HCS HB 1729, 1589 & 1435 -- CONCEALABLE WEAPONS

SPONSOR:  Barnitz

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 certificates of
qualification for permits to allow individuals to carry concealed
weapons on their person or in vehicles.  A certificate of
qualification will allow the applicant to obtain a driver's or
nondriver's license with a concealed carry permit on the license.
Permits are valid throughout the state for three years.

QUALIFICATIONS FOR OBTAINING A PERMIT

To qualify for a permit, individuals must be at least 21 years of
age, not have pled to 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 at the time
of application or for five years prior to application, not have
been released or discharged from a mental health facility less
than five years prior to application, and comply 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; bars; 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 which includes classroom work and live firing
exercises.  Certification and training required for qualified
firearms safety instructors are also specified.  Instructors must
keep their course records available for at least four 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 fingerprint applicants and
forward the fingerprints to the FBI for a national criminal
history record check if no disqualifying record is found at the
state level.  The sheriff must also request a criminal background
check on the applicant within three days of receipt of the
completed application.  The substitute requires sheriffs to
approve or deny an application within three days of receipt of
the completed background check.  The certificate of qualification
must be issued within 45 days after submission of the completed
application.

Sheriffs are required to keep records of permit applications and
report all certificate of qualification issued to the Missouri
Uniform Law Enforcement System.  Permit application fees may not
exceed $100; renewal fees may not exceed $50.  Fees are deposited
in the county sheriff's revolving fund.

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 contains an appeals process for aggrieved applicants
and allows any person to file for revocation against permit
holders if they have knowledge that the permittee is ineligible.

The substitute also removes several provisions from the unlawful
use of a weapon statute.

FISCAL NOTE:  Estimated Net Cost to General Revenue Fund of
$80,885 in FY 2003, $107,916 in FY 2004, and $110,841 in FY 2005.
Estimated Net Cost to Highway Funds of $94,968 in FY 2003,
$46,597 in FY 2004, and $47,765 in FY 2005.  Estimated Net Income
to Criminal Records System Fund of $381,700 in FY 2003, $484,714
in FY 2004, and $479,308 in FY 2005.

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.  Criminals might move to other states
that do not have concealed carry.  Law enforcement agencies can
not patrol rural areas very well, so individuals need to have
concealed weapons to protect themselves.  The responsibility for
crime prevention rests with individuals, not law enforcement
agencies.

Testifying for the bill were Representatives Barnitz, Crawford,
Crump, Jetton, and Gratz; Missourians for Personal Safety; Second
Missouri Militia; SACMO; Missouri Family Network; Ted Nugent,
United Sportsmen of America; Arthur Lindberg; Paul Richard; Ricky
Salyer; Richard Breitenbach; Marcus Bayliss; Marc Anderson;
Lawrence Deptula; Fred Heberer; John Woodman; Sharon Williams;
Christopher Meissen; Brenda Potterfield; Greg Jeffery; Charles
Nitsch; Stephen Smith; and Earl Rice.

OPPONENTS:  Those who oppose the bill say that concealed weapons
do not deter crime but create an atmosphere of distrust.
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.
Opponents also say that the Legislature should accept the will of
the people expressed by the vote on Proposition B and focus on
more pressing issues.

Testifying against the bill were Missouri IMPACT; Missouri State
Council of Million Mom March/Brady Campaign Against Gun Violence;
Missouri Women's Network; and Christie Skoor.

Dana Estes, Legislative Analyst

Missouri House of Representatives
Last Updated October 11, 2002 at 9:02 am