I received an alert sent out by Missouri First, regarding Missouri Senate Bill 727.

Probably unintentionally, the Senate perfected version of SB727 appears to technically make it illegal to possess a firearm in a home school under some circumstances.

In SB 727 the definition of “home school as a school was moved and applied to ALL the statutes, not just sections 167.031 to 167.071 as it does currently.

That makes the dwelling in which a home school is conducted a “school” or “school building” and Chapter 571.030.1(10) makes it a felony to possess a loaded firearm in “any school.”

I’ll grant that 571.030(10) does state:

(10) Carries a firearm, whether loaded or unloaded, or any other weapon readily capable of lethal use into any school...

But is that definitive? Does “any school” really mean home schools?

571.030(1) is both a little more general and specific.

(1) Carries concealed upon or about his or her person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use into any area where firearms are restricted under section 571.107;

That forbids carry in specified locations in 571.107. And what does that say?

10) Any higher education institution or elementary or secondary school facility…

So it looks like “any school” is a higher education institution (college/university), and elementary and secondary schools (high school). Home schools aren’t specifically called out, but maybe those are elementary schools. How are elementary and secondary schools defined?

In 160.011, elementary and high schools are very specifically defined as public schools only. This restrictive definition is maintained in SB 727 section 160.011, where we see that elementary and high schools (secondary) are defined as public schools, not the separately defined home schools.

That change in language, from statute-specific to all statutes is disturbing. But since firearm-specific laws still reference public schools only, I think a decent lawyer could successfully argue which carries precedence should someone make an issue of armed homeschoolers. In which case, 571.107(15), regarding any private property applies.

(15) Any private property whose owner has posted the premises as being off-limits to concealed firearms by means of one or more signs displayed in a conspicuous place of a minimum size of eleven inches by fourteen inches with the writing thereon in letters of not less than one inch.

But I find it unlikely that a 2A-respecting homeschooler is going to post his own property as gun-free.

Hat tip to Wisco Dave.