Missouri 2025 Regular Session

Missouri Senate Bill SB147 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3	3	and is intended to be omitted in the law.
4	4	FIRST REGULAR SESSION
5	5	SENATE BILL NO. 147
6	6	103RD GENERAL ASSEMBLY
7	7	INTRODUCED BY SENATOR COLEMAN.
8	8	0090S.01I KRISTINA MARTIN, Secretary
9	9	AN ACT
10	10	To repeal sections 563.016, 563.031, 571.010, 571.020, 571.030, 571.101, 571.104, 571.107,
11	11	571.205, 571.210, 571.215, 577.703, and 577.712, RSMo, and to enact in lieu thereof
12	12	seventeen new sections relating to public safety, with penalty provisions.
13	13
14	14	Be it enacted by the General Assembly of the State of Missouri, as follows:
15	15	Section A. Sections 563.016, 563.031, 5 71.010, 571.020, 1
16	16	571.030, 571.101, 571.104, 571.107, 571.205, 571.210, 571.215, 2
17	17	577.703, and 577.712, RSMo, are repealed and seventeen new 3
18	18	sections enacted in lieu thereof, to be known as sections 4
19	19	290.148, 563.031, 563.085, 571.010, 571.020, 571.030, 571.0 69, 5
20	20	571.101, 571.104, 571.107, 571.108, 571.109, 571.205, 571.210, 6
21	21	571.215, 577.703, and 577.712, to read as follows:7
22	22	290.148. Notwithstanding any provision of law to the 1
23	23	contrary, no employer in this state shall discharge or 2
24	24	otherwise terminate t he employment of any employee on the 3
25	25	basis of such employee having a firearm in the employee's 4
26	26	vehicle on the employer's property when the employee is 5
27	27	arriving to or leaving from the employer's property for 6
28	28	employment purposes or when the employee is c onducting 7
29	29	activities within the course and scope of his or her 8
30	30	employment, provided that the employee's vehicle is locked, 9
31	31	the firearm is not visible, and the employee is not 10
32	32	prohibited from possessing a firearm by law. An employer 11
33	33	shall not be civilly liable for any injuries or damages 12 SB 147 2
34	34	resulting from the use of firearms that are stored in 13
35	35	compliance with this section. 14
36	36	563.031. 1. A person may, subject to the provisions 1
37	37	of subsection 2 of this section, use physical force upon 2
38	38	another person when and to the extent he or she reasonably 3
39	39	believes such force to be necessary to defend himself or 4
40	40	herself or a third person from what he or she reasonably 5
41	41	believes to be the use or imminent use of unlawful force by 6
42	42	such other person, unless: 7
43	43	(1) The actor was the initial aggressor; except that 8
44	44	in such case his or her use of force is nevertheless 9
45	45	justifiable provided: 10
46	46	(a) He or she has withdrawn from the encounter and 11
47	47	effectively communicated such withdrawal to such other 12
48	48	person but the latter persists in continuing the incident by 13
49	49	the use or threatened use of unlawful force; or 14
50	50	(b) He or she is a law enforcement officer and as such 15
51	51	is an aggressor pursuant to section 563.046; or 16
52	52	(c) The aggressor is justifi ed under some other 17
53	53	provision of this chapter or other provision of law; 18
54	54	(2) Under the circumstances as the actor reasonably 19
55	55	believes them to be, the person whom he or she seeks to 20
56	56	protect would not be justified in using such protective 21
57	57	force; 22
58	58	(3) The actor was attempting to commit, committing, or 23
59	59	escaping after the commission of a forcible felony. 24
60	60	2. A person shall not use deadly force upon another 25
61	61	person under the circumstances specified in subsection 1 of 26
62	62	this section unless: 27
63	63	(1) He or she reasonably believes that such deadly 28
64	64	force is necessary to protect himself, or herself or her 29 SB 147 3
65	65	unborn child, or another against death, serious physical 30
66	66	injury, or any forcible felony; 31
67	67	(2) Such force is used against a person who unl awfully 32
68	68	enters, remains after unlawfully entering, or attempts to 33
69	69	unlawfully enter a dwelling, residence, place of employment, 34
70	70	or vehicle lawfully occupied by such person; or 35
71	71	(3) Such force is used against a person who unlawfully 36
72	72	enters, remains after unlawfully entering, or attempts to 37
73	73	unlawfully enter private property that is owned or leased by 38
74	74	an individual, or is occupied by an individual who has been 39
75	75	given specific authority by the property owner to occupy the 40
76	76	property, or is a retail establishment or other place of 41
77	77	business wherein an individual using such force has a right 42
78	78	to be, claiming a justification of using protective force 43
79	79	under this section. 44
80	80	3. A person does not have a duty to retreat: 45
81	81	(1) From a dwelling, residenc e, place of employment, 46
82	82	or vehicle where the person is not unlawfully entering or 47
83	83	unlawfully remaining; 48
84	84	(2) From private property that is owned or leased by 49
85	85	such individual; or 50
86	86	(3) If the person is in any other location such person 51
87	87	has the right to be. 52
88	88	4. The justification afforded by this section extends 53
89	89	to the use of physical restraint as protective force 54
90	90	provided that the actor takes all reasonable measures to 55
91	91	terminate the restraint as soon as it is reasonable to do so. 56
92	92	5. [The defendant shall have the burden of injecting 57
93	93	the issue of justification under this section. If a 58
94	94	defendant asserts that his or her use of force is described 59
95	95	under subdivision (2) of subsection 2 of this section, the 60
96	96	burden shall then be on the s tate to prove beyond a 61 SB 147 4
97	97	reasonable doubt that the defendant did not reasonably 62
98	98	believe that the use of such force was necessary to defend 63
99	99	against what he or she reasonably believed was the use or 64
100	100	imminent use of unlawful force ] There shall be a presumpt ion 65
101	101	of reasonableness under this section that the defendant 66
102	102	believed such force was necessary to defend himself or 67
103	103	herself or a third person from what he or she believed to be 68
104	104	the use or imminent use of unlawful force by another person . 69
105	105	563.085. 1. A person who uses or threatens to use 1
106	106	force pursuant to section 563.031 is justified in such 2
107	107	conduct and is immune from criminal prosecution and civil 3
108	108	action for the use or threatened use of such force by the 4
109	109	person, personal represen tative, or heirs of the person 5
110	110	against whom the force was used or threatened, unless the 6
111	111	person against whom force was used or threatened is a law 7
112	112	enforcement officer who was acting in the performance of his 8
113	113	or her official duties and the officer ident ified himself or 9
114	114	herself in accordance with any applicable law or the person 10
115	115	using or threatening to use force knew or reasonably should 11
116	116	have known that the person was a law enforcement officer. 12
117	117	As used in this subsection, the term "criminal prosecuti on" 13
118	118	includes arresting, detaining in custody, and charging or 14
119	119	prosecuting the defendant. 15
120	120	2. A law enforcement agency may use standard 16
121	121	procedures for investigating the use or threatened use of 17
122	122	force as described in subsection 1 of this section, bu t the 18
123	123	agency may not arrest the person for using or threatening to 19
124	124	use force unless the agency determines that there is 20
125	125	probable cause that the force that was used or threatened 21
126	126	was unlawful. 22
127	127	3. In a criminal prosecution or civil action, once a 23
128	128	prima facie claim of self -defense immunity has been raised 24 SB 147 5
129	129	by the defendant at a pretrial immunity hearing, the burden 25
130	130	of proof by clear and convincing evidence is on the party 26
131	131	seeking to overcome the immunity provided in subsection 1 of 27
132	132	this section. 28
133	133	571.010. As used in this chapter, the following terms 1
134	134	shall mean: 2
135	135	(1) "Antique, curio or relic firearm", any firearm so 3
136	136	defined by the National Gun Control Act, 18 U.S.C. Title 26, 4
137	137	Section 5845, and the United States Treasury/ Bureau of 5
138	138	Alcohol Tobacco and Firearms, 27 CFR Section 178.11: 6
139	139	(a) "Antique firearm" is any firearm not designed or 7
140	140	redesigned for using rim fire or conventional center fire 8
141	141	ignition with fixed ammunition and manufactured in or before 9
142	142	1898, said ammunition not being manufactured any longer; 10
143	143	this includes any matchlock, wheel lock, flintlock, 11
144	144	percussion cap or similar type ignition system, or replica 12
145	145	thereof; 13
146	146	(b) "Curio or relic firearm" is any firearm deriving 14
147	147	value as a collectible weap on due to its unique design, 15
148	148	ignition system, operation or at least fifty years old, 16
149	149	associated with a historical event, renown personage or 17
150	150	major war; 18
151	151	(2) "Blackjack", any instrument that is designed or 19
152	152	adapted for the purpose of stunning or inf licting physical 20
153	153	injury by striking a person, and which is readily capable of 21
154	154	lethal use; 22
155	155	(3) "Blasting agent", any material or mixture, 23
156	156	consisting of fuel and oxidizer that is intended for 24
157	157	blasting, but not otherwise defined as an explosive unde r 25
158	158	this section, provided that the finished product, as mixed 26
159	159	for use of shipment, cannot be detonated by means of a 27
160	160	numbered 8 test blasting cap when unconfined; 28 SB 147 6
161	161	(4) "Concealable firearm", any firearm with a barrel 29
162	162	less than sixteen inches in len gth, measured from the face 30
163	163	of the bolt or standing breech; 31
164	164	(5) "Deface", to alter or destroy the manufacturer's 32
165	165	or importer's serial number or any other distinguishing 33
166	166	number or identification mark; 34
167	167	(6) "Detonator", any device containing a detonating 35
168	168	charge that is used for initiating detonation in an 36
169	169	explosive, including but not limited to, electric blasting 37
170	170	caps of instantaneous and delay types, nonelectric blasting 38
171	171	caps for use with safety fuse or shock tube and detonating 39
172	172	cord delay connectors; 40
173	173	(7) "Explosive weapon", any explosive, incendiary, or 41
174	174	poison gas bomb or similar device designed or adapted for 42
175	175	the purpose of inflicting death, serious physical injury, or 43
176	176	substantial property damage; or any device designed or 44
177	177	adapted for delivering or shooting such a weapon. For the 45
178	178	purposes of this subdivision, the term "explosive" shall 46
179	179	mean any chemical compound mixture or device, the primary or 47
180	180	common purpose of which is to function by explosion, 48
181	181	including but not limited t o, dynamite and other high 49
182	182	explosives, pellet powder, initiating explosives, 50
183	183	detonators, safety fuses, squibs, detonating cords, igniter 51
184	184	cords, and igniters or blasting agents; 52
185	185	(8) "Firearm", any weapon that is designed or adapted 53
186	186	to expel a projectile by the action of an explosive; 54
187	187	(9) "Firearm silencer", any instrument, attachment, or 55
188	188	appliance that is designed or adapted to muffle the noise 56
189	189	made by the firing of any firearm; 57
190	190	(10) "Gas gun", any gas ejection device, weapon, 58
191	191	cartridge, container or contrivance other than a gas bomb 59
192	192	that is designed or adapted for the purpose of ejecting any 60 SB 147 7
193	193	poison gas that will cause death or serious physical injury, 61
194	194	but not any device that ejects a repellant or temporary 62
195	195	incapacitating substanc e; 63
196	196	(11) "Intoxicated", substantially impaired mental or 64
197	197	physical capacity resulting from introduction of any 65
198	198	substance into the body; 66
199	199	(12) "Knife", any dagger, dirk, stiletto, or bladed 67
200	200	hand instrument that is readily capable of inflicting 68
201	201	serious physical injury or death by cutting or stabbing a 69
202	202	person. For purposes of this chapter, knife does not 70
203	203	include any ordinary pocketknife with no blade more than 71
204	204	four inches in length; 72
205	205	(13) "Knuckles", any instrument that consists of 73
206	206	finger rings or guards made of a hard substance that is 74
207	207	designed or adapted for the purpose of inflicting serious 75
208	208	physical injury or death by striking a person with a fist 76
209	209	enclosed in the knuckles; 77
210	210	(14) "Machine gun", any firearm that is capable of 78
211	211	firing more than one shot automatically, without manual 79
212	212	reloading, by a single function of the trigger; 80
213	213	(15) "Projectile weapon", any bow, crossbow, pellet 81
214	214	gun, slingshot or other weapon that is not a firearm, which 82
215	215	is capable of expelling a project ile that could inflict 83
216	216	serious physical injury or death by striking or piercing a 84
217	217	person; 85
218	218	(16) "Rifle", any firearm designed [or adapted] to be 86
219	219	fired from the shoulder and to use the energy of the 87
220	220	explosive in a fixed metallic cartridge to fire a projectile 88
221	221	through a rifled bore by a single function of the trigger; 89
222	222	(17) "School", any charter school, as such term is 90
223	223	defined in section 160.400, any private school, as such term 91 SB 147 8
224	224	is defined in section 166.700, or any public school, as such 92
225	225	term is defined in section 160.011; 93
226	226	(18) "Short barrel", a barrel length of less than 94
227	227	sixteen inches for a rifle and eighteen inches for a 95
228	228	shotgun, both measured from the face of the bolt or standing 96
229	229	breech, or an overall rifle or shotgun length of less than 97
230	230	twenty-six inches; 98
231	231	(19) "Shotgun", any firearm designed or adapted to be 99
232	232	fired from the shoulder and to use the energy of the 100
233	233	explosive in a fixed shotgun shell to fire a number of shot 101
234	234	or a single projectile through a smooth bore barre l by a 102
235	235	single function of the trigger; 103
236	236	(20) "Spring gun", any fused, timed or nonmanually 104
237	237	controlled trap or device designed or adapted to set off an 105
238	238	explosion for the purpose of inflicting serious physical 106
239	239	injury or death; 107
240	240	(21) "Switchblade knife", any knife which has a blade 108
241	241	that folds or closes into the handle or sheath, and: 109
242	242	(a) That opens automatically by pressure applied to a 110
243	243	button or other device located on the handle; or 111
244	244	(b) That opens or releases from the handle or sh eath 112
245	245	by the force of gravity or by the application of centrifugal 113
246	246	force. 114
247	247	571.020. 1. A person commits an offense if such 1
248	248	person knowingly possesses, manufactures, transports, 2
249	249	repairs, or sells: 3
250	250	(1) An explosive weapon; 4
251	251	(2) An explosive, incendiary or poison substance or 5
252	252	material with the purpose to possess, manufacture or sell an 6
253	253	explosive weapon; 7
254	254	(3) A gas gun; 8 SB 147 9
255	255	(4) A bullet or projectile which explodes or detonates 9
256	256	upon impact because of an independent ex plosive charge after 10
257	257	having been shot from a firearm; [or] 11
258	258	(5) [Knuckles; or 12
259	259	(6) Any of the following in violation of federal law: 13
260	260	(a)] A machine gun; 14
261	261	[(b)] (6) A short-barreled rifle or shotgun; 15
262	262	[(c)] (7) A firearm silencer; or 16
263	263	[(d)] (8) A switchblade knife. 17
264	264	2. A person does not commit an offense pursuant to 18
265	265	this section if his or her conduct involved any of the items 19
266	266	in subdivisions (1) to [(5)] (8) of subsection 1, the item 20
267	267	was possessed in conformity with an y applicable federal law, 21
268	268	and the conduct: 22
269	269	(1) Was incident to the performance of official duty 23
270	270	by the Armed Forces, National Guard, a governmental law 24
271	271	enforcement agency, or a penal institution; or 25
272	272	(2) Was incident to engaging in a lawful c ommercial or 26
273	273	business transaction with an organization enumerated in 27
274	274	subdivision (1) of this [section] subsection; or 28
275	275	(3) Was incident to using an explosive weapon in a 29
276	276	manner reasonably related to a lawful industrial or 30
277	277	commercial enterprise; or 31
278	278	(4) Was incident to displaying the weapon in a public 32
279	279	museum or exhibition; or 33
280	280	(5) Was incident to using the weapon in a manner 34
281	281	reasonably related to a lawful dramatic performance ; or 35
282	282	(6) Was lawful according to any state law . 36
283	283	3. An offense pursuant to subdivision (1), (2), (3) 37
284	284	[or], (5), (6), (7), or (8) of subsection 1 of this section 38
285	285	is a class D felony; a crime pursuant to subdivision (4) [or 39 SB 147 10
286	286	(5)] of subsection 1 of this section is a class A 40
287	287	misdemeanor. 41
288	288	571.030. 1. A person commits the offense of unlawful 1
289	289	use of weapons[, except as otherwise provided by sections 2
290	290	571.101 to 571.121,] if he or she knowingly: 3
291	291	(1) Carries concealed upon or about his or her person 4
292	292	a knife, a firearm, a blackjack or any other weapon readily 5
293	293	capable of lethal use [into any area where firearms are 6
294	294	restricted under section 571.107; or ]: 7
295	295	(a) Into any public higher education institution or 8
296	296	public elementary or secondary school facility without the 9
297	297	consent of the governing body of the higher education 10
298	298	institution or a school official or the district school 11
299	299	board, unless the person is a teacher or administrator of an 12
300	300	elementary or secondary school who has been designated by 13
301	301	his or her school district as a schoo l protection officer 14
302	302	and is carrying a firearm in a school within that district, 15
303	303	in which case no consent is required; 16
304	304	(b) Onto any school bus or onto the premises of any 17
305	305	function or activity sponsored or sanctioned by school 18
306	306	officials or the dis trict school board, unless the weapon is 19
307	307	possessed by an adult to facilitate a school -sanctioned 20
308	308	firearm-related event or club event; 21
309	309	(c) Into any police, sheriff, or Missouri state 22
310	310	highway patrol office or station without the consent of the 23
311	311	chief law enforcement officer in charge of that office or 24
312	312	station; 25
313	313	(d) Into the facility of any adult or juvenile 26
314	314	detention or correctional institution, prison, or jail; 27
315	315	(e) Into any courthouse solely occupied by the 28
316	316	municipal, circuit, appellat e, or supreme court, or any 29
317	317	courtrooms, administrative offices, libraries, or other 30 SB 147 11
318	318	rooms of any such court, regardless of whether such court 31
319	319	solely occupies the building in question. This paragraph 32
320	320	shall also include, but not be limited to, any juven ile, 33
321	321	family, drug, or other court offices, or any room or office 34
322	322	wherein any of the courts or offices listed under this 35
323	323	subdivision are temporarily conducting any business within 36
324	324	the jurisdiction of such courts or offices. Nothing in this 37
325	325	paragraph shall preclude those persons listed under 38
326	326	subdivision (1) of subsection 2 of this section while within 39
327	327	their jurisdiction and on duty; those persons listed under 40
328	328	subdivision (2), (4), or (10) of subsection 2 of this 41
329	329	section; or such other persons who se rve in a law 42
330	330	enforcement capacity for a court as may be specified by 43
331	331	supreme court rule from carrying a concealed firearm within 44
332	332	any of the areas described under this paragraph; 45
333	333	(f) Into any meeting of the general assembly or a 46
334	334	committee of the general assembly; 47
335	335	(g) Into any area of an airport to which access is 48
336	336	controlled by the inspection of persons and property; 49
337	337	(h) Into any place where the carrying of a firearm is 50
338	338	prohibited by federal law; 51
339	339	(i) Onto any private property who se owner has posted 52
340	340	the premises as being off -limits to concealed firearms by 53
341	341	means of one or more signs displayed in a conspicuous place 54
342	342	of a minimum size of eleven inches by fourteen inches with 55
343	343	the writing thereon in letters of not less than one inc h; or 56
344	344	(j) Into any sports arena or stadium with a seating 57
345	345	capacity of five thousand or more that is under the 58
346	346	management of or leased to a private entity, including a 59
347	347	professional sports team; or 60
348	348	(2) Sets a spring gun; or 61 SB 147 12
349	349	(3) Discharges or shoots a firearm into a dwelling 62
350	350	house, a railroad train, boat, aircraft, or motor vehicle as 63
351	351	defined in section 302.010, or any building or structure 64
352	352	used for the assembling of people; or 65
353	353	(4) Exhibits, in the presence of one or more persons, 66
354	354	any weapon readily capable of lethal use in an angry or 67
355	355	threatening manner; or 68
356	356	(5) Has a firearm or projectile weapon readily capable 69
357	357	of lethal use on his or her person, while he or she is 70
358	358	intoxicated, and handles or otherwise uses such firearm or 71
359	359	projectile weapon in either a negligent or unlawful manner 72
360	360	or discharges such firearm or projectile weapon unless 73
361	361	acting in self-defense; or 74
362	362	(6) Discharges a firearm within one hundred yards of 75
363	363	any occupied schoolhouse, courthouse, or church b uilding; or 76
364	364	(7) Discharges or shoots a firearm at a mark, at any 77
365	365	object, or at random, on, along or across a public highway 78
366	366	or discharges or shoots a firearm into any outbuilding; or 79
367	367	(8) [Carries a firearm or any other weapon readily 80
368	368	capable of lethal use into any church or place where people 81
369	369	have assembled for worship, or into any election precinct on 82
370	370	any election day, or into any building owned or occupied by 83
371	371	any agency of the federal government, state government, or 84
372	372	political subdivision thereof; or 85
373	373	(9)] Discharges or shoots a firearm at or from a motor 86
374	374	vehicle, as defined in section 301.010, discharges or shoots 87
375	375	a firearm at any person, or at any other motor vehicle, or 88
376	376	at any building or habitable structure, unless the person 89
377	377	was lawfully acting in self -defense; or 90
378	378	[(10) Carries a firearm, whether loaded or unloaded, 91
379	379	or any other weapon readily capable of lethal use into any 92
380	380	school, onto any school bus, or onto the premises of any 93 SB 147 13
381	381	function or activity sponsored or sa nctioned by school 94
382	382	officials or the district school board; or 95
383	383	(11)] (9) Possesses a firearm while also knowingly in 96
384	384	possession of a controlled substance that is sufficient for 97
385	385	a felony violation of section 579.015. 98
386	386	2. [Subdivisions (1), (8), and (10)] Paragraphs (a), 99
387	387	(b), (c), (d), (f), (i), and (j) of subdivision (1) of 100
388	388	subsection 1 of this section shall not apply to the persons 101
389	389	described in subdivision (1), (3), (6), or (7) of this 102
390	390	subsection, regardless of whether such uses are reasona bly 103
391	391	associated with or are necessary to the fulfillment of such 104
392	392	person's official duties except as otherwise provided in 105
393	393	this subsection. Subdivisions (3), (4), (6), (7), and [(9)] 106
394	394	(8) of subsection 1 of this section shall not apply to or 107
395	395	affect any of the following persons, when such uses are 108
396	396	reasonably associated with or are necessary to the 109
397	397	fulfillment of such person's official duties, except as 110
398	398	otherwise provided in this subsection: 111
399	399	(1) All state, county and municipal peace officers who 112
400	400	have completed the training required by the police officer 113
401	401	standards and training commission pursuant to sections 114
402	402	590.030 to 590.050 and who possess the duty and power of 115
403	403	arrest for violation of the general criminal laws of the 116
404	404	state or for violation o f ordinances of counties or 117
405	405	municipalities of the state, whether such officers are on or 118
406	406	off duty, and whether such officers are within or outside of 119
407	407	the law enforcement agency's jurisdiction, or all qualified 120
408	408	retired peace officers, as defined in subs ection 12 of this 121
409	409	section, and who carry the identification defined in 122
410	410	subsection 13 of this section, or any person summoned by 123
411	411	such officers to assist in making arrests or preserving the 124
412	412	peace while actually engaged in assisting such officer; 125 SB 147 14
413	413	(2) Wardens, superintendents and keepers of prisons, 126
414	414	penitentiaries, jails and other institutions for the 127
415	415	detention of persons accused or convicted of crime; 128
416	416	(3) Members of the Armed Forces or National Guard 129
417	417	while performing their official duty; 130
418	418	(4) Those persons vested by Article V, Section 1 of 131
419	419	the Constitution of Missouri with the judicial power of the 132
420	420	state and those persons vested by Article III of the 133
421	421	Constitution of the United States with the judicial power of 134
422	422	the United States, the members of the federal judiciary; 135
423	423	(5) Any person whose bona fide duty is to execute 136
424	424	process, civil or criminal; 137
425	425	(6) Any federal probation officer or federal flight 138
426	426	deck officer as defined under the federal flight deck 139
427	427	officer program, 49 U.S .C. Section 44921, regardless of 140
428	428	whether such officers are on duty, or within the law 141
429	429	enforcement agency's jurisdiction; 142
430	430	(7) Any state probation or parole officer, including 143
431	431	supervisors and members of the parole board; 144
432	432	(8) Any corporate security advisor meeting the 145
433	433	definition and fulfilling the requirements of the 146
434	434	regulations established by the department of public safety 147
435	435	under section 590.750; 148
436	436	(9) Any coroner, deputy coroner, medical examiner, or 149
437	437	assistant medical examiner; 150
438	438	(10) Any municipal or county prosecuting attorney or 151
439	439	assistant prosecuting attorney; circuit attorney or 152
440	440	assistant circuit attorney; municipal, associate, or circuit 153
441	441	judge; or any person appointed by a court to be a special 154
442	442	prosecutor who has completed the firearms safety training 155
443	443	course required under subsection 2 of section 571.111; 156 SB 147 15
444	444	(11) Any member of a fire department or fire 157
445	445	protection district who is employed on a full -time basis as 158
446	446	a fire investigator and who has a valid concealed carry 159
447	447	endorsement issued prior to August 28, 2013, or a valid 160
448	448	concealed carry permit under section 571.111 when such uses 161
449	449	are reasonably associated with or are necessary to the 162
450	450	fulfillment of such person's official duties; and 163
451	451	(12) Upon the written appro val of the governing body 164
452	452	of a fire department or fire protection district, any paid 165
453	453	fire department or fire protection district member who is 166
454	454	employed on a full-time basis and who has a valid concealed 167
455	455	carry endorsement issued prior to August 28, 2013 , or a 168
456	456	valid concealed carry permit, when such uses are reasonably 169
457	457	associated with or are necessary to the fulfillment of such 170
458	458	person's official duties. 171
459	459	3. Subdivisions (1)[,] and (5)[, (8), and (10)] of 172
460	460	subsection 1 of this section do not apply when the actor is 173
461	461	transporting such weapons in a nonfunctioning state or in an 174
462	462	unloaded state when ammunition is not readily accessible or 175
463	463	when such weapons are not readily accessible. Subdivision 176
464	464	(1) of subsection 1 of this section does not apply to any 177
465	465	person nineteen years of age or older or eighteen years of 178
466	466	age or older and a member of the United States Armed Forces, 179
467	467	or honorably discharged from the United States Armed Forces, 180
468	468	transporting a concealable firearm in the passenger 181
469	469	compartment of a motor vehicle, so long as such concealable 182
470	470	firearm is otherwise lawfully possessed [, nor when the actor 183
471	471	is also in possession of an exposed firearm or projectile 184
472	472	weapon for the lawful pursuit of game, or is in his or her 185
473	473	dwelling unit or upon premis es over which the actor has 186
474	474	possession, authority or control, or is traveling in a 187
475	475	continuous journey peaceably through this state. 188 SB 147 16
476	476	Subdivision (10) of subsection 1 of this section does not 189
477	477	apply if the firearm is otherwise lawfully possessed by a 190
478	478	person while traversing school premises for the purposes of 191
479	479	transporting a student to or from school, or possessed by an 192
480	480	adult for the purposes of facilitation of a school - 193
481	481	sanctioned firearm-related event or club event ]. 194
482	482	4. [Subdivisions] Subdivision (1)[, (8), and (10)] of 195
483	483	subsection 1 of this section shall not apply to any person 196
484	484	who has a valid concealed carry permit issued pursuant to 197
485	485	sections 571.101 to 571.121, a valid lifetime or extended 198
486	486	concealed carry permit issued under sections 571.20 5 to 199
487	487	571.230, a valid concealed carry endorsement issued before 200
488	488	August 28, 2013, or a valid permit or endorsement to carry 201
489	489	concealed firearms issued by another state or political 202
490	490	subdivision of another state. 203
491	491	5. Subdivisions (3), (4), (5), (6), ( 7), and (8)[, 204
492	492	(9), and (10)] of subsection 1 of this section shall not 205
493	493	apply to persons who are engaged in a lawful act of defense 206
494	494	pursuant to section 563.031. 207
495	495	6. Notwithstanding any provision of this section to 208
496	496	the contrary, the state shall not prohibit any state 209
497	497	employee from having a firearm in the employee's vehicle on 210
498	498	the state's property provided that the vehicle is locked and 211
499	499	the firearm is not visible. This subsection shall only 212
500	500	apply to the state as an employer when the state employe e's 213
501	501	vehicle is on property owned or leased by the state and the 214
502	502	state employee is conducting activities within the scope of 215
503	503	his or her employment. For the purposes of this subsection, 216
504	504	"state employee" means an employee of the executive, 217
505	505	legislative, or judicial branch of the government of the 218
506	506	state of Missouri. 219 SB 147 17
507	507	7. (1) Subdivision (10) of subsection 1 of this 220
508	508	section shall not apply to a person who is a school officer 221
509	509	commissioned by the district school board under section 222
510	510	162.215 or who is a school protection officer, as described 223
511	511	under section 160.665. 224
512	512	(2) Nothing in this section shall make it unlawful for 225
513	513	a student to actually participate in school -sanctioned gun 226
514	514	safety courses, student military or ROTC courses, or other 227
515	515	school-sponsored or club-sponsored firearm-related events, 228
516	516	provided the student does not carry a firearm or other 229
517	517	weapon readily capable of lethal use into any school, onto 230
518	518	any school bus, or onto the premises of any other function 231
519	519	or activity sponsored or san ctioned by school officials or 232
520	520	the district school board. 233
521	521	8. A person who commits the [crime] offense of 234
522	522	unlawful use of weapons under: 235
523	523	(1) Subdivision (2), (3), (4), or [(11)] (9) of 236
524	524	subsection 1 of this section shall be guilty of a class E 237
525	525	felony; 238
526	526	(2) Subdivision (1), (6), or (7)[, or (8)] of 239
527	527	subsection 1 of this section shall be guilty of a class [B] 240
528	528	D misdemeanor, except when a concealed weapon is carried 241
529	529	onto any private property whose owner has posted the 242
530	530	premises as being of f-limits to concealed firearms by means 243
531	531	of one or more signs displayed in a conspicuous place of a 244
532	532	minimum size of eleven inches by fourteen inches with the 245
533	533	writing thereon in letters of not less than one inch, in 246
534	534	which case the [penalties of subsectio n 2 of section 571.107 247
535	535	shall apply] offense shall not be a criminal act but may 248
536	536	subject the person to denied access to or removal from the 249
537	537	premises. If such person refuses to leave the premises and 250
538	538	a peace officer is summoned, such person may be issue d a 251 SB 147 18
539	539	citation for an amount not to exceed one hundred dollars for 252
540	540	the first offense. If a second citation for a similar 253
541	541	violation occurs within a six -month period, such person 254
542	542	shall be fined an amount not to exceed two hundred dollars. 255
543	543	If a third or subsequent citation for a similar violation is 256
544	544	issued within one year of the first citation, such person 257
545	545	shall be fined an amount not to exceed five hundred dollars ; 258
546	546	(3) Subdivision (5) [or (10)] of subsection 1 of this 259
547	547	section shall be guilty of a class A misdemeanor if the 260
548	548	firearm is unloaded and a class E felony if the firearm is 261
549	549	loaded; 262
550	550	(4) Subdivision [(9)] (8) of subsection 1 of this 263
551	551	section shall be guilty of a class B felony, except that if 264
552	552	the violation of subdivision [(9)] (8) of subsection 1 of 265
553	553	this section results in injury or death to another person, 266
554	554	it is a class A felony. 267
555	555	9. Violations of subdivision [(9)] (8) of subsection 1 268
556	556	of this section shall be punished as follows: 269
557	557	(1) For the first violation a person sh all be 270
558	558	sentenced to the maximum authorized term of imprisonment for 271
559	559	a class B felony; 272
560	560	(2) For any violation by a prior offender as defined 273
561	561	in section 558.016, a person shall be sentenced to the 274
562	562	maximum authorized term of imprisonment for a class B felony 275
563	563	without the possibility of parole, probation or conditional 276
564	564	release for a term of ten years; 277
565	565	(3) For any violation by a persistent offender as 278
566	566	defined in section 558.016, a person shall be sentenced to 279
567	567	the maximum authorized term of impr isonment for a class B 280
568	568	felony without the possibility of parole, probation, or 281
569	569	conditional release; 282 SB 147 19
570	570	(4) For any violation which results in injury or death 283
571	571	to another person, a person shall be sentenced to an 284
572	572	authorized disposition for a class A f elony. 285
573	573	10. Any person knowingly aiding or abetting any other 286
574	574	person in the violation of subdivision [(9)] (8) of 287
575	575	subsection 1 of this section shall be subject to the same 288
576	576	penalty as that prescribed by this section for violations by 289
577	577	other persons. 290
578	578	11. Notwithstanding any other provision of law, no 291
579	579	person who pleads guilty to or is found guilty of a felony 292
580	580	violation of subsection 1 of this section shall receive a 293
581	581	suspended imposition of sentence if such person has 294
582	582	previously received a sus pended imposition of sentence for 295
583	583	any other firearms- or weapons-related felony offense. 296
584	584	12. As used in this section "qualified retired peace 297
585	585	officer" means an individual who: 298
586	586	(1) Retired in good standing from service with a 299
587	587	public agency as a peace officer, other than for reasons of 300
588	588	mental instability; 301
589	589	(2) Before such retirement, was authorized by law to 302
590	590	engage in or supervise the prevention, detection, 303
591	591	investigation, or prosecution of, or the incarceration of 304
592	592	any person for, any v iolation of law, and had statutory 305
593	593	powers of arrest; 306
594	594	(3) Before such retirement, was regularly employed as 307
595	595	a peace officer for an aggregate of fifteen years or more, 308
596	596	or retired from service with such agency, after completing 309
597	597	any applicable probat ionary period of such service, due to a 310
598	598	service-connected disability, as determined by such agency; 311
599	599	(4) Has a nonforfeitable right to benefits under the 312
600	600	retirement plan of the agency if such a plan is available; 313 SB 147 20
601	601	(5) During the most recent twe lve-month period, has 314
602	602	met, at the expense of the individual, the standards for 315
603	603	training and qualification for active peace officers to 316
604	604	carry firearms; 317
605	605	(6) Is not under the influence of alcohol or another 318
606	606	intoxicating or hallucinatory drug or subs tance; and 319
607	607	(7) Is not prohibited by federal law from receiving a 320
608	608	firearm. 321
609	609	13. The identification required by subdivision (1) of 322
610	610	subsection 2 of this section is: 323
611	611	(1) A photographic identification issued by the agency 324
612	612	from which the individual retired from service as a peace 325
613	613	officer that indicates that the individual has, not less 326
614	614	recently than one year before the date the individual is 327
615	615	carrying the concealed firearm, been tested or otherwise 328
616	616	found by the agency to meet the standards established by the 329
617	617	agency for training and qualification for active peace 330
618	618	officers to carry a firearm of the same type as the 331
619	619	concealed firearm; or 332
620	620	(2) A photographic identification issued by the agency 333
621	621	from which the individual retired from serv ice as a peace 334
622	622	officer; and 335
623	623	(3) A certification issued by the state in which the 336
624	624	individual resides that indicates that the individual has, 337
625	625	not less recently than one year before the date the 338
626	626	individual is carrying the concealed firearm, been tes ted or 339
627	627	otherwise found by the state to meet the standards 340
628	628	established by the state for training and qualification for 341
629	629	active peace officers to carry a firearm of the same type as 342
630	630	the concealed firearm. 343
631	631	14. Notwithstanding any provision of this se ction or 344
632	632	any other law to the contrary, the offense of unlawful use 345 SB 147 21
633	633	of weapons under subdivision (1) of subsection 1 of this 346
634	634	section shall not include possession of a firearm in a 347
635	635	vehicle on any premises listed under paragraphs (a) to (j) 348
636	636	of subdivision (1) of subsection 1 of this section, except 349
637	637	if prohibited by federal law, so long as the firearm is not 350
638	638	removed from the vehicle or brandished while the vehicle is 351
639	639	in or on the listed premises. 352
640	640	571.069. 1. Any business that elect s to prohibit the 1
641	641	possession of firearms or other weapons on its premises by 2
642	642	posting a sign described under section 571.107 or by another 3
643	643	method authorized under this chapter shall assume custodial 4
644	644	responsibility for the safety and defense of any perso n who 5
645	645	is authorized to carry firearms or other arms under this 6
646	646	chapter while the person is on the premises of the 7
647	647	business. The provisions of this section shall not apply to 8
648	648	private property not used for commercial purposes or private 9
649	649	residences of any type. As used in this section, "business" 10
650	650	means any business that sells or provides goods or services 11
651	651	to the general public whose annual gross volume sales made 12
652	652	or business done is more than five hundred thousand dollars. 13
653	653	2. Notwithstanding any other provision of law to the 14
654	654	contrary, the requirement to ensure the safety and defense 15
655	655	of persons under subsection 1 of this section shall include 16
656	656	a mandatory and explicit duty to guard persons authorized to 17
657	657	carry firearms or other arms under this chapter against 18
658	658	criminal or harmful acts, as such terms are defined in 19
659	659	section 537.785, of a third party including, but not limited 20
660	660	to, trespassers, employees, customers, or other invitees of 21
661	661	the business. The requirement to ensure safety and defense 22
662	662	shall also include a duty to guard persons authorized to 23
663	663	carry firearms or other arms against vicious animals and 24
664	664	wild animals. The duty to guard such persons under this 25 SB 147 22
665	665	section shall apply only to the defense against conduct that 26
666	666	could reasonably have been prevented by the use of arms in 27
667	667	lawful self-defense. If a business restricts the possession 28
668	668	of firearms or other arms, such business shall post, 29
669	669	together with the sign required under section 571.107, 30
670	670	notice stating that persons authorized to c arry firearms or 31
671	671	other arms under this chapter are under the custodial 32
672	672	responsibility of the business. 33
673	673	3. If a person authorized to carry firearms or other 34
674	674	arms under this chapter is injured, suffers bodily injury or 35
675	675	death, incurs economic loss o r expense, or suffers property 36
676	676	damage as a result of a business breaching the duty to 37
677	677	defend such person, the person shall have a cause of action 38
678	678	against the business prohibiting the possession of firearms 39
679	679	or other arms under this chapter. 40
680	680	4. The standard of proof for any action under this 41
681	681	section shall require a plaintiff to show by a preponderance 42
682	682	of the evidence that: 43
683	683	(1) The plaintiff was authorized to carry firearms or 44
684	684	other arms under this chapter; 45
685	685	(2) The plaintiff was lawful ly prohibited from 46
686	686	carrying firearms or other arms by reason of a sign 47
687	687	voluntarily posted by a business under section 571.107; 48
688	688	(3) The business was not required to prohibit firearms 49
689	689	or other arms under state or federal law or by a rule or 50
690	690	policy enacted by a political subdivision or the state 51
691	691	contracting with such business entity; and 52
692	692	(4) The business's prohibition of carrying firearms or 53
693	693	other arms was the proximate cause of the damages, loss, or 54
694	694	injury suffered by the plaintiff. 55
695	695	5. If a plaintiff prevails in an action brought under 56
696	696	this section, the plaintiff shall be entitled to actual 57 SB 147 23
697	697	damages sustained as a result of the failure of the business 58
698	698	to guard against criminal and harmful acts, and shall also 59
699	699	be entitled to recover reasonable attorney's fees, expert 60
700	700	witness costs, and court costs. 61
701	701	6. An action under this section shall be brought 62
702	702	within two years from the date on which the damages, loss, 63
703	703	or injury occurred. 64
704	704	7. Any business electing to allow invitees, em ployees, 65
705	705	or other guests to lawfully possess firearms or other lawful 66
706	706	weapons on its premises as authorized under section 571.107, 67
707	707	or other provisions of this chapter, shall not be held 68
708	708	liable for any bodily injury or death, economic loss or 69
709	709	expense, property damage, emotional distress, or other 70
710	710	injury any person suffers while such person is on the 71
711	711	premises of the business unless the business, or an owner or 72
712	712	agent thereof, acted purposely, in committing or assisting 73
713	713	in committing the act that cause d such injury. 74
714	714	571.101. 1. All applicants for concealed carry 1
715	715	permits issued pursuant to subsection 7 of this section must 2
716	716	satisfy the requirements of sections 571.101 to 571.121. If 3
717	717	the said applicant can show qualification as pro vided by 4
718	718	sections 571.101 to 571.121, the county or city sheriff 5
719	719	shall issue a concealed carry permit authorizing the 6
720	720	carrying of a concealed firearm on or about the applicant's 7
721	721	person or within a vehicle. A concealed carry permit shall 8
722	722	be valid from the date of issuance or renewal until five 9
723	723	years from the last day of the month in which the permit was 10
724	724	issued or renewed, unless the permit expires during a 11
725	725	declared state of emergency as provided in chapter 44, then 12
726	726	the concealed carry permit shall be valid until the order 13
727	727	has been rescinded. The concealed carry permit is valid 14
728	728	throughout this state. Although the permit is considered 15 SB 147 24
729	729	valid in the state, a person who fails to renew his or her 16
730	730	permit within five years from the date of issuance or 17
731	731	renewal shall not be eligible for an exception to a National 18
732	732	Instant Criminal Background Check under federal regulations 19
733	733	currently codified under 27 CFR 478.102(d), relating to the 20
734	734	transfer, sale, or delivery of firearms from licensed 21
735	735	dealers. A concealed carry endorsement issued prior to 22
736	736	August 28, 2013, shall continue from the date of issuance or 23
737	737	renewal until three years from the last day of the month in 24
738	738	which the endorsement was issued or renewed to authorize the 25
739	739	carrying of a concealed firea rm on or about the applicant's 26
740	740	person or within a vehicle in the same manner as a concealed 27
741	741	carry permit issued under subsection 7 of this section on or 28
742	742	after August 28, 2013. 29
743	743	2. A concealed carry permit issued pursuant to 30
744	744	subsection 7 of this se ction shall be issued by [the] any 31
745	745	sheriff or his or her designee [of the county or city in 32
746	746	which the applicant resides ] in this state, if the applicant: 33
747	747	(1) Is at least nineteen years of age, is a citizen or 34
748	748	permanent resident of the United State s and either: 35
749	749	(a) Has assumed residency in this state; or 36
750	750	(b) Is a member of the Armed Forces stationed in 37
751	751	Missouri, or the spouse of such member of the military; 38
752	752	(2) Is at least nineteen years of age, or is at least 39
753	753	eighteen years of age and a member of the United States 40
754	754	Armed Forces or honorably discharged from the United States 41
755	755	Armed Forces, and is a citizen of the United States and 42
756	756	either: 43
757	757	(a) Has assumed residency in this state; 44
758	758	(b) Is a member of the Armed Forces sta tioned in 45
759	759	Missouri; or 46 SB 147 25
760	760	(c) The spouse of such member of the military 47
761	761	stationed in Missouri and nineteen years of age; 48
762	762	(3) Has not pled guilty to or entered a plea of nolo 49
763	763	contendere or been convicted of a crime punishable by 50
764	764	imprisonment for a term exceeding one year under the laws of 51
765	765	any state or of the United States other than a crime 52
766	766	classified as a misdemeanor under the laws of any state and 53
767	767	punishable by a term of imprisonment of two years or less 54
768	768	that does not involve an explosive weapon, firearm, firearm 55
769	769	silencer or gas gun; 56
770	770	(4) Has not been convicted of, pled guilty to or 57
771	771	entered a plea of nolo contendere to one or more misdemeanor 58
772	772	offenses involving crimes of violence within a five -year 59
773	773	period immediately preceding appl ication for a concealed 60
774	774	carry permit or if the applicant has not been convicted of 61
775	775	two or more misdemeanor offenses involving driving while 62
776	776	under the influence of intoxicating liquor or drugs or the 63
777	777	possession or abuse of a controlled substance within a five- 64
778	778	year period immediately preceding application for a 65
779	779	concealed carry permit; 66
780	780	(5) Is not a fugitive from justice or currently 67
781	781	charged in an information or indictment with the commission 68
782	782	of a crime punishable by imprisonment for a term exceed ing 69
783	783	one year under the laws of any state of the United States 70
784	784	other than a crime classified as a misdemeanor under the 71
785	785	laws of any state and punishable by a term of imprisonment 72
786	786	of two years or less that does not involve an explosive 73
787	787	weapon, firearm, firearm silencer, or gas gun; 74
788	788	(6) Has not been discharged under dishonorable 75
789	789	conditions from the United States Armed Forces; 76
790	790	(7) Has not engaged in a pattern of behavior, 77
791	791	documented in public or closed records, that causes the 78 SB 147 26
792	792	sheriff to have a reasonable belief that the applicant 79
793	793	presents a danger to himself or others; 80
794	794	(8) Is not adjudged mentally incompetent at the time 81
795	795	of application or for five years prior to application, or 82
796	796	has not been committed to a mental health facility, as 83
797	797	defined in section 632.005, or a similar institution located 84
798	798	in another state following a hearing at which the defendant 85
799	799	was represented by counsel or a representative; 86
800	800	(9) Submits a completed application for a permit as 87
801	801	described in subsection 3 of this section; 88
802	802	(10) Submits an affidavit attesting that the applicant 89
803	803	complies with the concealed carry safety training 90
804	804	requirement pursuant to subsections 1 and 2 of section 91
805	805	571.111; 92
806	806	(11) Is not the respondent of a valid full order of 93
807	807	protection which is still in effect; 94
808	808	(12) Is not otherwise prohibited from possessing a 95
809	809	firearm under section 571.070 or 18 U.S.C. Section 922(g). 96
810	810	3. The application for a concealed carry permit issued 97
811	811	by the sheriff [of the county of the appl icant's residence] 98
812	812	shall contain only the following information: 99
813	813	(1) The applicant's name, address, telephone number, 100
814	814	gender, date and place of birth, and, if the applicant is 101
815	815	not a United States citizen, the applicant's country of 102
816	816	citizenship and any alien or admission number issued by the 103
817	817	Federal Bureau of Customs and Immigration Enforcement or any 104
818	818	successor agency; 105
819	819	(2) An affirmation that the applicant has assumed 106
820	820	residency in Missouri or is a member of the Armed Forces 107
821	821	stationed in Missouri or the spouse of such a member of the 108
822	822	Armed Forces and is a citizen or permanent resident of the 109
823	823	United States; 110 SB 147 27
824	824	(3) An affirmation that the applicant is at least 111
825	825	nineteen years of age or is eighteen years of age or older 112
826	826	and a member of the United States Armed Forces or honorably 113
827	827	discharged from the United States Armed Forces; 114
828	828	(4) An affirmation that the applicant has not pled 115
829	829	guilty to or been convicted of a crime punishable by 116
830	830	imprisonment for a term exceeding one year under the laws of 117
831	831	any state or of the United States other than a crime 118
832	832	classified as a misdemeanor under the laws of any state and 119
833	833	punishable by a term of imprisonment of two years or less 120
834	834	that does not involve an explosive weapon, firearm, firearm 121
835	835	silencer, or gas gun; 122
836	836	(5) An affirmation that the applicant has not been 123
837	837	convicted of, pled guilty to, or entered a plea of nolo 124
838	838	contendere to one or more misdemeanor offenses involving 125
839	839	crimes of violence within a five -year period immediately 126
840	840	preceding application for a permit or if the applicant has 127
841	841	not been convicted of two or more misdemeanor offenses 128
842	842	involving driving while under the influence of intoxicating 129
843	843	liquor or drugs or the possession or abuse of a controlled 130
844	844	substance within a five -year period immediately preceding 131
845	845	application for a permit; 132
846	846	(6) An affirmation that the applicant is not a 133
847	847	fugitive from justice or currently charged in an information 134
848	848	or indictment with the commission of a crime punishable by 135
849	849	imprisonment for a term exce eding one year under the laws of 136
850	850	any state or of the United States other than a crime 137
851	851	classified as a misdemeanor under the laws of any state and 138
852	852	punishable by a term of imprisonment of two years or less 139
853	853	that does not involve an explosive weapon, firea rm, firearm 140
854	854	silencer or gas gun; 141 SB 147 28
855	855	(7) An affirmation that the applicant has not been 142
856	856	discharged under dishonorable conditions from the United 143
857	857	States Armed Forces; 144
858	858	(8) An affirmation that the applicant is not adjudged 145
859	859	mentally incompetent at the time of application or for five 146
860	860	years prior to application, or has not been committed to a 147
861	861	mental health facility, as defined in section 632.005, or a 148
862	862	similar institution located in another state, except that a 149
863	863	person whose release or discharge fro m a facility in this 150
864	864	state pursuant to chapter 632, or a similar discharge from a 151
865	865	facility in another state, occurred more than five years ago 152
866	866	without subsequent recommitment may apply; 153
867	867	(9) An affirmation that the applicant has received 154
868	868	firearms safety training that meets the standards of 155
869	869	applicant firearms safety training defined in subsection 1 156
870	870	or 2 of section 571.111; 157
871	871	(10) An affirmation that the applicant, to the 158
872	872	applicant's best knowledge and belief, is not the respondent 159
873	873	of a valid full order of protection which is still in effect; 160
874	874	(11) A conspicuous warning that false statements made 161
875	875	by the applicant will result in prosecution for perjury 162
876	876	pursuant to the laws of the state of Missouri; and 163
877	877	(12) A government-issued photo identification. This 164
878	878	photograph shall not be included on the permit and shall 165
879	879	only be used to verify the person's identity for permit 166
880	880	renewal, or for the issuance of a new permit due to change 167
881	881	of address, or for a lost or destroyed permit. 168
882	882	4. [An application for a concealed carry permit shall 169
883	883	be made to the sheriff of the county or any city not within 170
884	884	a county in which the applicant resides.] An application 171
885	885	shall be filed in writing, signed under oath and under the 172
886	886	penalties of perjury, an d shall state whether the applicant 173 SB 147 29
887	887	complies with each of the requirements specified in 174
888	888	subsection 2 of this section. In addition to the completed 175
889	889	application, the applicant for a concealed carry permit must 176
890	890	also submit the following: 177
891	891	(1) A photocopy of a firearms safety training 178
892	892	certificate of completion or other evidence of completion of 179
893	893	a firearms safety training course that meets the standards 180
894	894	established in subsection 1 or 2 of section 571.111; and 181
895	895	(2) A nonrefundable permit fee as provided by 182
896	896	subsection 11 or 12 of this section. 183
897	897	5. (1) Before an application for a concealed carry 184
898	898	permit is approved, the sheriff shall make only such 185
899	899	inquiries as he or she deems necessary into the accuracy of 186
900	900	the statements made in the appli cation. The sheriff may 187
901	901	require that the applicant display a Missouri driver's 188
902	902	license or nondriver's license or military identification 189
903	903	and orders showing the person being stationed in Missouri. 190
904	904	In order to determine the applicant's suitability for a 191
905	905	concealed carry permit, the applicant shall be 192
906	906	fingerprinted. No other biometric data shall be collected 193
907	907	from the applicant. The sheriff shall conduct an inquiry of 194
908	908	the National Instant Criminal Background Check System within 195
909	909	three working days af ter submission of the properly 196
910	910	completed application for a concealed carry permit. If no 197
911	911	disqualifying record is identified by these checks at the 198
912	912	state level, the fingerprints shall be forwarded to the 199
913	913	Federal Bureau of Investigation for a national c riminal 200
914	914	history record check. Upon receipt of the completed report 201
915	915	from the National Instant Criminal Background Check System 202
916	916	and the response from the Federal Bureau of Investigation 203
917	917	national criminal history record check, the sheriff shall 204
918	918	examine the results and, if no disqualifying information is 205 SB 147 30
919	919	identified, shall issue a concealed carry permit within 206
920	920	three working days. 207
921	921	(2) In the event the report from the National Instant 208
922	922	Criminal Background Check System and the response from the 209
923	923	Federal Bureau of Investigation national criminal history 210
924	924	record check prescribed by subdivision (1) of this 211
925	925	subsection are not completed within forty -five calendar days 212
926	926	and no disqualifying information concerning the applicant 213
927	927	has otherwise come to the she riff's attention, the sheriff 214
928	928	shall issue a provisional permit, clearly designated on the 215
929	929	certificate as such, which the applicant shall sign in the 216
930	930	presence of the sheriff or the sheriff's designee. This 217
931	931	permit, when carried with a valid Missouri dri ver's or 218
932	932	nondriver's license or a valid military identification, 219
933	933	shall permit the applicant to exercise the same rights in 220
934	934	accordance with the same conditions as pertain to a 221
935	935	concealed carry permit issued under this section, provided 222
936	936	that it shall not serve as an alternative to an national 223
937	937	instant criminal background check required by 18 U.S.C. 224
938	938	Section 922(t). The provisional permit shall remain valid 225
939	939	until such time as the sheriff either issues or denies the 226
940	940	certificate of qualification under sub section 6 or 7 of this 227
941	941	section. The sheriff shall revoke a provisional permit 228
942	942	issued under this subsection within twenty -four hours of 229
943	943	receipt of any report that identifies a disqualifying 230
944	944	record, and shall notify the concealed carry permit system 231
945	945	established under subsection 5 of section 650.350. The 232
946	946	revocation of a provisional permit issued under this section 233
947	947	shall be proscribed in a manner consistent to the denial and 234
948	948	review of an application under subsection 6 of this section. 235
949	949	6. The sheriff may refuse to approve an application 236
950	950	for a concealed carry permit if he or she determines that 237 SB 147 31
951	951	any of the requirements specified in subsection 2 of this 238
952	952	section have not been met, or if he or she has a substantial 239
953	953	and demonstrable reason to believ e that the applicant has 240
954	954	rendered a false statement regarding any of the provisions 241
955	955	of sections 571.101 to 571.121. If the applicant is found 242
956	956	to be ineligible, the sheriff is required to deny the 243
957	957	application, and notify the applicant in writing, stati ng 244
958	958	the grounds for denial and informing the applicant of the 245
959	959	right to submit, within thirty days, any additional 246
960	960	documentation relating to the grounds of the denial. Upon 247
961	961	receiving any additional documentation, the sheriff shall 248
962	962	reconsider his or her decision and inform the applicant 249
963	963	within thirty days of the result of the reconsideration. 250
964	964	The applicant shall further be informed in writing of the 251
965	965	right to appeal the denial pursuant to subsections 2, 3, 4, 252
966	966	and 5 of section 571.114. After two additional reviews and 253
967	967	denials by the sheriff, the person submitting the 254
968	968	application shall appeal the denial pursuant to subsections 255
969	969	2, 3, 4, and 5 of section 571.114. 256
970	970	7. If the application is approved, the sheriff shall 257
971	971	issue a concealed carry permi t to the applicant within a 258
972	972	period not to exceed three working days after his or her 259
973	973	approval of the application. The applicant shall sign the 260
974	974	concealed carry permit in the presence of the sheriff or his 261
975	975	or her designee. 262
976	976	8. The concealed carry p ermit shall specify only the 263
977	977	following information: 264
978	978	(1) Name, address, date of birth, gender, height, 265
979	979	weight, color of hair, color of eyes, and signature of the 266
980	980	permit holder; 267
981	981	(2) The signature of the sheriff issuing the permit; 268
982	982	(3) The date of issuance; and 269 SB 147 32
983	983	(4) The expiration date. 270
984	984	The permit shall be no larger than two and one -eighth inches 271
985	985	wide by three and three -eighths inches long and shall be of 272
986	986	a uniform style prescribed by the department of public 273
987	987	safety. The permit shall also be assigned a concealed carry 274
988	988	permit system county code and shall be stored in sequential 275
989	989	number. 276
990	990	9. (1) The sheriff shall keep a record of all 277
991	991	applications for a concealed carry permit or a provisional 278
992	992	permit and his or her action ther eon. Any record of an 279
993	993	application that is incomplete or denied for any reason 280
994	994	shall be kept for a period not to exceed one year. Any 281
995	995	record of an application that was approved shall be kept for 282
996	996	a period of one year after the expiration and nonrenewal of 283
997	997	the permit. 284
998	998	(2) The sheriff shall report the issuance of a 285
999	999	concealed carry permit or provisional permit to the 286
1000	1000	concealed carry permit system. All information on any such 287
1001	1001	permit that is protected information on any driver's or 288
1002	1002	nondriver's license shall have the same personal protection 289
1003	1003	for purposes of sections 571.101 to 571.121. An applicant's 290
1004	1004	status as a holder of a concealed carry permit, provisional 291
1005	1005	permit, or a concealed carry endorsement issued prior to 292
1006	1006	August 28, 2013, shall not b e public information and shall 293
1007	1007	be considered personal protected information. Information 294
1008	1008	retained in the concealed carry permit system under this 295
1009	1009	subsection shall not be distributed to any federal, state, 296
1010	1010	or private entities and shall only be made ava ilable for a 297
1011	1011	single entry query of an individual in the event the 298
1012	1012	individual is a subject of interest in an active criminal 299
1013	1013	investigation or is arrested for a crime. A sheriff may 300 SB 147 33
1014	1014	access the concealed carry permit system for administrative 301
1015	1015	purposes to issue a permit, verify the accuracy of permit 302
1016	1016	holder information, change the name or address of a permit 303
1017	1017	holder, suspend or revoke a permit, cancel an expired 304
1018	1018	permit, or cancel a permit upon receipt of a certified death 305
1019	1019	certificate for the permit hol der. Any person who violates 306
1020	1020	the provisions of this subdivision by disclosing protected 307
1021	1021	information shall be guilty of a class A misdemeanor. 308
1022	1022	10. Information regarding any holder of a concealed 309
1023	1023	carry permit, or a concealed carry endorsement issue d prior 310
1024	1024	to August 28, 2013, is a closed record. No bulk download or 311
1025	1025	batch data shall be distributed to any federal, state, or 312
1026	1026	private entity, except to MoSMART or a designee thereof. 313
1027	1027	Any state agency that has retained any documents or records, 314
1028	1028	including fingerprint records provided by an applicant for a 315
1029	1029	concealed carry endorsement prior to August 28, 2013, shall 316
1030	1030	destroy such documents or records, upon successful issuance 317
1031	1031	of a permit. 318
1032	1032	11. For processing an application for a concealed 319
1033	1033	carry permit pursuant to sections 571.101 to 571.121, the 320
1034	1034	sheriff in each county shall charge a nonrefundable fee not 321
1035	1035	to exceed one hundred dollars which shall be paid to the 322
1036	1036	treasury of the county to the credit of the sheriff's 323
1037	1037	revolving fund. This fee shall include the cost to 324
1038	1038	reimburse the Missouri state highway patrol for the costs of 325
1039	1039	fingerprinting and criminal background checks. An 326
1040	1040	additional fee shall be added to each credit card, debit 327
1041	1041	card, or other electronic transaction equal to the charge 328
1042	1042	paid by the state or the applicant for the use of the credit 329
1043	1043	card, debit card, or other electronic payment method by the 330
1044	1044	applicant. 331 SB 147 34
1045	1045	12. For processing a renewal for a concealed carry 332
1046	1046	permit pursuant to sections 571.101 to 571.121, the sheriff 333
1047	1047	in each county shall charge a nonrefundable fee not to 334
1048	1048	exceed fifty dollars which shall be paid to the treasury of 335
1049	1049	the county to the credit of the sheriff's revolving fund. 336
1050	1050	13. For the purposes of sections 571.101 to 571.121, 337
1051	1051	the term "sheriff" shall i nclude the sheriff of any county 338
1052	1052	or city not within a county or his or her designee and in 339
1053	1053	counties of the first classification the sheriff may 340
1054	1054	designate the chief of police of any city, town, or 341
1055	1055	municipality within such county. 342
1056	1056	14. For the purposes of this chapter, "concealed carry 343
1057	1057	permit" shall include any concealed carry endorsement issued 344
1058	1058	by the department of revenue before January 1, 2014, and any 345
1059	1059	concealed carry document issued by any sheriff or under the 346
1060	1060	authority of any sheriff after D ecember 31, 2013. 347
1061	1061	571.104. 1. A concealed carry endorsement issued 1
1062	1062	prior to August 28, 2013, shall be suspended or revoked if 2
1063	1063	the concealed carry endorsement holder becomes ineligible 3
1064	1064	for such endorsement under the criteria establis hed in 4
1065	1065	subdivisions (3), (4), (5), (8), and (11) of subsection 2 of 5
1066	1066	section 571.101 or upon the issuance of a valid full order 6
1067	1067	of protection. The following procedures shall be followed: 7
1068	1068	(1) When a valid full order of protection, or any 8
1069	1069	arrest warrant, discharge, or commitment for the reasons 9
1070	1070	listed in subdivision (3), (4), (5), (8), or (11) of 10
1071	1071	subsection 2 of section 571.101, is issued against a person 11
1072	1072	holding a concealed carry endorsement issued prior to August 12
1073	1073	28, 2013, upon notification of said order, warrant, 13
1074	1074	discharge or commitment or upon an order of a court of 14
1075	1075	competent jurisdiction in a criminal proceeding, a 15
1076	1076	commitment proceeding or a full order of protection 16 SB 147 35
1077	1077	proceeding ruling that a person holding a concealed carry 17
1078	1078	endorsement presents a risk of harm to themselves or others, 18
1079	1079	then upon notification of such order, the holder of the 19
1080	1080	concealed carry endorsement shall surrender the driver's 20
1081	1081	license or nondriver's license containing the concealed 21
1082	1082	carry endorsement to the court, off icer, or other official 22
1083	1083	serving the order, warrant, discharge, or commitment. The 23
1084	1084	official to whom the driver's license or nondriver's license 24
1085	1085	containing the concealed carry endorsement is surrendered 25
1086	1086	shall issue a receipt to the licensee for the lice nse upon a 26
1087	1087	form, approved by the director of revenue, that serves as a 27
1088	1088	driver's license or a nondriver's license and clearly states 28
1089	1089	the concealed carry endorsement has been suspended. The 29
1090	1090	official shall then transmit the driver's license or a 30
1091	1091	nondriver's license containing the concealed carry 31
1092	1092	endorsement to the circuit court of the county issuing the 32
1093	1093	order, warrant, discharge, or commitment. The concealed 33
1094	1094	carry endorsement issued prior to August 28, 2013, shall be 34
1095	1095	suspended until the order is ter minated or until the arrest 35
1096	1096	results in a dismissal of all charges. The official to whom 36
1097	1097	the endorsement is surrendered shall administratively 37
1098	1098	suspend the endorsement in the concealed carry permit system 38
1099	1099	established under subsection 5 of section 650.35 0 until such 39
1100	1100	time as the order is terminated or until the charges are 40
1101	1101	dismissed. Upon dismissal, the court holding the driver's 41
1102	1102	license or nondriver's license containing the concealed 42
1103	1103	carry endorsement shall return such license to the 43
1104	1104	individual, and the official to whom the endorsement was 44
1105	1105	surrendered shall administratively return the endorsement to 45
1106	1106	good standing within the concealed carry permit system. 46
1107	1107	(2) Any conviction, discharge, or commitment specified 47
1108	1108	in sections 571.101 to 571.121 sh all result in a 48 SB 147 36
1109	1109	revocation. Upon conviction, the court shall forward a 49
1110	1110	notice of conviction or action and the driver's license or 50
1111	1111	nondriver's license with the concealed carry endorsement to 51
1112	1112	the department of revenue. The department of revenue shall 52
1113	1113	notify the sheriff of the county which issued the 53
1114	1114	certificate of qualification for a concealed carry 54
1115	1115	endorsement. The sheriff who issued the certificate of 55
1116	1116	qualification prior to August 28, 2013, shall report the 56
1117	1117	change in status of the endorsement to the concealed carry 57
1118	1118	permit system established under subsection 5 of section 58
1119	1119	650.350. The director of revenue shall immediately remove 59
1120	1120	the endorsement issued prior to August 28, 2013, from the 60
1121	1121	individual's driving record within three days of the recei pt 61
1122	1122	of the notice from the court. The director of revenue shall 62
1123	1123	notify the licensee that he or she must apply for a new 63
1124	1124	license pursuant to chapter 302 which does not contain such 64
1125	1125	endorsement. This requirement does not affect the driving 65
1126	1126	privileges of the licensee. The notice issued by the 66
1127	1127	department of revenue shall be mailed to the last known 67
1128	1128	address shown on the individual's driving record. The 68
1129	1129	notice is deemed received three days after mailing. 69
1130	1130	2. A concealed carry permit issued pursuan t to 70
1131	1131	sections 571.101 to 571.121 after August 28, 2013, shall be 71
1132	1132	suspended or revoked if the concealed carry permit holder 72
1133	1133	becomes ineligible for such permit or endorsement under the 73
1134	1134	criteria established in subdivisions (3), (4), (5), (8), and 74
1135	1135	(11) of subsection 2 of section 571.101 or upon the issuance 75
1136	1136	of a valid full order of protection. The following 76
1137	1137	procedures shall be followed: 77
1138	1138	(1) When a valid full order of protection or any 78
1139	1139	arrest warrant, discharge, or commitment for the reasons 79
1140	1140	listed in subdivision (3), (4), (5), (8), or (11) of 80 SB 147 37
1141	1141	subsection 2 of section 571.101 is issued against a person 81
1142	1142	holding a concealed carry permit, upon notification of said 82
1143	1143	order, warrant, discharge, or commitment or upon an order of 83
1144	1144	a court of competent ju risdiction in a criminal proceeding, 84
1145	1145	a commitment proceeding, or a full order of protection 85
1146	1146	proceeding ruling that a person holding a concealed carry 86
1147	1147	permit presents a risk of harm to themselves or others, then 87
1148	1148	upon notification of such order, the hold er of the concealed 88
1149	1149	carry permit shall surrender the permit to the court, 89
1150	1150	officer, or other official serving the order, warrant, 90
1151	1151	discharge, or commitment. The permit shall be suspended 91
1152	1152	until the order is terminated or until the arrest results in 92
1153	1153	a dismissal of all charges. The official to whom the permit 93
1154	1154	is surrendered shall administratively suspend the permit in 94
1155	1155	the concealed carry permit system until the order is 95
1156	1156	terminated or the charges are dismissed. Upon dismissal, 96
1157	1157	the court holding the pe rmit shall return such permit to the 97
1158	1158	individual and the official to whom the permit was 98
1159	1159	surrendered shall administratively return the permit to good 99
1160	1160	standing within the concealed carry permit system; 100
1161	1161	(2) Any conviction, discharge, or commitment sp ecified 101
1162	1162	in sections 571.101 to 571.121 shall result in a 102
1163	1163	revocation. Upon conviction, the court shall forward a 103
1164	1164	notice of conviction or action and the permit to the issuing 104
1165	1165	county sheriff. The sheriff who issued the concealed carry 105
1166	1166	permit shall report the change in status of the concealed 106
1167	1167	carry permit to the concealed carry permit system. 107
1168	1168	3. A concealed carry permit shall be renewed for a 108
1169	1169	qualified applicant upon receipt of the properly completed 109
1170	1170	renewal application and the required renewal fee by the 110
1171	1171	issuing county sheriff [of the county of the applicant's 111
1172	1172	residence]. The renewal application shall contain the same 112 SB 147 38
1173	1173	required information as set forth in subsection 3 of section 113
1174	1174	571.101, except that in lieu of the fingerprint requirement 114
1175	1175	of subsection 5 of section 571.101 and the firearms safety 115
1176	1176	training, the applicant need only display his or her current 116
1177	1177	concealed carry permit. A name-based inquiry of the 117
1178	1178	National Instant Criminal Background Check System shall be 118
1179	1179	completed for each ren ewal application. The sheriff shall 119
1180	1180	review the results of the report from the National Instant 120
1181	1181	Criminal Background Check System, and when the sheriff has 121
1182	1182	determined the applicant has successfully completed all 122
1183	1183	renewal requirements and is not disqualif ied under any 123
1184	1184	provision of section 571.101, the sheriff shall issue a new 124
1185	1185	concealed carry permit which contains the date such permit 125
1186	1186	was renewed. The process for renewing a concealed carry 126
1187	1187	endorsement issued prior to August 28, 2013, shall be the 127
1188	1188	same as the process for renewing a permit, except that in 128
1189	1189	lieu of the fingerprint requirement of subsection 5 of 129
1190	1190	section 571.101 and the firearms safety training, the 130
1191	1191	applicant need only display his or her current driver's 131
1192	1192	license or nondriver's license c ontaining an endorsement. 132
1193	1193	Upon successful completion of all renewal requirements, the 133
1194	1194	sheriff shall issue a new concealed carry permit as provided 134
1195	1195	under this subsection. 135
1196	1196	4. A person who has been issued a concealed carry 136
1197	1197	permit, or a certificate of qualification for a concealed 137
1198	1198	carry endorsement prior to August 28, 2013, who fails to 138
1199	1199	file a renewal application for a concealed carry permit on 139
1200	1200	or before its expiration date must pay an additional late 140
1201	1201	fee of ten dollars per month for each month i t is expired 141
1202	1202	for up to six months. After six months, the sheriff who 142
1203	1203	issued the expired concealed carry permit or certificate of 143
1204	1204	qualification shall notify the concealed carry permit system 144 SB 147 39
1205	1205	that such permit is expired and cancelled. If the person 145
1206	1206	has a concealed carry endorsement issued prior to August 28, 146
1207	1207	2013, the sheriff who issued the certificate of 147
1208	1208	qualification for the endorsement shall notify the director 148
1209	1209	of revenue that such certificate is expired regardless of 149
1210	1210	whether the endorsement hol der has applied for a concealed 150
1211	1211	carry permit under subsection 3 of this section. The 151
1212	1212	director of revenue shall immediately remove such 152
1213	1213	endorsement from the individual's driving record and notify 153
1214	1214	the individual that his or her driver's license or 154
1215	1215	nondriver's license has expired. The notice shall be 155
1216	1216	conducted in the same manner as described in subsection 1 of 156
1217	1217	this section. Any person who has been issued a concealed 157
1218	1218	carry permit pursuant to sections 571.101 to 571.121, or a 158
1219	1219	concealed carry endorsem ent issued prior to August 28, 2013, 159
1220	1220	who fails to renew his or her application within the six - 160
1221	1221	month period must reapply for a new concealed carry permit 161
1222	1222	and pay the fee for a new application. 162
1223	1223	5. [Any person issued a concealed carry permit 163
1224	1224	pursuant to sections 571.101 to 571.121, or a concealed 164
1225	1225	carry endorsement issued prior to August 28, 2013, shall 165
1226	1226	notify the sheriff of the new jurisdiction of the permit or 166
1227	1227	endorsement holder's change of residence within thirty days 167
1228	1228	after the changing of a pe rmanent residence to a location 168
1229	1229	outside the county of permit issuance. The permit or 169
1230	1230	endorsement holder shall furnish proof to the sheriff in the 170
1231	1231	new jurisdiction that the permit or endorsement holder has 171
1232	1232	changed his or her residence. The sheriff in the new 172
1233	1233	jurisdiction shall notify the sheriff in the old 173
1234	1234	jurisdiction of the permit holder's change of address and 174
1235	1235	the sheriff in the old jurisdiction shall transfer any 175
1236	1236	information on file for the permit holder to the sheriff in 176 SB 147 40
1237	1237	the new jurisdiction within thirty days. The sheriff of the 177
1238	1238	new jurisdiction may charge a processing fee of not more 178
1239	1239	than ten dollars for any costs associated with notification 179
1240	1240	of a change in residence. The sheriff shall report the 180
1241	1241	residence change to the concealed carry permit system, take 181
1242	1242	possession and destroy the old permit, and then issue a new 182
1243	1243	permit to the permit holder. The new address shall be 183
1244	1244	accessible by the concealed carry permit system within three 184
1245	1245	days of receipt of the information. If the person has a 185
1246	1246	concealed carry endorsement issued prior to August 28, 2013, 186
1247	1247	the endorsement holder shall also furnish proof to the 187
1248	1248	department of revenue of his or her residence change. In 188
1249	1249	such cases, the change of residence shall be made by the 189
1250	1250	department of revenue onto the individual's driving record. 190
1251	1251	6.] Any person issued a concealed carry permit 191
1252	1252	pursuant to sections 571.101 to 571.121, or a concealed 192
1253	1253	carry endorsement issued prior to August 28, 2013, shall 193
1254	1254	notify the issuing sheriff or his or her desi gnee [of the 194
1255	1255	permit or endorsement holder's county or city of residence ] 195
1256	1256	within seven days after actual knowledge of the loss or 196
1257	1257	destruction of his or her permit or driver's license or 197
1258	1258	nondriver's license containing a concealed carry 198
1259	1259	endorsement. The permit or endorsement holder shall furnish 199
1260	1260	a statement to the sheriff that the permit or driver's 200
1261	1261	license or nondriver's license containing the concealed 201
1262	1262	carry endorsement has been lost or destroyed. After 202
1263	1263	notification of the loss or destruction of a permit or 203
1264	1264	driver's license or nondriver's license containing a 204
1265	1265	concealed carry endorsement, the sheriff may charge a 205
1266	1266	processing fee of ten dollars for costs associated with 206
1267	1267	replacing a lost or destroyed permit or driver's license or 207
1268	1268	nondriver's license containing a concealed carry endorsement 208 SB 147 41
1269	1269	and shall reissue a new concealed carry permit within three 209
1270	1270	working days of being notified by the concealed carry permit 210
1271	1271	or endorsement holder of its loss or destruction. The new 211
1272	1272	concealed carry permit shall contain the same personal 212
1273	1273	information, including expiration date, as the original 213
1274	1274	concealed carry permit. 214
1275	1275	[7.] 6. If a person issued a concealed carry permit, 215
1276	1276	or endorsement issued prior to August 28, 2013, changes his 216
1277	1277	or her name, the person to whom the permit or endorsement 217
1278	1278	was issued shall obtain a corrected or new concealed carry 218
1279	1279	permit with a change of name from the sheriff who issued the 219
1280	1280	original concealed carry permit or the original certificate 220
1281	1281	of qualification for an endorsement upon the sheriff's 221
1282	1282	verification of the name change. The sheriff may charge a 222
1283	1283	processing fee of not more than ten dollars for any costs 223
1284	1284	associated with obtaining a corrected or new concealed carry 224
1285	1285	permit. The permit or endorsement holder shall furnish 225
1286	1286	proof of the name change to the sheriff within thirty days 226
1287	1287	of changing his or her name and display his or her concealed 227
1288	1288	carry permit or current driver's license or nondriver's 228
1289	1289	license containing a concealed carry endorsement. The 229
1290	1290	sheriff shall report th e name change to the concealed carry 230
1291	1291	permit system, and the new name shall be accessible by the 231
1292	1292	concealed carry permit system within three days of receipt 232
1293	1293	of the information. 233
1294	1294	[8.] 7. The person with a concealed carry permit, or 234
1295	1295	endorsement issued prior to August 28, 2013, shall notify 235
1296	1296	the sheriff of a name [or address change] within thirty days 236
1297	1297	of the change. A concealed carry permit and, if applicable, 237
1298	1298	endorsement shall be automatically invalid after one hundred 238
1299	1299	eighty days if the permit or endorsement holder has changed 239
1300	1300	his or her name [or changed his or her residence ] and not 240 SB 147 42
1301	1301	notified the sheriff as required in subsections [5 and 7] 6 241
1302	1302	of this section. The sheriff shall assess a late penalty of 242
1303	1303	ten dollars per month for each month, up t o six months and 243
1304	1304	not to exceed sixty dollars, for the failure to notify the 244
1305	1305	sheriff of the change of name [or address] within thirty 245
1306	1306	days. 246
1307	1307	[9.] 8. (1) As used in this subsection, the term 247
1308	1308	"active military member" means any person who is on activ e 248
1309	1309	duty in the United States Armed Forces, on active state 249
1310	1310	duty, on full-time National Guard duty under Title 32 of the 250
1311	1311	United States Code. 251
1312	1312	(2) Notwithstanding any provision of this section to 252
1313	1313	the contrary, if a concealed carry permit, or endorsem ent 253
1314	1314	issued prior to August 28, 2013, expires while the person 254
1315	1315	issued the permit or endorsement is an active military 255
1316	1316	member, the permit shall be renewed if the person completes 256
1317	1317	the renewal requirements under subsection 3 of this section 257
1318	1318	within two months of returning to Missouri after discharge 258
1319	1319	from such duty or recovery from such incapacitation. Once 259
1320	1320	the two-month period has expired, the provisions of 260
1321	1321	subsection 4 of this section shall apply except the 261
1322	1322	penalties shall begin to accrue upon the exp iration of the 262
1323	1323	two-month period described in this subsection rather than on 263
1324	1324	the expiration date of the permit or endorsement. 264
1325	1325	(3) Beginning August 28, 2020, an active military 265
1326	1326	member may complete the renewal of his or her endorsement or 266
1327	1327	permit under subdivision (2) of this subsection by mail. To 267
1328	1328	renew an endorsement or permit by mail, an active military 268
1329	1329	member shall mail to the sheriff who issued his or her 269
1330	1330	permit a renewal application, a copy of his or her current 270
1331	1331	concealed carry permit, a m ilitary identification acceptable 271
1332	1332	for in-person renewal of permits, and the renewal fee. The 272 SB 147 43
1333	1333	active military member may pick up the renewed permit in 273
1334	1334	person or may request the permit be mailed to a provided 274
1335	1335	address by certified mail. The sheriff may require the 275
1336	1336	active military member to pay the postage and insurance 276
1337	1337	costs associated with mailing the permit, but the costs 277
1338	1338	shall not exceed ten dollars. 278
1339	1339	571.107. 1. A concealed carry permit issued pursuant 1
1340	1340	to sections 571.101 to 5 71.121, a valid lifetime or extended 2
1341	1341	concealed carry permit issued under sections 571.205 to 3
1342	1342	571.230, a valid concealed carry endorsement issued prior to 4
1343	1343	August 28, 2013, or a concealed carry endorsement or permit 5
1344	1344	issued by another state or political s ubdivision of another 6
1345	1345	state shall authorize the person in whose name the permit or 7
1346	1346	endorsement is issued to carry concealed firearms on or 8
1347	1347	about his or her person or vehicle throughout the state. No 9
1348	1348	concealed carry permit issued pursuant to sections 5 71.101 10
1349	1349	to 571.121, valid lifetime or extended concealed carry 11
1350	1350	permit issued under sections 571.205 to 571.230, valid 12
1351	1351	concealed carry endorsement issued prior to August 28, 2013, 13
1352	1352	or a concealed carry endorsement or permit issued by another 14
1353	1353	state or political subdivision of another state shall 15
1354	1354	authorize any person to carry concealed firearms or knuckles 16
1355	1355	into: 17
1356	1356	(1) Any police, sheriff, or highway patrol office or 18
1357	1357	station without the consent of the chief law enforcement 19
1358	1358	officer in charge of that o ffice or station[. Possession of 20
1359	1359	a firearm in a vehicle on the premises of the office or 21
1360	1360	station shall not be a criminal offense so long as the 22
1361	1361	firearm is not removed from the vehicle or brandished while 23
1362	1362	the vehicle is on the premises; 24
1363	1363	(2) Within twenty-five feet of any polling place on 25
1364	1364	any election day. Possession of a firearm in a vehicle on 26 SB 147 44
1365	1365	the premises of the polling place shall not be a criminal 27
1366	1366	offense so long as the firearm is not removed from the 28
1367	1367	vehicle or brandished while the vehicl e is on the premises ]; 29
1368	1368	[(3)] (2) The facility of any adult or juvenile 30
1369	1369	detention or correctional institution, prison or jail [. 31
1370	1370	Possession of a firearm in a vehicle on the premises of any 32
1371	1371	adult, juvenile detention, or correctional institution, 33
1372	1372	prison or jail shall not be a criminal offense so long as 34
1373	1373	the firearm is not removed from the vehicle or brandished 35
1374	1374	while the vehicle is on the premises ]; 36
1375	1375	[(4)] (3) Any courthouse solely occupied by the 37
1376	1376	municipal, circuit, appellate, or supreme court[,] or any 38
1377	1377	courtrooms, administrative offices, libraries , or other 39
1378	1378	rooms of any such court [whether or not] regardless of 40
1379	1379	whether such court solely occupies the building in question 41
1380	1380	unless the person has the consent of the presiding judge . 42
1381	1381	This subdivision shall also include, but not be limited to, 43
1382	1382	any juvenile, family, drug, or other court offices, any room 44
1383	1383	or office wherein any of the courts or offices listed in 45
1384	1384	this subdivision are temporarily conducting any business 46
1385	1385	within the jurisdiction of such courts or offices [, and such 47
1386	1386	other locations in such manner as may be specified by 48
1387	1387	supreme court rule pursuant to subdivision (6) of this 49
1388	1388	subsection]. Nothing in this subdivision shall preclude 50
1389	1389	those persons listed in subdivision (1) of subsecti on 2 of 51
1390	1390	section 571.030 while within their jurisdiction and on 52
1391	1391	duty[,] or those persons listed in subdivisions (2), (4), 53
1392	1392	and (10) of subsection 2 of section 571.030 [, or such other 54
1393	1393	persons who serve in a law enforcement capacity for a court 55
1394	1394	as may be specified by supreme court rule pursuant to 56
1395	1395	subdivision (6) of this subsection ] from carrying a 57
1396	1396	concealed firearm within any of the areas described in this 58 SB 147 45
1397	1397	subdivision[. Possession of a firearm in a vehicle on the 59
1398	1398	premises of any of the areas listed i n this subdivision 60
1399	1399	shall not be a criminal offense so long as the firearm is 61
1400	1400	not removed from the vehicle or brandished while the vehicle 62
1401	1401	is on the premises; 63
1402	1402	(5) Any meeting of the governing body of a unit of 64
1403	1403	local government; or any meeting of t he general assembly or 65
1404	1404	a committee of the general assembly, except that nothing in 66
1405	1405	this subdivision shall preclude a member of the body holding 67
1406	1406	a valid concealed carry permit or endorsement from carrying 68
1407	1407	a concealed firearm at a meeting of the body whi ch he or she 69
1408	1408	is a member. Possession of a firearm in a vehicle on the 70
1409	1409	premises shall not be a criminal offense so long as the 71
1410	1410	firearm is not removed from the vehicle or brandished while 72
1411	1411	the vehicle is on the premises. Nothing in this subdivision 73
1412	1412	shall preclude a member of the general assembly, a full -time 74
1413	1413	employee of the general assembly employed under Section 17, 75
1414	1414	Article III, Constitution of Missouri, legislative employees 76
1415	1415	of the general assembly as determined under section 21.155, 77
1416	1416	or statewide elected officials and their employees, holding 78
1417	1417	a valid concealed carry permit or endorsement, from carrying 79
1418	1418	a concealed firearm in the state capitol building or at a 80
1419	1419	meeting whether of the full body of a house of the general 81
1420	1420	assembly or a committee the reof, that is held in the state 82
1421	1421	capitol building; 83
1422	1422	(6) The general assembly, supreme court, county or 84
1423	1423	municipality may by rule, administrative regulation, or 85
1424	1424	ordinance prohibit or limit the carrying of concealed 86
1425	1425	firearms by permit or endorsement h olders in that portion of 87
1426	1426	a building owned, leased or controlled by that unit of 88
1427	1427	government. Any portion of a building in which the carrying 89
1428	1428	of concealed firearms is prohibited or limited shall be 90 SB 147 46
1429	1429	clearly identified by signs posted at the entrance to the 91
1430	1430	restricted area. The statute, rule or ordinance shall 92
1431	1431	exempt any building used for public housing by private 93
1432	1432	persons, highways or rest areas, firing ranges, and private 94
1433	1433	dwellings owned, leased, or controlled by that unit of 95
1434	1434	government from any re striction on the carrying or 96
1435	1435	possession of a firearm. The statute, rule or ordinance 97
1436	1436	shall not specify any criminal penalty for its violation but 98
1437	1437	may specify that persons violating the statute, rule or 99
1438	1438	ordinance may be denied entrance to the building, ordered to 100
1439	1439	leave the building and if employees of the unit of 101
1440	1440	government, be subjected to disciplinary measures for 102
1441	1441	violation of the provisions of the statute, rule or 103
1442	1442	ordinance. The provisions of this subdivision shall not 104
1443	1443	apply to any other unit o f government; 105
1444	1444	(7) Any establishment licensed to dispense 106
1445	1445	intoxicating liquor for consumption on the premises, which 107
1446	1446	portion is primarily devoted to that purpose, without the 108
1447	1447	consent of the owner or manager. The provisions of this 109
1448	1448	subdivision shall not apply to the licensee of said 110
1449	1449	establishment. The provisions of this subdivision shall not 111
1450	1450	apply to any bona fide restaurant open to the general public 112
1451	1451	having dining facilities for not less than fifty persons and 113
1452	1452	that receives at least fifty -one percent of its gross annual 114
1453	1453	income from the dining facilities by the sale of food. This 115
1454	1454	subdivision does not prohibit the possession of a firearm in 116
1455	1455	a vehicle on the premises of the establishment and shall not 117
1456	1456	be a criminal offense so long as the fir earm is not removed 118
1457	1457	from the vehicle or brandished while the vehicle is on the 119
1458	1458	premises. Nothing in this subdivision authorizes any 120
1459	1459	individual who has been issued a concealed carry permit or 121
1460	1460	endorsement to possess any firearm while intoxicated ]; 122 SB 147 47
1461	1461	[(8)] (4) Any area of an airport to which access is 123
1462	1462	controlled by the inspection of persons and property [. 124
1463	1463	Possession of a firearm in a vehicle on the premises of the 125
1464	1464	airport shall not be a criminal offense so long as the 126
1465	1465	firearm is not removed from the vehicle or brandished while 127
1466	1466	the vehicle is on the premises ]; 128
1467	1467	[(9)] (5) Any place where the carrying of a firearm is 129
1468	1468	prohibited by federal law; 130
1469	1469	[(10)] (6) Any [higher education institution or ] 131
1470	1470	public elementary or secondary school facilit y without the 132
1471	1471	consent of [the governing body of the higher education 133
1472	1472	institution or] a school official or the district school 134
1473	1473	board, unless the person with the concealed carry 135
1474	1474	endorsement or permit is a teacher or administrator of an 136
1475	1475	elementary or secondary school who has been designated by 137
1476	1476	his or her school district as a school protection officer 138
1477	1477	and is carrying a firearm in a school within that district, 139
1478	1478	in which case no consent is required [. Possession of a 140
1479	1479	firearm in a vehicle on the premises of any higher education 141
1480	1480	institution or elementary or secondary school facility shall 142
1481	1481	not be a criminal offense so long as the firearm is not 143
1482	1482	removed from the vehicle or brandished while the vehicle is 144
1483	1483	on the premises; 145
1484	1484	(11) Any portion of a buildi ng used as a child care 146
1485	1485	facility without the consent of the manager. Nothing in 147
1486	1486	this subdivision shall prevent the operator of a child care 148
1487	1487	facility in a family home from owning or possessing a 149
1488	1488	firearm or a concealed carry permit or endorsement; 150
1489	1489	(12) Any riverboat gambling operation accessible by 151
1490	1490	the public without the consent of the owner or manager 152
1491	1491	pursuant to rules promulgated by the gaming commission. 153
1492	1492	Possession of a firearm in a vehicle on the premises of a 154 SB 147 48
1493	1493	riverboat gambling operation shall not be a criminal offense 155
1494	1494	so long as the firearm is not removed from the vehicle or 156
1495	1495	brandished while the vehicle is on the premises; 157
1496	1496	(13) Any gated area of an amusement park. Possession 158
1497	1497	of a firearm in a vehicle on the premises of the amuse ment 159
1498	1498	park shall not be a criminal offense so long as the firearm 160
1499	1499	is not removed from the vehicle or brandished while the 161
1500	1500	vehicle is on the premises; 162
1501	1501	(14) Any church or other place of religious worship 163
1502	1502	without the consent of the minister or person or persons 164
1503	1503	representing the religious organization that exercises 165
1504	1504	control over the place of religious worship. Possession of 166
1505	1505	a firearm in a vehicle on the premises shall not be a 167
1506	1506	criminal offense so long as the firearm is not removed from 168
1507	1507	the vehicle or brandished while the vehicle is on the 169
1508	1508	premises]; 170
1509	1509	[(15)] (7) Any private property whose owner has posted 171
1510	1510	the premises as being off -limits to concealed firearms by 172
1511	1511	means of one or more signs displayed in a conspicuous place 173
1512	1512	of a minimum size of eleven inches by fourteen inches with 174
1513	1513	the writing thereon in letters of not less than one inch. 175
1514	1514	The owner, business or commercial lessee, manager of a 176
1515	1515	private business enterprise, or any other organization, 177
1516	1516	entity, or person may prohibit persons ho lding a concealed 178
1517	1517	carry permit or endorsement from carrying concealed firearms 179
1518	1518	on the premises and may prohibit employees, not authorized 180
1519	1519	by the employer, holding a concealed carry permit or 181
1520	1520	endorsement from carrying concealed firearms on the property 182
1521	1521	of the employer. If the building or the premises are open 183
1522	1522	to the public, the employer of the business enterprise shall 184
1523	1523	post signs on or about the premises if carrying a concealed 185
1524	1524	firearm is prohibited. [Possession of a firearm in a 186 SB 147 49
1525	1525	vehicle on the premises shall not be a criminal offense so 187
1526	1526	long as the firearm is not removed from the vehicle or 188
1527	1527	brandished while the vehicle is on the premises. ] An 189
1528	1528	employer may prohibit employees or other persons holding a 190
1529	1529	concealed carry permit or endorsement from carrying a 191
1530	1530	concealed firearm in vehicles owned by the employer; or 192
1531	1531	[(16)] (8) Any sports arena or stadium with a seating 193
1532	1532	capacity of five thousand or more that is under the 194
1533	1533	management of or leased to a private entity, including a 195
1534	1534	professional sports team. [Possession of a firearm in a 196
1535	1535	vehicle on the premises shall not be a criminal offense so 197
1536	1536	long as the firearm is not removed from the vehicle or 198
1537	1537	brandished while the vehicle is on the premises; 199
1538	1538	(17) Any hospital accessible by the public . 200
1539	1539	Possession of a firearm in a vehicle on the premises of a 201
1540	1540	hospital shall not be a criminal offense so long as the 202
1541	1541	firearm is not removed from the vehicle or brandished while 203
1542	1542	the vehicle is on the premises. ] 204
1543	1543	2. Carrying of a concealed firearm or knuckles in a 205
1544	1544	location specified in subdivisions (1) to [(17)] (8) of 206
1545	1545	subsection 1 of this section by any individual who holds a 207
1546	1546	concealed carry permit issued pursuant to sections 571.101 208
1547	1547	to 571.121, a valid lifetime or extended concealed carry 209
1548	1548	permit issued under sections 571.205 to 571.230, or a 210
1549	1549	concealed carry endorsement issued prior to August 28, 2013, 211
1550	1550	shall not be a criminal act but may subject the person to 212
1551	1551	denial to the premises or removal from the premises. If 213
1552	1552	such person refuses to lea ve the premises and a peace 214
1553	1553	officer is summoned, such person may be issued a citation 215
1554	1554	for an amount not to exceed one hundred dollars for the 216
1555	1555	first offense. If a second citation for a similar violation 217
1556	1556	occurs within a six-month period, such person sha ll be fined 218 SB 147 50
1557	1557	an amount not to exceed two hundred dollars and his or her 219
1558	1558	concealed carry permit, [and] or, if applicable, his or her 220
1559	1559	endorsement to carry concealed firearms , shall be suspended 221
1560	1560	for a period of one year. If a third citation for a similar 222
1561	1561	violation is issued within one year of the first citation, 223
1562	1562	such person shall be fined an amount not to exceed five 224
1563	1563	hundred dollars and shall have his or her concealed carry 225
1564	1564	permit, [and] or, if applicable, his or her endorsement, 226
1565	1565	revoked and such pers on shall not be eligible for a 227
1566	1566	concealed carry permit for a period of three years. Upon 228
1567	1567	conviction of charges arising from a citation issued 229
1568	1568	pursuant to this subsection, the court shall notify the 230
1569	1569	sheriff of the county which issued the concealed carry 231
1570	1570	permit, or, if the person is a holder of a concealed carry 232
1571	1571	endorsement issued prior to August 28, 2013, the court shall 233
1572	1572	notify the sheriff of the county which issued the 234
1573	1573	certificate of qualification for a concealed carry 235
1574	1574	endorsement and the departmen t of revenue. The sheriff 236
1575	1575	shall suspend or revoke the concealed carry permit or, if 237
1576	1576	applicable, the certificate of qualification for a concealed 238
1577	1577	carry endorsement. If the person holds an endorsement, the 239
1578	1578	department of revenue shall issue a notice of such 240
1579	1579	suspension or revocation of the concealed carry endorsement 241
1580	1580	and take action to remove the concealed carry endorsement 242
1581	1581	from the individual's driving record. The director of 243
1582	1582	revenue shall notify the licensee that he or she must apply 244
1583	1583	for a new license pursuant to chapter 302 which does not 245
1584	1584	contain such endorsement. The notice issued by the 246
1585	1585	department of revenue shall be mailed to the last known 247
1586	1586	address shown on the individual's driving record. The 248
1587	1587	notice is deemed received three days after ma iling. 249 SB 147 51
1588	1588	3. Notwithstanding any provision of subsection 1 of 250
1589	1589	this section or any other law to the contrary, the 251
1590	1590	provisions of this section shall not prohibit a person from 252
1591	1591	carrying a concealed firearm in a vehicle on any premises 253
1592	1592	listed under subdivisions (1) to (8) of subsection 1 of this 254
1593	1593	section, except if prohibited by federal law, so long as the 255
1594	1594	firearm is not removed from the vehicle or brandished while 256
1595	1595	the vehicle is in or on the listed premises. 257
1596	1596	571.108. Notwithstanding any other provision of law to 1
1597	1597	the contrary, neither the state nor any county, city, town, 2
1598	1598	village, municipality, or other political subdivision of 3
1599	1599	this state shall impose any rule, policy, ordinance, 4
1600	1600	contractual requirement, or agreement of any type t hat 5
1601	1601	prohibits any employee of such entity who holds a concealed 6
1602	1602	carry permit issued under sections 571.101 to 571.121, a 7
1603	1603	valid lifetime or extended concealed carry permit issued 8
1604	1604	under sections 571.205 to 571.230, a valid concealed carry 9
1605	1605	endorsement issued prior to August 28, 2013, or a concealed 10
1606	1606	carry endorsement or permit issued by another state or 11
1607	1607	political subdivision of another state from carrying a 12
1608	1608	concealed weapon in any area in which such person is 13
1609	1609	authorized to carry a concealed weapon unde r this chapter. 14
1610	1610	571.109. 1. Notwithstanding any provision of law to 1
1611	1611	the contrary, a public institution of higher education shall 2
1612	1612	be allowed to construct policies regarding concealed carry 3
1613	1613	permits or endorsements issued under section s 571.101 to 4
1614	1614	571.121, valid lifetime or extended concealed carry permits 5
1615	1615	issued under sections 571.205 to 571.230, valid concealed 6
1616	1616	carry endorsements issued prior to August 28, 2013, or 7
1617	1617	concealed carry endorsements or permits issued by another 8
1618	1618	state or political subdivision of another state, but such 9
1619	1619	policies shall not generally prohibit or have the effect of 10 SB 147 52
1620	1620	generally prohibiting the carrying, chambering, or active 11
1621	1621	operation or storage of a concealed firearm on the campus of 12
1622	1622	such institution. 13
1623	1623	2. No institution of higher education shall impose any 14
1624	1624	contractual requirement or condition of employment upon any 15
1625	1625	employee, faculty member, or student that generally 16
1626	1626	prohibits or has the effect of generally prohibiting the 17
1627	1627	lawful possession or carry of firearms by such persons, nor 18
1628	1628	shall such institution impose any taxes, fees, or other 19
1629	1629	monetary charges as a condition for the lawful possession or 20
1630	1630	carry of firearms under the provisions of this chapter. 21
1631	1631	571.205. 1. Upon request and payment of the required 1
1632	1632	fee, the sheriff shall issue a concealed carry permit that 2
1633	1633	is valid through the state of Missouri for the lifetime of 3
1634	1634	the permit holder to a Missouri resident who meets the 4
1635	1635	requirements of sections 571.205 to 571.230, known as a 5
1636	1636	Missouri lifetime concealed carry permit. A person may also 6
1637	1637	request, and the sheriff shall issue upon payment of the 7
1638	1638	required fee, a concealed carry permit that is valid through 8
1639	1639	the state of Missouri for a period of either ten years or 9
1640	1640	twenty-five years from the date of issuance or renewal to a 10
1641	1641	Missouri resident who meets the requirements of sections 11
1642	1642	571.205 to 571.230, unless the permit expires during a 12
1643	1643	declared state of emergency as provided in chapter 44, then 13
1644	1644	the lifetime or extended conc ealed carry permit shall be 14
1645	1645	valid until the order has been rescinded . Such permit shall 15
1646	1646	be known as a Missouri extended concealed carry permit. A 16
1647	1647	person issued a Missouri lifetime or extended concealed 17
1648	1648	carry permit shall be required to comply with th e provisions 18
1649	1649	of sections 571.205 to 571.230. If the applicant can show 19
1650	1650	qualification as provided by sections 571.205 to 571.230, 20
1651	1651	the sheriff shall issue a Missouri lifetime or extended 21 SB 147 53
1652	1652	concealed carry permit authorizing the carrying of a 22
1653	1653	concealed firearm on or about the applicant's person or 23
1654	1654	within a vehicle. 24
1655	1655	2. A Missouri lifetime or extended concealed carry 25
1656	1656	permit shall be suspended if the permit holder becomes a 26
1657	1657	resident of another state. The permit may be reactivated 27
1658	1658	upon reestablishment of Missouri residency if the applicant 28
1659	1659	meets the requirements of sections 571.205 to 571.230, and 29
1660	1660	upon successful completion of a name -based inquiry of the 30
1661	1661	National Instant Background Check System. 31
1662	1662	3. A Missouri lifetime or extended concealed c arry 32
1663	1663	permit shall be issued by [the] any sheriff or his or her 33
1664	1664	designee [of the county or city in which the applicant 34
1665	1665	resides,] if the applicant: 35
1666	1666	(1) Is at least nineteen years of age, is a citizen or 36
1667	1667	permanent resident of the United States and h as assumed 37
1668	1668	residency in this state, or is at least eighteen years of 38
1669	1669	age and a member of the United States Armed Forces or 39
1670	1670	honorably discharged from the United States Armed Forces, 40
1671	1671	and is a citizen of the United States and has assumed 41
1672	1672	residency in this state; 42
1673	1673	(2) Has not pled guilty to or entered a plea of nolo 43
1674	1674	contendere or been convicted of a crime punishable by 44
1675	1675	imprisonment for a term exceeding one year under the laws of 45
1676	1676	any state or of the United States, other than a crime 46
1677	1677	classified as a misdemeanor under the laws of any state and 47
1678	1678	punishable by a term of imprisonment of two years or less 48
1679	1679	that does not involve an explosive weapon, firearm, firearm 49
1680	1680	silencer, or gas gun; 50
1681	1681	(3) Has not been convicted of, pled guilty to or 51
1682	1682	entered a plea of nolo contendere to one or more misdemeanor 52
1683	1683	offenses involving crimes of violence within a five -year 53 SB 147 54
1684	1684	period immediately preceding application for a Missouri 54
1685	1685	lifetime or extended concealed carry permit or if the 55
1686	1686	applicant has not been convicted of two or more misdemeanor 56
1687	1687	offenses involving driving while under the influence of 57
1688	1688	intoxicating liquor or drugs or the possession or abuse of a 58
1689	1689	controlled substance within a five -year period immediately 59
1690	1690	preceding application for a Missouri lifetime or ext ended 60
1691	1691	concealed carry permit; 61
1692	1692	(4) Is not a fugitive from justice or currently 62
1693	1693	charged in an information or indictment with the commission 63
1694	1694	of a crime punishable by imprisonment for a term exceeding 64
1695	1695	one year under the laws of any state of the Unite d States, 65
1696	1696	other than a crime classified as a misdemeanor under the 66
1697	1697	laws of any state and punishable by a term of imprisonment 67
1698	1698	of two years or less that does not involve an explosive 68
1699	1699	weapon, firearm, firearm silencer, or gas gun; 69
1700	1700	(5) Has not been discharged under dishonorable 70
1701	1701	conditions from the United States Armed Forces; 71
1702	1702	(6) Has not engaged in a pattern of behavior, 72
1703	1703	documented in public or closed records, that causes the 73
1704	1704	sheriff to have a reasonable belief that the applicant 74
1705	1705	presents a danger to himself or herself or others; 75
1706	1706	(7) Is not adjudged mentally incompetent at the time 76
1707	1707	of application or for five years prior to application, or 77
1708	1708	has not been committed to a mental health facility, as 78
1709	1709	defined in section 632.005, or a similar institution located 79
1710	1710	in another state following a hearing at which the defendant 80
1711	1711	was represented by counsel or a representative; 81
1712	1712	(8) Submits a completed application for a permit as 82
1713	1713	described in subsection 4 of this section; 83 SB 147 55
1714	1714	(9) Submits an affidavit attesting that the applicant 84
1715	1715	complies with the concealed carry safety training 85
1716	1716	requirement under subsections 1 and 2 of section 571.111; 86
1717	1717	(10) Is not the respondent of a valid full order of 87
1718	1718	protection which is still in effect; 88
1719	1719	(11) Is not otherwise prohibited from possessing a 89
1720	1720	firearm under section 571.070 or 18 U.S.C. Section 922(g). 90
1721	1721	4. The application for a Missouri lifetime or extended 91
1722	1722	concealed carry permit issued by the sheriff [of the county 92
1723	1723	of the applicant's residence ] shall contain only the 93
1724	1724	following information: 94
1725	1725	(1) The applicant's name, address, telephone number, 95
1726	1726	gender, date and place of birth, and, if the applicant is 96
1727	1727	not a United States citizen, the applicant's country of 97
1728	1728	citizenship and any alien or admi ssion number issued by the 98
1729	1729	United States Immigration and Customs Enforcement or any 99
1730	1730	successor agency; 100
1731	1731	(2) An affirmation that the applicant has assumed 101
1732	1732	residency in Missouri and is a citizen or permanent resident 102
1733	1733	of the United States; 103
1734	1734	(3) An affirmation that the applicant is at least 104
1735	1735	nineteen years of age or is eighteen years of age or older 105
1736	1736	and a member of the United States Armed Forces or honorably 106
1737	1737	discharged from the United States Armed Forces; 107
1738	1738	(4) An affirmation that the applica nt has not pled 108
1739	1739	guilty to or been convicted of a crime punishable by 109
1740	1740	imprisonment for a term exceeding one year under the laws of 110
1741	1741	any state or of the United States other than a crime 111
1742	1742	classified as a misdemeanor under the laws of any state and 112
1743	1743	punishable by a term of imprisonment of two years or less 113
1744	1744	that does not involve an explosive weapon, firearm, firearm 114
1745	1745	silencer, or gas gun; 115 SB 147 56
1746	1746	(5) An affirmation that the applicant has not been 116
1747	1747	convicted of, pled guilty to, or entered a plea of nolo 117
1748	1748	contendere to one or more misdemeanor offenses involving 118
1749	1749	crimes of violence within a five -year period immediately 119
1750	1750	preceding application for a permit or that the applicant has 120
1751	1751	not been convicted of two or more misdemeanor offenses 121
1752	1752	involving driving while under the influence of intoxicating 122
1753	1753	liquor or drugs or the possession or abuse of a controlled 123
1754	1754	substance within a five -year period immediately preceding 124
1755	1755	application for a permit; 125
1756	1756	(6) An affirmation that the applicant is not a 126
1757	1757	fugitive from justice or currently charged in an information 127
1758	1758	or indictment with the commission of a crime punishable by 128
1759	1759	imprisonment for a term exceeding one year under the laws of 129
1760	1760	any state or of the United States other than a crime 130
1761	1761	classified as a misdemeanor under the laws of any state and 131
1762	1762	punishable by a term of imprisonment of two years or less 132
1763	1763	that does not involve an explosive weapon, firearm, firearm 133
1764	1764	silencer, or gas gun; 134
1765	1765	(7) An affirmation that the applicant has not been 135
1766	1766	discharged under dishonorable conditio ns from the United 136
1767	1767	States Armed Forces; 137
1768	1768	(8) An affirmation that the applicant is not adjudged 138
1769	1769	mentally incompetent at the time of application or for five 139
1770	1770	years prior to application, or has not been committed to a 140
1771	1771	mental health facility, as define d in section 632.005, or a 141
1772	1772	similar institution located in another state, except that a 142
1773	1773	person whose release or discharge from a facility in this 143
1774	1774	state under chapter 632, or a similar discharge from a 144
1775	1775	facility in another state, occurred more than five y ears ago 145
1776	1776	without subsequent recommitment may apply; 146 SB 147 57
1777	1777	(9) An affirmation that the applicant has received 147
1778	1778	firearms safety training that meets the standards of 148
1779	1779	applicant firearms safety training defined in subsection 1 149
1780	1780	or 2 of section 571.111; 150
1781	1781	(10) An affirmation that the applicant, to the 151
1782	1782	applicant's best knowledge and belief, is not the respondent 152
1783	1783	of a valid full order of protection which is still in effect; 153
1784	1784	(11) A conspicuous warning that false statements made 154
1785	1785	by the applicant will r esult in prosecution for perjury 155
1786	1786	under the laws of the state of Missouri; and 156
1787	1787	(12) A government-issued photo identification. This 157
1788	1788	photograph shall not be included on the permit and shall 158
1789	1789	only be used to verify the person's identity for the 159
1790	1790	issuance of a new permit, issuance of a new permit due to 160
1791	1791	change of name or address, renewal of an extended permit, or 161
1792	1792	for a lost or destroyed permit, or reactivation under 162
1793	1793	subsection 2 of this section. 163
1794	1794	5. An application for a Missouri lifetime or exte nded 164
1795	1795	concealed carry permit shall be made to the sheriff [of the 165
1796	1796	county in which the applicant resides ] in this state. An 166
1797	1797	application shall be filed in writing, signed under oath and 167
1798	1798	under the penalties of perjury, and shall state whether the 168
1799	1799	applicant complies with each of the requirements specified 169
1800	1800	in subsection 3 of this section. In addition to the 170
1801	1801	completed application, the applicant for a Missouri lifetime 171
1802	1802	or extended concealed carry permit shall also submit the 172
1803	1803	following: 173
1804	1804	(1) A photocopy of a firearms safety training 174
1805	1805	certificate of completion or other evidence of completion of 175
1806	1806	a firearms safety training course that meets the standards 176
1807	1807	established in subsection 1 or 2 of section 571.111; and 177 SB 147 58
1808	1808	(2) A nonrefundable permit fee as pr ovided by 178
1809	1809	subsection 12 of this section. 179
1810	1810	6. (1) Before an application for a Missouri lifetime 180
1811	1811	or extended concealed carry permit is approved, the sheriff 181
1812	1812	shall make only such inquiries as he or she deems necessary 182
1813	1813	into the accuracy of the statem ents made in the 183
1814	1814	application. The sheriff may require that the applicant 184
1815	1815	display a Missouri driver's license or nondriver's license 185
1816	1816	or military identification. No biometric data shall be 186
1817	1817	collected from the applicant. The sheriff shall conduct an 187
1818	1818	inquiry of the National Instant Criminal Background Check 188
1819	1819	System within three working days after submission of the 189
1820	1820	properly completed application for a Missouri lifetime or 190
1821	1821	extended concealed carry permit. Upon receipt of the 191
1822	1822	completed report from the N ational Instant Criminal 192
1823	1823	Background Check System, the sheriff shall examine the 193
1824	1824	results and, if no disqualifying information is identified, 194
1825	1825	shall issue a Missouri lifetime or extended concealed carry 195
1826	1826	permit within three working days. 196
1827	1827	(2) In the event the report from the National Instant 197
1828	1828	Criminal Background Check System and the response from the 198
1829	1829	Federal Bureau of Investigation national criminal history 199
1830	1830	record check prescribed by subdivision (1) of this 200
1831	1831	subsection are not completed within forty -five calendar days 201
1832	1832	and no disqualifying information concerning the applicant 202
1833	1833	has otherwise come to the sheriff's attention, the sheriff 203
1834	1834	shall issue a provisional permit, clearly designated on the 204
1835	1835	certificate as such, which the applicant shall sign in t he 205
1836	1836	presence of the sheriff or the sheriff's designee. This 206
1837	1837	permit, when carried with a valid Missouri driver's or 207
1838	1838	nondriver's license, shall permit the applicant to exercise 208
1839	1839	the same rights in accordance with the same conditions as 209 SB 147 59
1840	1840	pertain to a Missouri lifetime or extended concealed carry 210
1841	1841	permit issued under this section, provided that it shall not 211
1842	1842	serve as an alternative to a national instant criminal 212
1843	1843	background check required by 18 U.S.C. Section 922(t). The 213
1844	1844	provisional permit shall remain val id until such time as the 214
1845	1845	sheriff either issues or denies the permit under subsection 215
1846	1846	7 or 8 of this section. The sheriff shall revoke a 216
1847	1847	provisional permit issued under this subsection within 217
1848	1848	twenty-four hours of receipt of any report that identifies a 218
1849	1849	disqualifying record, and shall notify the concealed carry 219
1850	1850	permit system established under subsection 5 of section 220
1851	1851	650.350. The revocation of a provisional permit issued 221
1852	1852	under this section shall be prescribed in a manner 222
1853	1853	consistent to the denial an d review of an application under 223
1854	1854	subsection 7 of this section. 224
1855	1855	7. The sheriff may refuse to approve an application 225
1856	1856	for a Missouri lifetime or extended concealed carry permit 226
1857	1857	if he or she determines that any of the requirements 227
1858	1858	specified in subsection 3 of this section have not been met, 228
1859	1859	or if he or she has a substantial and demonstrable reason to 229
1860	1860	believe that the applicant has rendered a false statement 230
1861	1861	regarding any of the provisions of sections 571.205 to 231
1862	1862	571.230. If the applicant is found to be ineligible, the 232
1863	1863	sheriff is required to deny the application, and notify the 233
1864	1864	applicant in writing, stating the grounds for denial and 234
1865	1865	informing the applicant of the right to submit, within 235
1866	1866	thirty days, any additional documentation relating to the 236
1867	1867	grounds of the denial. Upon receiving any additional 237
1868	1868	documentation, the sheriff shall reconsider his or her 238
1869	1869	decision and inform the applicant within thirty days of the 239
1870	1870	result of the reconsideration. The applicant shall further 240
1871	1871	be informed in writing of the right to appeal the denial 241 SB 147 60
1872	1872	under section 571.220. After two additional reviews and 242
1873	1873	denials by the sheriff, the person submitting the 243
1874	1874	application shall appeal the denial under section 571.220. 244
1875	1875	8. If the application is approved, the sheriff shall 245
1876	1876	issue a Missouri lifetime or extended concealed carry permit 246
1877	1877	to the applicant within a period not to exceed three working 247
1878	1878	days after his or her approval of the application. The 248
1879	1879	applicant shall sign the Missouri lifetime or extended 249
1880	1880	concealed carry permit in the presence of the sheriff or his 250
1881	1881	or her designee. 251
1882	1882	9. The Missouri lifetime or extended concealed carry 252
1883	1883	permit shall specify only the following information: 253
1884	1884	(1) Name, address, date of birth, gender, height, 254
1885	1885	weight, color of hair, color of eyes, and signature of the 255
1886	1886	permit holder; 256
1887	1887	(2) The signature of the sheriff issuing the permit; 257
1888	1888	(3) The date of issuance; 258
1889	1889	(4) A clear statement indicating that the permit is 259
1890	1890	only valid within the state of Missouri; and 260
1891	1891	(5) If the permit is a Missouri extended concealed 261
1892	1892	carry permit, the expiration date. 262
1893	1893	The permit shall be no larger than two and one -eighth inches 263
1894	1894	wide by three and three -eighths inches long and shall be of 264
1895	1895	a uniform style prescribed by the department of public 265
1896	1896	safety. The permit shall also be assigned a concealed carry 266
1897	1897	permit system county code and shall be stored in sequential 267
1898	1898	number. 268
1899	1899	10. (1) The sheriff shall keep a record of all 269
1900	1900	applications for a Missouri lifetime or extended concealed 270
1901	1901	carry permit or a provisional permit and his or her action 271
1902	1902	thereon. Any record of an application that is incomplete or 272 SB 147 61
1903	1903	denied for any reason shall be kept for a period not to 273
1904	1904	exceed one year. 274
1905	1905	(2) The sheriff shall report the issuance of a 275
1906	1906	Missouri lifetime or extended concealed carry permit or 276
1907	1907	provisional permit to the concealed carry permit system. 277
1908	1908	All information on any such permit that is protected 278
1909	1909	information on any driver's or nondriver's license shall 279
1910	1910	have the same personal protectio n for purposes of sections 280
1911	1911	571.205 to 571.230. An applicant's status as a holder of a 281
1912	1912	Missouri lifetime or extended concealed carry permit or 282
1913	1913	provisional permit shall not be public information and shall 283
1914	1914	be considered personal protected information. Information 284
1915	1915	retained in the concealed carry permit system under this 285
1916	1916	subsection shall not be distributed to any federal, state, 286
1917	1917	or private entities and shall only be made available for a 287
1918	1918	single entry query of an individual in the event the 288
1919	1919	individual is a subject of interest in an active criminal 289
1920	1920	investigation or is arrested for a crime. A sheriff may 290
1921	1921	access the concealed carry permit system for administrative 291
1922	1922	purposes to issue a permit, verify the accuracy of permit 292
1923	1923	holder information, change the name or address of a permit 293
1924	1924	holder, suspend or revoke a permit, cancel an expired 294
1925	1925	permit, or cancel a permit upon receipt of a certified death 295
1926	1926	certificate for the permit holder. Any person who violates 296
1927	1927	the provisions of this subdivision by disclosing protected 297
1928	1928	information shall be guilty of a class A misdemeanor. 298
1929	1929	11. Information regarding any holder of a Missouri 299
1930	1930	lifetime or extended concealed carry permit is a closed 300
1931	1931	record. No bulk download or batch data shall be distributed 301
1932	1932	to any federal, state, or private entity, except to MoSMART 302
1933	1933	or a designee thereof. 303 SB 147 62
1934	1934	12. For processing an application, the sheriff in each 304
1935	1935	county shall charge a nonrefundable fee not to exceed: 305
1936	1936	(1) Two hundred dollars for a new Missouri extended 306
1937	1937	concealed carry permit that is valid for ten years from the 307
1938	1938	date of issuance or renewal; 308
1939	1939	(2) Two hundred fifty dollars for a new Missouri 309
1940	1940	extended concealed carry permit that is valid for twenty - 310
1941	1941	five years from the date of issuance or renewal; 311
1942	1942	(3) Fifty dollars for a renewal of a Missouri extended 312
1943	1943	concealed carry permit; 313
1944	1944	(4) Five hundred dollars for a Missouri lifetime 314
1945	1945	concealed carry permit, 315
1946	1946	which shall be paid to the treasury of the county to the 316
1947	1947	credit of the sheriff's revolving fund. 317
1948	1948	571.210. 1. A Missouri lifetime or extended concealed 1
1949	1949	carry permit issued under sections 571.205 to 571.230 shall 2
1950	1950	be suspended or revoked if the Missouri lifetime or extended 3
1951	1951	concealed carry permit holder becomes ineligible for suc h 4
1952	1952	permit under the criteria established in subdivision (2), 5
1953	1953	(3), (4), (5), (7), or (10) of subsection 3 of section 6
1954	1954	571.205. The following procedures shall be followed: 7
1955	1955	(1) When a valid full order of protection or any 8
1956	1956	arrest warrant, discharge, o r commitment for the reasons 9
1957	1957	listed in subdivision (2), (3), (4), (5), (7), or (10) of 10
1958	1958	subsection 3 of section 571.205 is issued against a person 11
1959	1959	holding a Missouri lifetime or extended concealed carry 12
1960	1960	permit, upon notification of said order, warrant, discharge, 13
1961	1961	or commitment or upon an order of a court of competent 14
1962	1962	jurisdiction in a criminal proceeding, a commitment 15
1963	1963	proceeding, or a full order of protection proceeding ruling 16
1964	1964	that a person holding a Missouri lifetime or extended 17 SB 147 63
1965	1965	concealed carry permit presents a risk of harm to themselves 18
1966	1966	or others, then upon notification of such order, the holder 19
1967	1967	of the Missouri lifetime or extended concealed carry permit 20
1968	1968	shall surrender the permit to the court, officer, or other 21
1969	1969	official serving the order, war rant, discharge, or 22
1970	1970	commitment. The permit shall be suspended until the order 23
1971	1971	is terminated or until the arrest results in a dismissal of 24
1972	1972	all charges. The official to whom the permit is surrendered 25
1973	1973	shall administratively suspend the permit in the con cealed 26
1974	1974	carry permit system until the order is terminated or the 27
1975	1975	charges are dismissed. Upon dismissal, the court holding 28
1976	1976	the permit shall return such permit to the individual and 29
1977	1977	the official to whom the permit was surrendered shall 30
1978	1978	administratively return the permit to good standing within 31
1979	1979	the concealed carry permit system; 32
1980	1980	(2) Any conviction, discharge, or commitment specified 33
1981	1981	in sections 571.205 to 571.230 shall result in a 34
1982	1982	revocation. Upon conviction, the court shall forward a 35
1983	1983	notice of conviction or action and the permit to the issuing 36
1984	1984	county sheriff. The sheriff who issued the Missouri 37
1985	1985	lifetime or extended concealed carry permit shall report the 38
1986	1986	change in status of the concealed carry permit to the 39
1987	1987	concealed carry permit system. 40
1988	1988	2. A Missouri lifetime or extended concealed carry 41
1989	1989	permit shall be reactivated for a qualified applicant upon 42
1990	1990	receipt of the properly completed application by the issuing 43
1991	1991	sheriff [of the county of the applicant's residence ] and in 44
1992	1992	accordance with subsection 2 of section 571.205. A name- 45
1993	1993	based inquiry of the National Instant Criminal Background 46
1994	1994	Check System shall be completed for each reactivation 47
1995	1995	application. The sheriff shall review the results of the 48
1996	1996	report from the National Instant Criminal Background Check 49 SB 147 64
1997	1997	System, and when the sheriff has determined the applicant 50
1998	1998	has successfully completed all reactivation requirements and 51
1999	1999	is not disqualified under any provision of section 571.205, 52
2000	2000	the sheriff shall issue a new Missouri lifetime or exte nded 53
2001	2001	concealed carry permit, which contains the date such permit 54
2002	2002	was reactivated. 55
2003	2003	3. Any person issued a Missouri lifetime or extended 56
2004	2004	concealed carry permit shall notify the sheriff or his or 57
2005	2005	her designee where the permit was issued within seven days 58
2006	2006	after actual knowledge of the loss or destruction of his or 59
2007	2007	her permit. The permit holder shall furnish a statement to 60
2008	2008	the sheriff that the permit has been lost or destroyed. 61
2009	2009	After notification of the loss or destruction of a permit, 62
2010	2010	the sheriff may charge a processing fee of ten dollars for 63
2011	2011	costs associated with replacing a lost or destroyed permit 64
2012	2012	and shall reissue a new Missouri lifetime or extended 65
2013	2013	concealed carry permit within three working days of being 66
2014	2014	notified by the permit holder o f its loss or destruction. 67
2015	2015	The new Missouri lifetime or extended concealed carry permit 68
2016	2016	shall contain the same personal information as the original 69
2017	2017	concealed carry permit. 70
2018	2018	4. If a person issued a Missouri lifetime or extended 71
2019	2019	concealed carry permit changes his or her name, the person 72
2020	2020	to whom the permit was issued shall obtain a corrected or 73
2021	2021	new Missouri lifetime or extended concealed carry permit 74
2022	2022	with a change of name from the sheriff who issued the 75
2023	2023	Missouri lifetime or extended concealed car ry permit or upon 76
2024	2024	the sheriff's verification of the name change. The sheriff 77
2025	2025	may charge a processing fee of not more than ten dollars for 78
2026	2026	any costs associated with obtaining a corrected or new 79
2027	2027	Missouri lifetime or extended concealed carry permit. The 80
2028	2028	permit holder shall furnish proof of the name change to the 81 SB 147 65
2029	2029	sheriff within thirty days of changing his or her name and 82
2030	2030	display his or her Missouri lifetime or extended concealed 83
2031	2031	carry permit. The sheriff shall report the name change to 84
2032	2032	the concealed carry permit system, and the new name shall be 85
2033	2033	accessible by the concealed carry permit system within three 86
2034	2034	days of receipt of the information. 87
2035	2035	5. [Any person issued a Missouri lifetime or extended 88
2036	2036	concealed carry permit shall notify the sheriff of the new 89
2037	2037	jurisdiction of the permit holder's change of residence 90
2038	2038	within thirty days after the changing of a permanent 91
2039	2039	residence to a location outside the county of permit 92
2040	2040	issuance. The permit holder shall furnish proof to the 93
2041	2041	sheriff in the new jur isdiction that the permit holder has 94
2042	2042	changed his or her residence. The sheriff shall report the 95
2043	2043	residence change to the concealed carry permit system, take 96
2044	2044	possession and destroy the old permit, and then issue a new 97
2045	2045	permit to the permit holder. The new address shall be 98
2046	2046	accessible by the concealed carry permit system within three 99
2047	2047	days of receipt of the information. 100
2048	2048	6.] A Missouri extended concealed carry permit shall 101
2049	2049	be renewed for a qualified applicant upon receipt of the 102
2050	2050	properly completed renewal application and payment of the 103
2051	2051	required fee. The renewal application shall contain the 104
2052	2052	same required information as set forth in subsection 3 of 105
2053	2053	section 571.205, except that in lieu of the firearms safety 106
2054	2054	training, the applicant need only disp lay his or her current 107
2055	2055	Missouri extended concealed carry permit. A name-based 108
2056	2056	inquiry of the National Instant Criminal Background Check 109
2057	2057	System shall be completed for each renewal application. The 110
2058	2058	sheriff shall review the results of the report from th e 111
2059	2059	National Instant Criminal Background Check System, and when 112
2060	2060	the sheriff has determined the applicant has successfully 113 SB 147 66
2061	2061	completed all renewal requirements and is not disqualified 114
2062	2062	under any provision of section 571.205, the sheriff shall 115
2063	2063	issue a new Missouri extended concealed carry permit which 116
2064	2064	contains the date such permit was renewed. Upon successful 117
2065	2065	completion of all renewal requirements, the sheriff shall 118
2066	2066	issue a new Missouri extended concealed carry permit as 119
2067	2067	provided under this subsection. 120
2068	2068	[7.] 6. A person who has been issued a Missouri 121
2069	2069	extended concealed carry permit who fails to file a renewal 122
2070	2070	application for a Missouri extended concealed carry permit 123
2071	2071	on or before its expiration date shall pay an additional 124
2072	2072	late fee of ten dollars per month for each month it is 125
2073	2073	expired for up to six months. After six months, the sheriff 126
2074	2074	who issued the expired Missouri extended concealed carry 127
2075	2075	permit shall notify the concealed carry permit system that 128
2076	2076	such permit is expired and cancelled. Any person who has 129
2077	2077	been issued a Missouri extended concealed carry permit under 130
2078	2078	sections 571.101 to 571.121 who fails to renew his or her 131
2079	2079	application within the six -month period shall reapply for a 132
2080	2080	concealed carry permit and pay the fee for a new applicati on. 133
2081	2081	[8.] 7. The sheriff of the county that issued the 134
2082	2082	Missouri lifetime or extended concealed carry permit shall 135
2083	2083	conduct a name-based inquiry of the National Instant 136
2084	2084	Criminal Background Check System once every five years from 137
2085	2085	the date of issuance or renewal of the permit. The sheriff 138
2086	2086	shall review the results of the report from the National 139
2087	2087	Instant Criminal Background Check System. If the sheriff 140
2088	2088	determines the permit holder is disqualified under any 141
2089	2089	provision of section 571.205, the sheriff shall revoke the 142
2090	2090	Missouri lifetime or extended concealed carry permit and 143
2091	2091	shall report the revocation to the concealed carry permit 144
2092	2092	system. 145 SB 147 67
2093	2093	571.215. 1. A Missouri lifetime or extended concealed 1
2094	2094	carry permit issued under sections 57 1.205 to 571.230 shall 2
2095	2095	authorize the person in whose name the permit is issued to 3
2096	2096	carry concealed firearms on or about his or her person or 4
2097	2097	vehicle throughout the state. No Missouri lifetime or 5
2098	2098	extended concealed carry permit shall authorize any perso n 6
2099	2099	to carry concealed firearms into [: 7
2100	2100	(1) Any police, sheriff, or highway patrol office or 8
2101	2101	station without the consent of the chief law enforcement 9
2102	2102	officer in charge of that office or station. Possession of 10
2103	2103	a firearm in a vehicle on the premises of the office or 11
2104	2104	station shall not be a criminal offense so long as the 12
2105	2105	firearm is not removed from the vehicle or brandished while 13
2106	2106	the vehicle is on the premises; 14
2107	2107	(2) Within twenty-five feet of any polling place on 15
2108	2108	any election day. Possession of a firearm in a vehicle on 16
2109	2109	the premises of the polling place shall not be a criminal 17
2110	2110	offense so long as the firearm is not removed from the 18
2111	2111	vehicle or brandished while the vehicle is on the premises; 19
2112	2112	(3) The facility of any adult or juvenile det ention or 20
2113	2113	correctional institution, prison or jail. Possession of a 21
2114	2114	firearm in a vehicle on the premises of any adult, juvenile 22
2115	2115	detention, or correctional institution, prison or jail shall 23
2116	2116	not be a criminal offense so long as the firearm is not 24
2117	2117	removed from the vehicle or brandished while the vehicle is 25
2118	2118	on the premises; 26
2119	2119	(4) Any courthouse solely occupied by the circuit, 27
2120	2120	appellate or supreme court, or any courtrooms, 28
2121	2121	administrative offices, libraries, or other rooms of any 29
2122	2122	such court whether or not such court solely occupies the 30
2123	2123	building in question. This subdivision shall also include, 31
2124	2124	but not be limited to, any juvenile, family, drug, or other 32 SB 147 68
2125	2125	court offices, any room or office wherein any of the courts 33
2126	2126	or offices listed in this subdivis ion are temporarily 34
2127	2127	conducting any business within the jurisdiction of such 35
2128	2128	courts or offices, and such other locations in such manner 36
2129	2129	as may be specified by supreme court rule under subdivision 37
2130	2130	(6) of this subsection. Nothing in this subdivision shal l 38
2131	2131	preclude those persons listed in subdivision (1) of 39
2132	2132	subsection 2 of section 571.030 while within their 40
2133	2133	jurisdiction and on duty, those persons listed in 41
2134	2134	subdivisions (2), (4), and (10) of subsection 2 of section 42
2135	2135	571.030, or such other persons who se rve in a law 43
2136	2136	enforcement capacity for a court as may be specified by 44
2137	2137	supreme court rule under subdivision (6) of this subsection 45
2138	2138	from carrying a concealed firearm within any of the areas 46
2139	2139	described in this subdivision. Possession of a firearm in a 47
2140	2140	vehicle on the premises of any of the areas listed in this 48
2141	2141	subdivision shall not be a criminal offense so long as the 49
2142	2142	firearm is not removed from the vehicle or brandished while 50
2143	2143	the vehicle is on the premises; 51
2144	2144	(5) Any meeting of the governing body of a unit of 52
2145	2145	local government, or any meeting of the general assembly or 53
2146	2146	a committee of the general assembly, except that nothing in 54
2147	2147	this subdivision shall preclude a member of the body holding 55
2148	2148	a valid Missouri lifetime or extended concealed carry permit 56
2149	2149	from carrying a concealed firearm at a meeting of the body 57
2150	2150	which he or she is a member. Possession of a firearm in a 58
2151	2151	vehicle on the premises shall not be a criminal offense so 59
2152	2152	long as the firearm is not removed from the vehicle or 60
2153	2153	brandished while the vehicle is on the premises. Nothing in 61
2154	2154	this subdivision shall preclude a member of the general 62
2155	2155	assembly, a full-time employee of the general assembly 63
2156	2156	employed under Section 17, Article III, Constitution of 64 SB 147 69
2157	2157	Missouri, legislative employees of the gen eral assembly as 65
2158	2158	determined under section 21.155, or statewide elected 66
2159	2159	officials and their employees, holding a valid Missouri 67
2160	2160	lifetime or extended concealed carry permit, from carrying a 68
2161	2161	concealed firearm in the state capitol building or at a 69
2162	2162	meeting whether of the full body of a house of the general 70
2163	2163	assembly or a committee thereof, that is held in the state 71
2164	2164	capitol building; 72
2165	2165	(6) The general assembly, supreme court, county, or 73
2166	2166	municipality may by rule, administrative regulation, or 74
2167	2167	ordinance prohibit or limit the carrying of concealed 75
2168	2168	firearms by permit holders in that portion of a building 76
2169	2169	owned, leased, or controlled by that unit of government. 77
2170	2170	Any portion of a building in which the carrying of concealed 78
2171	2171	firearms is prohibited or limit ed shall be clearly 79
2172	2172	identified by signs posted at the entrance to the restricted 80
2173	2173	area. The statute, rule, or ordinance shall exempt any 81
2174	2174	building used for public housing by private persons, 82
2175	2175	highways or rest areas, firing ranges, and private dwellings 83
2176	2176	owned, leased, or controlled by that unit of government from 84
2177	2177	any restriction on the carrying or possession of a firearm. 85
2178	2178	The statute, rule, or ordinance shall not specify any 86
2179	2179	criminal penalty for its violation but may specify that 87
2180	2180	persons violating th e statute, rule, or ordinance may be 88
2181	2181	denied entrance to the building, ordered to leave the 89
2182	2182	building and if employees of the unit of government, be 90
2183	2183	subjected to disciplinary measures for violation of the 91
2184	2184	provisions of the statute, rule, or ordinance. The 92
2185	2185	provisions of this subdivision shall not apply to any other 93
2186	2186	unit of government; 94
2187	2187	(7) Any establishment licensed to dispense 95
2188	2188	intoxicating liquor for consumption on the premises, which 96 SB 147 70
2189	2189	portion is primarily devoted to that purpose, without the 97
2190	2190	consent of the owner or manager. The provisions of this 98
2191	2191	subdivision shall not apply to the licensee of said 99
2192	2192	establishment. The provisions of this subdivision shall not 100
2193	2193	apply to any bona fide restaurant open to the general public 101
2194	2194	having dining facilitie s for not less than fifty persons and 102
2195	2195	that receives at least fifty -one percent of its gross annual 103
2196	2196	income from the dining facilities by the sale of food. This 104
2197	2197	subdivision does not prohibit the possession of a firearm in 105
2198	2198	a vehicle on the premises of th e establishment and shall not 106
2199	2199	be a criminal offense so long as the firearm is not removed 107
2200	2200	from the vehicle or brandished while the vehicle is on the 108
2201	2201	premises. Nothing in this subdivision authorizes any 109
2202	2202	individual who has been issued a Missouri lifetim e or 110
2203	2203	extended concealed carry permit to possess any firearm while 111
2204	2204	intoxicated; 112
2205	2205	(8) Any area of an airport to which access is 113
2206	2206	controlled by the inspection of persons and property. 114
2207	2207	Possession of a firearm in a vehicle on the premises of the 115
2208	2208	airport shall not be a criminal offense so long as the 116
2209	2209	firearm is not removed from the vehicle or brandished while 117
2210	2210	the vehicle is on the premises; 118
2211	2211	(9) Any place where the carrying of a firearm is 119
2212	2212	prohibited by federal law; 120
2213	2213	(10) Any higher education institution or elementary or 121
2214	2214	secondary school facility without the consent of the 122
2215	2215	governing body of the higher education institution or a 123
2216	2216	school official or the district school board, unless the 124
2217	2217	person with the Missouri lifetime or extended conceale d 125
2218	2218	carry permit is a teacher or administrator of an elementary 126
2219	2219	or secondary school who has been designated by his or her 127
2220	2220	school district as a school protection officer and is 128 SB 147 71
2221	2221	carrying a firearm in a school within that district, in 129
2222	2222	which case no consent is required. Possession of a firearm 130
2223	2223	in a vehicle on the premises of any higher education 131
2224	2224	institution or elementary or secondary school facility shall 132
2225	2225	not be a criminal offense so long as the firearm is not 133
2226	2226	removed from the vehicle or brandished whil e the vehicle is 134
2227	2227	on the premises; 135
2228	2228	(11) Any portion of a building used as a child care 136
2229	2229	facility without the consent of the manager. Nothing in 137
2230	2230	this subdivision shall prevent the operator of a child care 138
2231	2231	facility in a family home from owning or po ssessing a 139
2232	2232	firearm or a Missouri lifetime or extended concealed carry 140
2233	2233	permit; 141
2234	2234	(12) Any riverboat gambling operation accessible by 142
2235	2235	the public without the consent of the owner or manager under 143
2236	2236	rules promulgated by the gaming commission. Possession of a 144
2237	2237	firearm in a vehicle on the premises of a riverboat gambling 145
2238	2238	operation shall not be a criminal offense so long as the 146
2239	2239	firearm is not removed from the vehicle or brandished while 147
2240	2240	the vehicle is on the premises; 148
2241	2241	(13) Any gated area of an amus ement park. Possession 149
2242	2242	of a firearm in a vehicle on the premises of the amusement 150
2243	2243	park shall not be a criminal offense so long as the firearm 151
2244	2244	is not removed from the vehicle or brandished while the 152
2245	2245	vehicle is on the premises; 153
2246	2246	(14) Any church or other place of religious worship 154
2247	2247	without the consent of the minister or person or persons 155
2248	2248	representing the religious organization that exercises 156
2249	2249	control over the place of religious worship. Possession of 157
2250	2250	a firearm in a vehicle on the premises shall no t be a 158
2251	2251	criminal offense so long as the firearm is not removed from 159 SB 147 72
2252	2252	the vehicle or brandished while the vehicle is on the 160
2253	2253	premises; 161
2254	2254	(15) Any private property whose owner has posted the 162
2255	2255	premises as being off -limits to concealed firearms by means 163
2256	2256	of one or more signs displayed in a conspicuous place of a 164
2257	2257	minimum size of eleven inches by fourteen inches with the 165
2258	2258	writing thereon in letters of not less than one inch. The 166
2259	2259	owner, business or commercial lessee, manager of a private 167
2260	2260	business enterprise, or any other organization, entity, or 168
2261	2261	person may prohibit persons holding a Missouri lifetime or 169
2262	2262	extended concealed carry permit from carrying concealed 170
2263	2263	firearms on the premises and may prohibit employees, not 171
2264	2264	authorized by the employer, holding a M issouri lifetime or 172
2265	2265	extended concealed carry permit from carrying concealed 173
2266	2266	firearms on the property of the employer. If the building 174
2267	2267	or the premises are open to the public, the employer of the 175
2268	2268	business enterprise shall post signs on or about the 176
2269	2269	premises if carrying a concealed firearm is prohibited. 177
2270	2270	Possession of a firearm in a vehicle on the premises shall 178
2271	2271	not be a criminal offense so long as the firearm is not 179
2272	2272	removed from the vehicle or brandished while the vehicle is 180
2273	2273	on the premises. An employer may prohibit employees or 181
2274	2274	other persons holding a Missouri lifetime or extended 182
2275	2275	concealed carry permit from carrying a concealed firearm in 183
2276	2276	vehicles owned by the employer; 184
2277	2277	(16) Any sports arena or stadium with a seating 185
2278	2278	capacity of five thousand or more. Possession of a firearm 186
2279	2279	in a vehicle on the premises shall not be a criminal offense 187
2280	2280	so long as the firearm is not removed from the vehicle or 188
2281	2281	brandished while the vehicle is on the premises; 189
2282	2282	(17) Any hospital accessible by the pu blic. 190
2283	2283	Possession of a firearm in a vehicle on the premises of a 191 SB 147 73
2284	2284	hospital shall not be a criminal offense so long as the 192
2285	2285	firearm is not removed from the vehicle or brandished while 193
2286	2286	the vehicle is on the premises ] any location listed under 194
2287	2287	subdivisions (1) to (8) of subsection 1 of section 571.107 . 195
2288	2288	2. Carrying of a concealed firearm in a location 196
2289	2289	specified in subdivisions (1) to [(17)] (8) of subsection 1 197
2290	2290	of [this] section 571.107 by any individual who holds a 198
2291	2291	Missouri lifetime or extended conc ealed carry permit shall 199
2292	2292	not be a criminal act but may subject the person to denial 200
2293	2293	to the premises or removal from the premises. If such 201
2294	2294	person refuses to leave the premises and a peace officer is 202
2295	2295	summoned, such person may be issued a citation for an amount 203
2296	2296	not to exceed one hundred dollars for the first offense. If 204
2297	2297	a second citation for a similar violation occurs within a 205
2298	2298	six-month period, such person shall be fined an amount not 206
2299	2299	to exceed two hundred dollars and his or her permit to carry 207
2300	2300	concealed firearms shall be suspended for a period of one 208
2301	2301	year. If a third citation for a similar violation is issued 209
2302	2302	within one year of the first citation, such person shall be 210
2303	2303	fined an amount not to exceed five hundred dollars and shall 211
2304	2304	have his or her Missouri lifetime or extended concealed 212
2305	2305	carry permit revoked and such person shall not be eligible 213
2306	2306	for a Missouri lifetime or extended concealed carry permit 214
2307	2307	or a concealed carry permit issued under sections 571.101 to 215
2308	2308	571.121 for a period of three yea rs. Upon conviction of 216
2309	2309	charges arising from a citation issued under this 217
2310	2310	subsection, the court shall notify the sheriff of the county 218
2311	2311	which issued the Missouri lifetime or extended concealed 219
2312	2312	carry permit. The sheriff shall suspend or revoke the 220
2313	2313	Missouri lifetime or extended concealed carry permit. 221
2314	2314	577.703. 1. A person commits the offense of bus 1
2315	2315	hijacking if he or she seizes or exercises control, by force 2 SB 147 74
2316	2316	or violence or threat of force or violence, of any bus. The 3
2317	2317	offense of bus hijacking is a class B felony. 4
2318	2318	2. The offense of "assault with the intent to commit 5
2319	2319	bus hijacking" is defined as an intimidation, threat, 6
2320	2320	assault or battery toward any driver, attendant or guard of 7
2321	2321	a bus so as to interfere with the performance of duties by 8
2322	2322	such person. Assault to commit bus hijacking is a class D 9
2323	2323	felony. 10
2324	2324	3. Any person, who, in the commission of such 11
2325	2325	intimidation, threat, assault or battery with the intent to 12
2326	2326	commit bus hijacking, employs a dangerous or deadly weapon 13
2327	2327	or other means capable of inflicting serious bodily injury 14
2328	2328	shall, upon conviction, be guilty of a class A felony. 15
2329	2329	[4. Any passenger who boards a bus with a dangerous or 16
2330	2330	deadly weapon or other means capable of inflicting serious 17
2331	2331	bodily injury concealed upon his or her person or effects is 18
2332	2332	guilty of the felony of "possession and concealment of a 19
2333	2333	dangerous or deadly weapon" upon a bus. Possession and 20
2334	2334	concealment of a dangerous and deadly weapon by a passenger 21
2335	2335	upon a bus is a class D felony. The provisions of this 22
2336	2336	subsection shall not apply to duly elected or appointed law 23
2337	2337	enforcement officers or commercial security personnel who 24
2338	2338	are in possession of weapons used within the course and 25
2339	2339	scope of their employment; nor shall the provisions of this 26
2340	2340	subsection apply to persons who are in possession of weapons 27
2341	2341	or other means of inflicting serious bodily injury with the 28
2342	2342	consent of the owner of such bus, his or her agent, or the 29
2343	2343	lessee or bailee of such bus. ] 30
2344	2344	577.712. 1. In order to provide for the safety, 1
2345	2345	comfort, and well-being of passengers and others having a 2
2346	2346	bona fide business interest in any terminal, a bus 3
2347	2347	transportation company may refuse admission to terminals to 4 SB 147 75
2348	2348	any person not having bona fide business within the 5
2349	2349	terminal. Any such refusal shall not be inconsistent or 6
2350	2350	contrary to state or federal laws, regulations pursuant 7
2351	2351	thereto, or to any ordinance of the political subdivision in 8
2352	2352	which such terminal is located. A duly authorized company 9
2353	2353	representative may a sk any person in a terminal or on the 10
2354	2354	premises of a terminal to identify himself or herself and 11
2355	2355	state his or her business. Failure to comply with such 12
2356	2356	request or failure to state an acceptable business purpose 13
2357	2357	shall be grounds for the company represen tative to request 14
2358	2358	that such person leave the terminal. Refusal to comply with 15
2359	2359	such request shall constitute disorderly conduct. 16
2360	2360	Disorderly conduct shall be a class C misdemeanor. 17
2361	2361	2. It is unlawful for any person to carry [a deadly or 18
2362	2362	dangerous weapon or] any explosives or hazardous material 19
2363	2363	into a terminal or aboard a bus. Possession of [a deadly or 20
2364	2364	dangerous weapon,] an explosive or hazardous material shall 21
2365	2365	be a class D felony. Upon the discovery of any such item or 22
2366	2366	material, the company may obtain possession and retain 23
2367	2367	custody of such [item or] material until it is transferred 24
2368	2368	to the custody of law enforcement officers. 25
2369	2369	[563.016. The fact that conduct is 1
2370	2370	justified under this chapter does not abolish or 2
2371	2371	impair any remedy for such conduct which is 3
2372	2372	available in any civil actions.] 4
2373	2373	