HCS HB 853 & 258 -- CONCEALABLE WEAPONS

SPONSOR:  Crump

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Sportsmanship, Safety and Firearms by a vote of 9 to 1.

This substitute allows county sheriffs to issue permits to
individuals to carry concealed weapons.  Permits are valid
throughout the state for 3 years.

QUALIFICATIONS FOR OBTAINING A PERMIT

To qualify for a permit, individuals must be at least 21 years
of age, not have pled or been found guilty of a crime that is
punishable by a prison sentence of more than one year, not be a
fugitive, not have been adjudged mentally incompetent, and
demonstrate need and compliance with training requirements.  The
permit application must include affirmations of the requirements
for obtaining a permit, a warning that individuals who make
false statements will be prosecuted for perjury, and a statement
of compliance with training requirements.

LIMITATIONS ON WHERE CONCEALED WEAPONS MAY BE CARRIED

The substitute allows governmental units, businesses, and other
organizations to limit the ability to carry concealed weapons
into areas of public buildings that they lease, own, or control,
including courthouses; meeting places of governing bodies or the
General Assembly; polling places on election day; adult or
juvenile detention facilities and other correctional
institutions; airports; schools; hospitals; stadiums; amusement
parks; gambling facilities; and churches.  Judges or officers of
the court who have permits may carry concealed weapons into
courthouses, and members of governing bodies who have permits
may carry concealed weapons into meetings of the governing
body.  Violating prohibitions on carrying concealed weapons in
certain locations is grounds for being denied access to or being
removed from the premises.  Frequent violators are subject to
monetary penalties and permit suspensions.

TRAINING REQUIREMENTS

Applicants for a permit must complete a firearms safety course
provided by law enforcement agencies, qualified firearms safety
instructors, or the military.  The substitute specifies the
required curriculum, including classroom work, live firing
exercises, and examinations.  Certification and training
required for qualified firearms safety instructors are also
specified.  Instructors must keep their course records available
for at least 4 years.  Instructors who provide false information
about the performance of an applicant in the training program
are guilty of a class C misdemeanor.

ADMINISTRATIVE PROVISIONS

The substitute requires sheriffs to approve or deny a permit
application within 30 days of receipt.  The permit must be
issued within 7 days after approval.  Sheriffs are required to
keep records of permit applications and report all permits
issued to the Missouri Uniform Law Enforcement System.  Permit
application fees may not exceed $50, and renewal fees may not
exceed $10.  Fees are deposited in the county sheriff's
revolving fund.

Alteration or transfer of a permit is a class A misdemeanor.
Permits of persons who have had orders of protection issued
against them will be suspended.  Permit holders are required to
notify the sheriff within specified time limits of changes in
permanent residence or if a permit is lost or destroyed.

The substitute also contains an appeals process for aggrieved
applicants and allows public officials to file for revocation
against permit holders if they have knowledge that the permittee
is ineligible.

FISCAL NOTE:  Estimated Net Cost to General Revenue Fund of
$80,660 in FY 2002, $85,649 in FY 2003, and $87,050 in FY 2004.

PROPONENTS:  Supporters say that the ability to carry firearms
is a fundamental right that should be available to qualified
citizens.  There have been few problems in states that allow
concealed weapons.  Concealed weapons are a good deterrent of
crimes against persons.

Testifying for the bill were Representatives Crump and Hampton;
Missourians for Personal Safety; Western Missouri Shooting
Alliance; 2nd Amendment Coalition; National Rifle Association;
Missouri Eagle Forum; Concerned Women of Missouri; Chris
Meissen; and Missouri Family Network.

OPPONENTS:  Those who oppose the bill say that concealed weapons
do not deter crime.  Criminals will commit crimes against
persons whether they have a gun or not.  The bill will also make
guns more accessible to children, and because they are more
accessible, guns will be more likely to be considered as an
option in settling problems.  The bill should also require more
firearms training.

Testifying against the bill were Nicholas Wertsch; Alvin Brooks;
Steve Stoval; the Million Mom March; and Dr. Howard Jardis.

Bob Dominique, Legislative Analyst

Missouri House of Representatives
Last Updated November 26, 2001 at 11:46 am