HS HCS HB 1729, 1589 & 1435 -- CONCEALED FIREARMS (Barnitz)

This substitute allows county sheriffs to issue certificates of
qualification for a concealed carry endorsement to allow
individuals to carry concealed firearms 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 endorsement on the license.  A concealed carry
endorsement is valid throughout the state for three years.

QUALIFICATIONS FOR OBTAINING A CONCEALED CARRY ENDORSEMENT

To qualify for a concealed carry endorsement, 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 application must include
affirmations of the requirements for obtaining a certificate of
qualification for a concealed carry endorsement, 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 FIREARMS MAY BE CARRIED

The substitute allows governmental units, businesses, and other
organizations to limit the ability to carry concealed firearms
into areas of public buildings that they lease, own, or control,
including courthouses; meeting places of governing bodies or the
General Assembly; within 25 feet of 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 endorsements may carry
concealed firearms into courthouses, and members of governing
bodies who have endorsements may carry concealed firearms into
meetings of the governing body.  Violating prohibitions on
carrying concealed firearms in certain locations is grounds for
being denied access to or being removed from the premises.
Frequent violators are subject to monetary penalties and
endorsement suspensions.

TRAINING REQUIREMENTS

Applicants for a concealed carry endorsement 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.  If the criminal background check
has not been received within 45 days, the sheriff may
provisionally approve the application.  The provisional approval
must be withdrawn upon the receipt of a background check that
results in a disqualifying record.

Sheriffs are required to keep records of applications and report
all certificates of qualification issued to the Missouri Uniform
Law Enforcement System.  Application fees may not exceed $100;
renewal fees may not exceed $50.  Fees are deposited in the
county sheriff's revolving fund.  If moneys collected and
deposited into the fund are not totally expended annually, the
balance will be used to produce and distribute public service
announcements promoting the safe storage of firearms in the
presence of children.

Concealed carry endorsements of persons who have had orders of
protection issued against them will be suspended or revoked.
Endorsement holders are required to notify the sheriff within
specified time limits of changes in permanent residence or if a
driver's licenses or nondriver's license with a concealed carry
endorsement is lost or destroyed.  The substitute contains an
appeals process for aggrieved applicants and allows persons to
file for revocation against endorsement holders if they have
knowledge that the endorsement holder 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.

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