HB 853 -- Concealed Weapons

Co-Sponsors:  Crump, Kreider, Hampton, Gratz, Lograsso, Koller,
Clayton, Ransdall

This bill allows county sheriffs to issue permits to individuals
that allow them to carry concealed weapons.  The permits are
valid throughout the state for a period of 3 years.

QUALIFICATIONS FOR OBTAINING A PERMIT

To qualify for a permit to carry concealed weapons, a person
must, among other requirements, be at least 21 years of age,
have not pled or been found guilty of a crime that is punishable
by a prison sentence of more than one year, not be a fugitive,
have not been adjudged mentally incompetent, and demonstrate a
need to have a permit to carry a concealed weapon and compliance
with training requirements.  The application for a permit to
carry a concealed weapon will 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 the training requirements.

An applicant who submits an affidavit demonstrating need to
carry a concealed weapon will be accepted as having a per se
need to have a permit.  Among the circumstances that demonstrate
a need to carry a concealed weapon are having an order of
protection or restraining order against another individual;
working or residing in a high crime area; being a victim of
stalking; having responsibility for the care and safety of
others; and working as a prosecuting attorney, assistant
prosecuting attorney, or circuit attorney.

LIMITATIONS ON WHERE CONCEALED WEAPONS MAY BE CARRIED

The bill limits where an individual who has a valid permit may
carry his or her concealed weapon.  It allows governmental units
to place limits on the ability to carry concealed weapons into
areas of public buildings that are leased, owned, or controlled
by governmental units.   The limitations include courthouses;
meetings of governing bodies or the General Assembly; polling
places on election day; adult or juvenile detention facilities,
correctional institutions, or jails; airports; schools; and
churches.  Judges or officers of the court who have permits to
carry concealed weapons may carry them into courthouses, and
members of governing bodies who have permits to carry concealed
weapons may carry them into meetings of the governing body.
Violating the statutory prohibitions on carrying concealed
weapons in certain locations is grounds for being denied access
to or removed from the premises.  The bill sets forth monetary
penalties and permit suspensions for frequent violations.

TRAINING REQUIREMENTS

Applicants for a permit to carry a concealed weapon must have
completed a firearms safety course.  The bill specifies the
types of courses and training that satisfy this requirement,
including training provided by law enforcement agencies, a
qualified firearms safety instructor, and the military.  It also
describes the curriculum required for training courses,
including classroom work, live firing exercises, and  provisions
for examinations.  Certification and training required for
qualified firearms safety instructors are specified.  The bill
requires instructors to 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 bill requires the sheriff to approve or deny an application
for a permit to carry a concealed weapon within 30 days of
receiving it and requires that the permit be issued within 7
days of approval.  The sheriff is required to keep a record of
applications for permits and to report all permits issued to the
Missouri Uniform Law Enforcement System.  An application fee of
up to $100 and a renewal application fee of up to $50 may be
charged, both of which are to be deposited in the Sheriff's
Revolving Fund that is established in the bill.

Alteration or transfer of a permit is a class A misdemeanor.
The permit of any person who has an order of protection issued
against him or her will be suspended.  Permit holders are
required to notify the sheriff within specified time limits of
changes in permanent residence or when a permit is lost or
destroyed.

The bill removes certain provisions from unlawful use of a
weapon statute.

Missouri House of Representatives
Last Updated September 13, 2001 at 2:04 pm