HB 349 -- Concealed Firearms

Co-Sponsors:  Crawford, Sander, Jetton, Barnitz, Crowell,
Townley, Dethrow, Munzlinger, Miller, Hobbs, Quinn, Pearce,
Dougherty, Myers, Roark, Wright, Self, Baker, Smith (118), Black,
Emery, Rector, May, Rupp, Richard, Goodman, Jackson, Wilson
(119), Cunningham (145), Mayer, Kingery, Behnen, Cooper (155),
Wood, Viebrock, Stevenson, Wallace, Schlottach, Guest, Taylor,
Dusenberg, Angst, Morris, Lembke (85), Lipke (157), Luetkemeyer,
King, Bearden, Moore, Merideth, Bruns, Kelly (144), Deeken,
Parker, Bean, Dempsey, Avery, Wilson (130), Nieves, Shoemaker
(8), Wasson, Threlkeld, Ruestman, Dixon, Sager, Kelly (36),
Whorton, Kuessner, Ward, Ransdall, Selby, Hampton, Henke, Davis
(122), Seigfreid, Salva, McKenna, Green, Harris (110), Shoemyer
(9), Bringer, Wagner

This bill authorizes county sheriffs to issue permits to
individuals to carry concealed firearms and creates the county
sheriff's revolving fund, in which the fees for these permits
will be deposited.  Any money in a county sheriff's revolving
fund may be expended at the direction of the sheriff without
prior approval of the governing board of the county.

The bill also amends the crime of unlawful use of a weapon.

The bill sets forth the qualifications necessary to acquire a
permit and a procedure by which the permits must be granted by
county sheriffs to anyone meeting the qualifications.  Permits
will be valid for three years.

QUALIFICATIONS FOR OBTAINING A CONCEALED CARRY PERMIT

To qualify for a concealed carry permit, individuals must:

(1)  Be at least 21 years of age;

(2)  Be a citizen of the United States;

(3)  Have resided in Missouri for at least six months;

(4)  Not have been found guilty of a felony;

(5)  Not have been found guilty, in the five years preceding the
application, of a misdemeanor involving a crime of violence, or
two misdemeanors involving either alcohol-related driving
offenses or possession of a controlled substance;

(6)  Not be a fugitive from justice;

(7)  Not be currently charged with a felony;

(8)  Not be dishonorably discharged from the armed forces;

(9)  Not be known to be habitually in an intoxicated or drugged
condition;

(10)  Not have been adjudged mentally incompetent or released
from a mental health facility for five years prior to the
application;

(11)  Not be the respondent in an order of protection currently
in effect;

(12)  Be fingerprinted;

(13)  Clear a criminal background check by the state and the
Federal Bureau of Investigation; and

(14)  Comply with training requirements set forth in the bill.

TRAINING REQUIREMENTS

Applicants for a concealed carry endorsement must complete a
firearms safety course provided by an instructor certified by a
state or federal law enforcement agency or the National Rifle
Association.  The bill specifies the required curriculum which
includes classroom work and live firing exercises.  The bill sets
forth the training required for the certification of a firearms
safety instructor.  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

Sheriffs in first classification counties may authorize police
chiefs in the municipalities in the county to process
applications for concealed firearms permits.  Sheriffs must
reimburse the municipalities for the reasonable expenses incurred
as a result.

Sheriffs must request the criminal background check within three
working days of the submission of the completed application and
must issue a certificate of qualification to the applicant within
three days of the receipt of the completed background check.
Sheriffs may issue a certificate without a federal criminal
background check if the background check has not been received
within 45 days.  Sheriffs may deny an application if there is
reason to believe an applicant lied on the application.  Denials
must be communicated in writing, state the grounds for denial,
and inform the applicant of the right to appeal for a 30-day
period.  The bill sets forth an appeal form and a process by
which appeals may be made through the small claims court.
Sheriffs must keep records of all applications and report the
issuance of all permits to the Missouri Uniform Law Enforcement
System (MULES).  Application fees may not exceed $100, and
renewal fees may not exceed $50.  The Department of Revenue will
issue the concealed weapon permit by issuing a new driver's or
nondriver's license containing the permit designation to the
applicant.  The department will charge a duplicate license fee.

The application must contain a conspicuous warning that false
statements will constitute perjury, a class D felony.  Any person
attempting to transfer, alter, or use the permit of another
person or otherwise obtain a permit through false representation
is guilty of a class A misdemeanor.  Permits issued to anyone who
later fails to meet any of the requirements for a permit will be
suspended or revoked.  A permit holder must notify the department
within 30 days of changing his or her name or address, or the
permit becomes invalid.  Permit holders who have their permit
revoked may petition the small claims court for reinstatement.
Any person aggrieved by a final decision in small claims court
may petition the associate circuit court for a trial de novo.
The court, upon a finding that a plaintiff brought an action
against a permit holder without a reasonable basis and with an
intent to harass the permit holder, may assess all costs and fees
to the plaintiff, including attorney fees, which are presumed to
be $150 per hour.

LIMITATIONS ON WHERE CONCEALED FIREARMS MAY BE CARRIED

Permits to carry a concealed weapon are not valid in many places,
including:  police stations; polling places on election day;
correctional facilities; courthouses; airports; bars; schools;
child care facilities; hospitals; stadiums; amusement parks;
gambling facilities; churches; any place where the carrying of a
firearm is prohibited by federal law; the meeting place of any
elected officials (except for the elected officials themselves
who have permits); or any privately owned property where the
owner has posted that the premises is off-limits to concealed
firearms.  The bill also allows governmental units to limit
concealed firearms in their public buildings.  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 permit suspensions.

The bill also changes the crime of unlawful use of a weapon by:

(1)  Removing the prohibition on the carrying of a firearm into
any public gathering;

(2)  Allowing a person who lawfully possesses a concealable
firearm to transport the firearm in the passenger compartment of
a motor vehicle; and

(3)  Increases the penalty for possessing a firearm while
intoxicated.  Under current law, it is class B misdemeanor.  The
bill makes it a class A misdemeanor if the gun is not loaded and
a class D felony when it is loaded.

Missouri House of Representatives
Last Updated July 25, 2003 at 10:11 am