason whatever for the application of the exception. [Emphasis added.]
Id. at 665. Because of the statutory amendment to Section
As a result of the addition of subsection 6 to Section
Very truly yours,
JEREMIAH W. (JAY) NIXON Attorney General