State v. Mason

I respectfully dissent.

A statute making it an offense to carry concealed weapons in public assemblages was adopted in 1874. Laws 1874, p. 43. At that time there was no exception for travelers.

In 1879 the legislature enacted § 1275, RSMo 1879, which created such an exception. It followed § 1274, the section which prohibited the carrying of concealed weapons, and stated:

“The next preceding section shall not apply to persons moving or traveling peaceably through this state..."

As noted in the principal opinion, this exemption was interpreted and applied in State v. Miles, 124 Mo.App. 283, 101…