SS HS HCS HB 349, 120, 136 & 328 -- CONCEALED FIREARMS

This bill allows individuals to carry concealed firearms.  The
bill establishes a procedure for obtaining an endorsement on a
person's driver's license that entitles the person to carry a
concealed firearm.  Sheriffs will issue certificates of
qualification to applicants who meet the requirements for
obtaining the endorsement, which include training in the use of
firearms, a background check, and the payment of a fee.  The bill
also creates the county sheriff's revolving fund, in which the
fees for these endorsements 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 sets forth the qualifications necessary to acquire a
certificate of qualification and a procedure by which the
certificate must be granted by county sheriffs to anyone meeting
the qualifications.  The Department of Revenue will issue a new
driver's or nondriver's license containing the concealed firearms
endorsement to the applicant.  Concealed carry endorsements will
be valid for three years.

QUALIFICATIONS FOR OBTAINING A CONCEALED CARRY ENDORSEMENT

To qualify for the certificate needed to acquire a concealed
carry endorsement, individuals must:

(1)  Be at least 23 years of age;

(2)  Be a citizen of the United States;

(3)  Have resided in Missouri for at least six months or be a
member of the military, or the spouse of a member, stationed in
Missouri;

(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 have engaged in a pattern of behavior, documented in
public records, that causes the sheriff to have a reasonable
belief that the applicant presents a danger to himself, herself,
or others;

(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 a valid full 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 established by 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
specifies 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 within their county to process
applications for certificates of qualification.  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 must 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 amend and resubmit the
application for a 30-day period.  The bill specifies an appeal
form and a process by which the sheriff will re-examine an
amended application and, if still not approved, the applicant may
appeal through the small claims court.  Sheriffs must keep
records of all applications and report the issuance of all
certificates of qualification to the Missouri Uniform Law
Enforcement System (MULES).  Application fees may not exceed
$100, and renewal fees may not exceed $50.

The application must contain a conspicuous warning that false
statements will constitute perjury, a class D felony.
Endorsements issued to anyone who later fails to meet any of the
requirements will be suspended or revoked.  An endorsement holder
must notify the Department of Revenue within 30 days of changing
his or her name or address.  Endorsement holders who have their
endorsement 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 an endorsement holder without a reasonable basis
and with an intent to harass the endorsement 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

Endorsements to carry a concealed firearm are not valid in many
places, including:  police stations (without the consent of the
chief law enforcement officer); polling places on election day;
correctional facilities; courthouses; airports; bars; schools
(without the consent of school officials); child care facilities
(without the consent of the facility manager); hospitals;
stadiums; amusement parks; gambling facilities (without the
consent of the manager); churches (without the consent of the
minister); 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
endorsements); or any privately owned property where the owner
has posted that the premises are 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 endorsement suspensions.

UNLAWFUL USE OF A WEAPON

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

(1)  Removes the prohibition on the carrying of a firearm or
other weapon capable of lethal use into any public gathering;

(2)  Adds coroners and medical examiners to the list of officials
who are exempt from certain parts of the crime;

(3)  Exempts persons with a valid concealed firearm permit from
Missouri or another state from certain acts that constitute the
crime;

(4)  Clarifies that peace officers are exempt from certain acts
that constitute the crime when off duty or outside of their
jurisdiction;

(5)  Allows a person who is at least 21 years of age and who
lawfully possesses a concealable firearm to transport the firearm
in the passenger compartment of a motor vehicle;

(6)  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 if it is loaded; and

(7)  Allows certain acts that would constitute the crime if those
acts are a lawful act of defense.

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