Mo. Rev. Stat. » Chapter 252
Missouri Revised Statutes

Mo. Rev. Stat. § 252.040 (2026)

Taking of wildlife

✓ current as of May 2026
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  252.040.  Taking of wildlife — violations, misdemeanor — fur dealers and buyers violating record keeping rules, fine. — No wildlife shall be pursued, taken, killed, possessed or disposed of except in the manner, to the extent and at the time or times permitted by such rules and regulations; and any pursuit, taking, killing, possession or disposition thereof, except as permitted by such rules and regulations, are hereby prohibited.  Any person violating this section shall be guilty of a misdemeanor except that any person violating any of the rules and regulations pertaining to record-keeping requirements imposed on licensed fur buyers and fur dealers shall be guilty of an infraction and shall be fined not less than ten dollars nor more than one hundred dollars.

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(L. 1945 p. 664 § 26, A.L. 1989 H.B. 293)

CROSS REFERENCE:

Hunting or trapping on land without consent of owner, penalty, 569.140, 569.150

(1953) Shooting of dummy deer made of stuffed deer hide and placed in a field by conservation commission agents at time in which deer hunting was not permitted held not crime under this section.  State v. Guffey (A.), 262 S.W.2d 152.

(1954) Person holding fishing license had right to float, wade and fish in public waters of river which was non-navigable stream without being trespasser on lands of owner of the bed of the stream.  Elder v. Delcour, 364 Mo. 835, 269 S.W.2d 17.

(2001) Municipal ordinance requiring hunters and trappers to obtain permission from government owners of land and rights-of-way was not prohibited by section; Conservation Commission does not have exclusive authority to regulate location of allowable hunting, fishing, and trapping.  Miller v. City of Town & Country, 62 S.W.3d 431 (Mo.App.E.D.).

Notes of Decisions
Cited in 28 cases, 1953–2020 · leading case: Turner v. Missouri Dep't of Conservation, 349 S.W.3d 434 (Mo. Ct. App. 2011).
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Turner v. Missouri Dep't of Conservation, 349 S.W.3d 434 (Mo. Ct. App. 2011). · cites it 8× “Section 252.040 limits wildlife hunting to the extent permitted by “rules and regulations.”
State v. Stone, 926 S.W.2d 895 (Mo. Ct. App. 1996). · cites it 13× “Brenda Stone was convicted by a jury of illegal possession of wildlife, § 252.040, RSMo 1994, after she failed to construct a pen of sufficient strength to prevent the escape of her three mountain lions.”
State v. Hall, 751 S.W.2d 403 (Mo. Ct. App. 1988). · cites it 12× “The information charges defendants “did unlawfully commit the following offense contrary to the Statutes of the State of Missouri, Section 252.040 RSMo 1978, and/or the rules and regulations of The Missouri Conservation Commission, Rule 3 C.”
State v. Guffey, 262 S.W.2d 152 (Mo. Ct. App. 1953). · cites it 4× “Appellants were convicted of violating Section 252.040, V.A.M.S. and regulations of the Missouri Conservation Commission and have appealed.”
Hill v. Mo. Dep't of Conservation, 550 S.W.3d 463 (Mo. 2018). · cites it 2× “See § 252.040, RSMo 2000; 3 CSR §§ 10-9.350, 10-9.”
Miller v. City of Town & Country, 62 S.W.3d 431 (Mo. Ct. App. 2001). · cites it 7× “Section 252.040, which enables the Department of Conservation to regulate hunting, trapping and fishing, reads: No wildlife shall be pursued, taken, killed, possessed or disposed of except in the manner, to the extent and at the time or times permitted by such rules and…”
State v. Pendergrass, 869 S.W.2d 816 (Mo. Ct. App. 1994). · cites it 5× “Excluding its formal portions, it alleges that Defendant, in violation of § 252.040, RSMo 1986, and two rules and regulations of the Missouri Conservation Commission, 3 CSR 10-5.”
State v. Hughes, 702 S.W.2d 864 (Mo. Ct. App. 1985). · cites it 8× “435(1)(A) and section 252.040, RSMo 1978, and sentenced to fifteen days in the county jail.”
State v. Parks, 657 S.W.2d 402 (Mo. Ct. App. 1983). · cites it 5× “§ 252.040, RSMo 1978; 3 C.S.R. 10-7.410. The parties stipulated that the charges could be tried together.”
Miller v. City of Manchester, 834 S.W.2d 904 (Mo. Ct. App. 1992). · cites it 2× “§ 252.040, RSMo.1986, states in pertinent part: No wildlife shall be pursued, taken, killed, possessed or disposed of except in the manner, to the extent and at the time or times permitted by such rules and regulations; and any pursuit, taking, killing, possession or disposition…”
State v. Wilkerson, 948 S.W.2d 440 (Mo. Ct. App. 1997). · cites it 2× “Jerry Wilkerson appeals his judge-tried convictions in the Circuit Court of Callaway County before the Honorable Patrick Horner for three counts of illegal possession of wild *442 life, § 252.040 1 . At trial, appellant appeared pro se, the public defender having been allowed to…”
State v. Douglas, 132 S.W.3d 251 (Mo. Ct. App. 2004). · cites it 2× “, (“Defendant”) was charged by amended information with *254 three misdemeanor offenses: (1) violating § 252.040 by pursuing a wild turkey from a motor vehicle; (2) violating § 252.”
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