EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted and is intended to be omitted in the law. FIRST REGULAR SESSION SENATE BILL NO. 147 103RD GENERAL ASSEMBLY INTRODUCED BY SENATOR COLEMAN. 0090S.01I KRISTINA MARTIN, Secretary AN ACT To repeal sections 563.016, 563.031, 571.010, 571.020, 571.030, 571.101, 571.104, 571.107, 571.205, 571.210, 571.215, 577.703, and 577.712, RSMo, and to enact in lieu thereof seventeen new sections relating to public safety, with penalty provisions. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Sections 563.016, 563.031, 5 71.010, 571.020, 1 571.030, 571.101, 571.104, 571.107, 571.205, 571.210, 571.215, 2 577.703, and 577.712, RSMo, are repealed and seventeen new 3 sections enacted in lieu thereof, to be known as sections 4 290.148, 563.031, 563.085, 571.010, 571.020, 571.030, 571.0 69, 5 571.101, 571.104, 571.107, 571.108, 571.109, 571.205, 571.210, 6 571.215, 577.703, and 577.712, to read as follows:7 290.148. Notwithstanding any provision of law to the 1 contrary, no employer in this state shall discharge or 2 otherwise terminate t he employment of any employee on the 3 basis of such employee having a firearm in the employee's 4 vehicle on the employer's property when the employee is 5 arriving to or leaving from the employer's property for 6 employment purposes or when the employee is c onducting 7 activities within the course and scope of his or her 8 employment, provided that the employee's vehicle is locked, 9 the firearm is not visible, and the employee is not 10 prohibited from possessing a firearm by law. An employer 11 shall not be civilly liable for any injuries or damages 12 SB 147 2 resulting from the use of firearms that are stored in 13 compliance with this section. 14 563.031. 1. A person may, subject to the provisions 1 of subsection 2 of this section, use physical force upon 2 another person when and to the extent he or she reasonably 3 believes such force to be necessary to defend himself or 4 herself or a third person from what he or she reasonably 5 believes to be the use or imminent use of unlawful force by 6 such other person, unless: 7 (1) The actor was the initial aggressor; except that 8 in such case his or her use of force is nevertheless 9 justifiable provided: 10 (a) He or she has withdrawn from the encounter and 11 effectively communicated such withdrawal to such other 12 person but the latter persists in continuing the incident by 13 the use or threatened use of unlawful force; or 14 (b) He or she is a law enforcement officer and as such 15 is an aggressor pursuant to section 563.046; or 16 (c) The aggressor is justifi ed under some other 17 provision of this chapter or other provision of law; 18 (2) Under the circumstances as the actor reasonably 19 believes them to be, the person whom he or she seeks to 20 protect would not be justified in using such protective 21 force; 22 (3) The actor was attempting to commit, committing, or 23 escaping after the commission of a forcible felony. 24 2. A person shall not use deadly force upon another 25 person under the circumstances specified in subsection 1 of 26 this section unless: 27 (1) He or she reasonably believes that such deadly 28 force is necessary to protect himself, or herself or her 29 SB 147 3 unborn child, or another against death, serious physical 30 injury, or any forcible felony; 31 (2) Such force is used against a person who unl awfully 32 enters, remains after unlawfully entering, or attempts to 33 unlawfully enter a dwelling, residence, place of employment, 34 or vehicle lawfully occupied by such person; or 35 (3) Such force is used against a person who unlawfully 36 enters, remains after unlawfully entering, or attempts to 37 unlawfully enter private property that is owned or leased by 38 an individual, or is occupied by an individual who has been 39 given specific authority by the property owner to occupy the 40 property, or is a retail establishment or other place of 41 business wherein an individual using such force has a right 42 to be, claiming a justification of using protective force 43 under this section. 44 3. A person does not have a duty to retreat: 45 (1) From a dwelling, residenc e, place of employment, 46 or vehicle where the person is not unlawfully entering or 47 unlawfully remaining; 48 (2) From private property that is owned or leased by 49 such individual; or 50 (3) If the person is in any other location such person 51 has the right to be. 52 4. The justification afforded by this section extends 53 to the use of physical restraint as protective force 54 provided that the actor takes all reasonable measures to 55 terminate the restraint as soon as it is reasonable to do so. 56 5. [The defendant shall have the burden of injecting 57 the issue of justification under this section. If a 58 defendant asserts that his or her use of force is described 59 under subdivision (2) of subsection 2 of this section, the 60 burden shall then be on the s tate to prove beyond a 61 SB 147 4 reasonable doubt that the defendant did not reasonably 62 believe that the use of such force was necessary to defend 63 against what he or she reasonably believed was the use or 64 imminent use of unlawful force ] There shall be a presumpt ion 65 of reasonableness under this section that the defendant 66 believed such force was necessary to defend himself or 67 herself or a third person from what he or she believed to be 68 the use or imminent use of unlawful force by another person . 69 563.085. 1. A person who uses or threatens to use 1 force pursuant to section 563.031 is justified in such 2 conduct and is immune from criminal prosecution and civil 3 action for the use or threatened use of such force by the 4 person, personal represen tative, or heirs of the person 5 against whom the force was used or threatened, unless the 6 person against whom force was used or threatened is a law 7 enforcement officer who was acting in the performance of his 8 or her official duties and the officer ident ified himself or 9 herself in accordance with any applicable law or the person 10 using or threatening to use force knew or reasonably should 11 have known that the person was a law enforcement officer. 12 As used in this subsection, the term "criminal prosecuti on" 13 includes arresting, detaining in custody, and charging or 14 prosecuting the defendant. 15 2. A law enforcement agency may use standard 16 procedures for investigating the use or threatened use of 17 force as described in subsection 1 of this section, bu t the 18 agency may not arrest the person for using or threatening to 19 use force unless the agency determines that there is 20 probable cause that the force that was used or threatened 21 was unlawful. 22 3. In a criminal prosecution or civil action, once a 23 prima facie claim of self -defense immunity has been raised 24 SB 147 5 by the defendant at a pretrial immunity hearing, the burden 25 of proof by clear and convincing evidence is on the party 26 seeking to overcome the immunity provided in subsection 1 of 27 this section. 28 571.010. As used in this chapter, the following terms 1 shall mean: 2 (1) "Antique, curio or relic firearm", any firearm so 3 defined by the National Gun Control Act, 18 U.S.C. Title 26, 4 Section 5845, and the United States Treasury/ Bureau of 5 Alcohol Tobacco and Firearms, 27 CFR Section 178.11: 6 (a) "Antique firearm" is any firearm not designed or 7 redesigned for using rim fire or conventional center fire 8 ignition with fixed ammunition and manufactured in or before 9 1898, said ammunition not being manufactured any longer; 10 this includes any matchlock, wheel lock, flintlock, 11 percussion cap or similar type ignition system, or replica 12 thereof; 13 (b) "Curio or relic firearm" is any firearm deriving 14 value as a collectible weap on due to its unique design, 15 ignition system, operation or at least fifty years old, 16 associated with a historical event, renown personage or 17 major war; 18 (2) "Blackjack", any instrument that is designed or 19 adapted for the purpose of stunning or inf licting physical 20 injury by striking a person, and which is readily capable of 21 lethal use; 22 (3) "Blasting agent", any material or mixture, 23 consisting of fuel and oxidizer that is intended for 24 blasting, but not otherwise defined as an explosive unde r 25 this section, provided that the finished product, as mixed 26 for use of shipment, cannot be detonated by means of a 27 numbered 8 test blasting cap when unconfined; 28 SB 147 6 (4) "Concealable firearm", any firearm with a barrel 29 less than sixteen inches in len gth, measured from the face 30 of the bolt or standing breech; 31 (5) "Deface", to alter or destroy the manufacturer's 32 or importer's serial number or any other distinguishing 33 number or identification mark; 34 (6) "Detonator", any device containing a detonating 35 charge that is used for initiating detonation in an 36 explosive, including but not limited to, electric blasting 37 caps of instantaneous and delay types, nonelectric blasting 38 caps for use with safety fuse or shock tube and detonating 39 cord delay connectors; 40 (7) "Explosive weapon", any explosive, incendiary, or 41 poison gas bomb or similar device designed or adapted for 42 the purpose of inflicting death, serious physical injury, or 43 substantial property damage; or any device designed or 44 adapted for delivering or shooting such a weapon. For the 45 purposes of this subdivision, the term "explosive" shall 46 mean any chemical compound mixture or device, the primary or 47 common purpose of which is to function by explosion, 48 including but not limited t o, dynamite and other high 49 explosives, pellet powder, initiating explosives, 50 detonators, safety fuses, squibs, detonating cords, igniter 51 cords, and igniters or blasting agents; 52 (8) "Firearm", any weapon that is designed or adapted 53 to expel a projectile by the action of an explosive; 54 (9) "Firearm silencer", any instrument, attachment, or 55 appliance that is designed or adapted to muffle the noise 56 made by the firing of any firearm; 57 (10) "Gas gun", any gas ejection device, weapon, 58 cartridge, container or contrivance other than a gas bomb 59 that is designed or adapted for the purpose of ejecting any 60 SB 147 7 poison gas that will cause death or serious physical injury, 61 but not any device that ejects a repellant or temporary 62 incapacitating substanc e; 63 (11) "Intoxicated", substantially impaired mental or 64 physical capacity resulting from introduction of any 65 substance into the body; 66 (12) "Knife", any dagger, dirk, stiletto, or bladed 67 hand instrument that is readily capable of inflicting 68 serious physical injury or death by cutting or stabbing a 69 person. For purposes of this chapter, knife does not 70 include any ordinary pocketknife with no blade more than 71 four inches in length; 72 (13) "Knuckles", any instrument that consists of 73 finger rings or guards made of a hard substance that is 74 designed or adapted for the purpose of inflicting serious 75 physical injury or death by striking a person with a fist 76 enclosed in the knuckles; 77 (14) "Machine gun", any firearm that is capable of 78 firing more than one shot automatically, without manual 79 reloading, by a single function of the trigger; 80 (15) "Projectile weapon", any bow, crossbow, pellet 81 gun, slingshot or other weapon that is not a firearm, which 82 is capable of expelling a project ile that could inflict 83 serious physical injury or death by striking or piercing a 84 person; 85 (16) "Rifle", any firearm designed [or adapted] to be 86 fired from the shoulder and to use the energy of the 87 explosive in a fixed metallic cartridge to fire a projectile 88 through a rifled bore by a single function of the trigger; 89 (17) "School", any charter school, as such term is 90 defined in section 160.400, any private school, as such term 91 SB 147 8 is defined in section 166.700, or any public school, as such 92 term is defined in section 160.011; 93 (18) "Short barrel", a barrel length of less than 94 sixteen inches for a rifle and eighteen inches for a 95 shotgun, both measured from the face of the bolt or standing 96 breech, or an overall rifle or shotgun length of less than 97 twenty-six inches; 98 (19) "Shotgun", any firearm designed or adapted to be 99 fired from the shoulder and to use the energy of the 100 explosive in a fixed shotgun shell to fire a number of shot 101 or a single projectile through a smooth bore barre l by a 102 single function of the trigger; 103 (20) "Spring gun", any fused, timed or nonmanually 104 controlled trap or device designed or adapted to set off an 105 explosion for the purpose of inflicting serious physical 106 injury or death; 107 (21) "Switchblade knife", any knife which has a blade 108 that folds or closes into the handle or sheath, and: 109 (a) That opens automatically by pressure applied to a 110 button or other device located on the handle; or 111 (b) That opens or releases from the handle or sh eath 112 by the force of gravity or by the application of centrifugal 113 force. 114 571.020. 1. A person commits an offense if such 1 person knowingly possesses, manufactures, transports, 2 repairs, or sells: 3 (1) An explosive weapon; 4 (2) An explosive, incendiary or poison substance or 5 material with the purpose to possess, manufacture or sell an 6 explosive weapon; 7 (3) A gas gun; 8 SB 147 9 (4) A bullet or projectile which explodes or detonates 9 upon impact because of an independent ex plosive charge after 10 having been shot from a firearm; [or] 11 (5) [Knuckles; or 12 (6) Any of the following in violation of federal law: 13 (a)] A machine gun; 14 [(b)] (6) A short-barreled rifle or shotgun; 15 [(c)] (7) A firearm silencer; or 16 [(d)] (8) A switchblade knife. 17 2. A person does not commit an offense pursuant to 18 this section if his or her conduct involved any of the items 19 in subdivisions (1) to [(5)] (8) of subsection 1, the item 20 was possessed in conformity with an y applicable federal law, 21 and the conduct: 22 (1) Was incident to the performance of official duty 23 by the Armed Forces, National Guard, a governmental law 24 enforcement agency, or a penal institution; or 25 (2) Was incident to engaging in a lawful c ommercial or 26 business transaction with an organization enumerated in 27 subdivision (1) of this [section] subsection; or 28 (3) Was incident to using an explosive weapon in a 29 manner reasonably related to a lawful industrial or 30 commercial enterprise; or 31 (4) Was incident to displaying the weapon in a public 32 museum or exhibition; or 33 (5) Was incident to using the weapon in a manner 34 reasonably related to a lawful dramatic performance ; or 35 (6) Was lawful according to any state law . 36 3. An offense pursuant to subdivision (1), (2), (3) 37 [or], (5), (6), (7), or (8) of subsection 1 of this section 38 is a class D felony; a crime pursuant to subdivision (4) [or 39 SB 147 10 (5)] of subsection 1 of this section is a class A 40 misdemeanor. 41 571.030. 1. A person commits the offense of unlawful 1 use of weapons[, except as otherwise provided by sections 2 571.101 to 571.121,] if he or she knowingly: 3 (1) Carries concealed upon or about his or her person 4 a knife, a firearm, a blackjack or any other weapon readily 5 capable of lethal use [into any area where firearms are 6 restricted under section 571.107; or ]: 7 (a) Into any public higher education institution or 8 public elementary or secondary school facility without the 9 consent of the governing body of the higher education 10 institution or a school official or the district school 11 board, unless the person is a teacher or administrator of an 12 elementary or secondary school who has been designated by 13 his or her school district as a schoo l protection officer 14 and is carrying a firearm in a school within that district, 15 in which case no consent is required; 16 (b) Onto any school bus or onto the premises of any 17 function or activity sponsored or sanctioned by school 18 officials or the dis trict school board, unless the weapon is 19 possessed by an adult to facilitate a school -sanctioned 20 firearm-related event or club event; 21 (c) Into any police, sheriff, or Missouri state 22 highway patrol office or station without the consent of the 23 chief law enforcement officer in charge of that office or 24 station; 25 (d) Into the facility of any adult or juvenile 26 detention or correctional institution, prison, or jail; 27 (e) Into any courthouse solely occupied by the 28 municipal, circuit, appellat e, or supreme court, or any 29 courtrooms, administrative offices, libraries, or other 30 SB 147 11 rooms of any such court, regardless of whether such court 31 solely occupies the building in question. This paragraph 32 shall also include, but not be limited to, any juven ile, 33 family, drug, or other court offices, or any room or office 34 wherein any of the courts or offices listed under this 35 subdivision are temporarily conducting any business within 36 the jurisdiction of such courts or offices. Nothing in this 37 paragraph shall preclude those persons listed under 38 subdivision (1) of subsection 2 of this section while within 39 their jurisdiction and on duty; those persons listed under 40 subdivision (2), (4), or (10) of subsection 2 of this 41 section; or such other persons who se rve in a law 42 enforcement capacity for a court as may be specified by 43 supreme court rule from carrying a concealed firearm within 44 any of the areas described under this paragraph; 45 (f) Into any meeting of the general assembly or a 46 committee of the general assembly; 47 (g) Into any area of an airport to which access is 48 controlled by the inspection of persons and property; 49 (h) Into any place where the carrying of a firearm is 50 prohibited by federal law; 51 (i) Onto any private property who se owner has posted 52 the premises as being off -limits to concealed firearms by 53 means of one or more signs displayed in a conspicuous place 54 of a minimum size of eleven inches by fourteen inches with 55 the writing thereon in letters of not less than one inc h; or 56 (j) Into any sports arena or stadium with a seating 57 capacity of five thousand or more that is under the 58 management of or leased to a private entity, including a 59 professional sports team; or 60 (2) Sets a spring gun; or 61 SB 147 12 (3) Discharges or shoots a firearm into a dwelling 62 house, a railroad train, boat, aircraft, or motor vehicle as 63 defined in section 302.010, or any building or structure 64 used for the assembling of people; or 65 (4) Exhibits, in the presence of one or more persons, 66 any weapon readily capable of lethal use in an angry or 67 threatening manner; or 68 (5) Has a firearm or projectile weapon readily capable 69 of lethal use on his or her person, while he or she is 70 intoxicated, and handles or otherwise uses such firearm or 71 projectile weapon in either a negligent or unlawful manner 72 or discharges such firearm or projectile weapon unless 73 acting in self-defense; or 74 (6) Discharges a firearm within one hundred yards of 75 any occupied schoolhouse, courthouse, or church b uilding; or 76 (7) Discharges or shoots a firearm at a mark, at any 77 object, or at random, on, along or across a public highway 78 or discharges or shoots a firearm into any outbuilding; or 79 (8) [Carries a firearm or any other weapon readily 80 capable of lethal use into any church or place where people 81 have assembled for worship, or into any election precinct on 82 any election day, or into any building owned or occupied by 83 any agency of the federal government, state government, or 84 political subdivision thereof; or 85 (9)] Discharges or shoots a firearm at or from a motor 86 vehicle, as defined in section 301.010, discharges or shoots 87 a firearm at any person, or at any other motor vehicle, or 88 at any building or habitable structure, unless the person 89 was lawfully acting in self -defense; or 90 [(10) Carries a firearm, whether loaded or unloaded, 91 or any other weapon readily capable of lethal use into any 92 school, onto any school bus, or onto the premises of any 93 SB 147 13 function or activity sponsored or sa nctioned by school 94 officials or the district school board; or 95 (11)] (9) Possesses a firearm while also knowingly in 96 possession of a controlled substance that is sufficient for 97 a felony violation of section 579.015. 98 2. [Subdivisions (1), (8), and (10)] Paragraphs (a), 99 (b), (c), (d), (f), (i), and (j) of subdivision (1) of 100 subsection 1 of this section shall not apply to the persons 101 described in subdivision (1), (3), (6), or (7) of this 102 subsection, regardless of whether such uses are reasona bly 103 associated with or are necessary to the fulfillment of such 104 person's official duties except as otherwise provided in 105 this subsection. Subdivisions (3), (4), (6), (7), and [(9)] 106 (8) of subsection 1 of this section shall not apply to or 107 affect any of the following persons, when such uses are 108 reasonably associated with or are necessary to the 109 fulfillment of such person's official duties, except as 110 otherwise provided in this subsection: 111 (1) All state, county and municipal peace officers who 112 have completed the training required by the police officer 113 standards and training commission pursuant to sections 114 590.030 to 590.050 and who possess the duty and power of 115 arrest for violation of the general criminal laws of the 116 state or for violation o f ordinances of counties or 117 municipalities of the state, whether such officers are on or 118 off duty, and whether such officers are within or outside of 119 the law enforcement agency's jurisdiction, or all qualified 120 retired peace officers, as defined in subs ection 12 of this 121 section, and who carry the identification defined in 122 subsection 13 of this section, or any person summoned by 123 such officers to assist in making arrests or preserving the 124 peace while actually engaged in assisting such officer; 125 SB 147 14 (2) Wardens, superintendents and keepers of prisons, 126 penitentiaries, jails and other institutions for the 127 detention of persons accused or convicted of crime; 128 (3) Members of the Armed Forces or National Guard 129 while performing their official duty; 130 (4) Those persons vested by Article V, Section 1 of 131 the Constitution of Missouri with the judicial power of the 132 state and those persons vested by Article III of the 133 Constitution of the United States with the judicial power of 134 the United States, the members of the federal judiciary; 135 (5) Any person whose bona fide duty is to execute 136 process, civil or criminal; 137 (6) Any federal probation officer or federal flight 138 deck officer as defined under the federal flight deck 139 officer program, 49 U.S .C. Section 44921, regardless of 140 whether such officers are on duty, or within the law 141 enforcement agency's jurisdiction; 142 (7) Any state probation or parole officer, including 143 supervisors and members of the parole board; 144 (8) Any corporate security advisor meeting the 145 definition and fulfilling the requirements of the 146 regulations established by the department of public safety 147 under section 590.750; 148 (9) Any coroner, deputy coroner, medical examiner, or 149 assistant medical examiner; 150 (10) Any municipal or county prosecuting attorney or 151 assistant prosecuting attorney; circuit attorney or 152 assistant circuit attorney; municipal, associate, or circuit 153 judge; or any person appointed by a court to be a special 154 prosecutor who has completed the firearms safety training 155 course required under subsection 2 of section 571.111; 156 SB 147 15 (11) Any member of a fire department or fire 157 protection district who is employed on a full -time basis as 158 a fire investigator and who has a valid concealed carry 159 endorsement issued prior to August 28, 2013, or a valid 160 concealed carry permit under section 571.111 when such uses 161 are reasonably associated with or are necessary to the 162 fulfillment of such person's official duties; and 163 (12) Upon the written appro val of the governing body 164 of a fire department or fire protection district, any paid 165 fire department or fire protection district member who is 166 employed on a full-time basis and who has a valid concealed 167 carry endorsement issued prior to August 28, 2013 , or a 168 valid concealed carry permit, when such uses are reasonably 169 associated with or are necessary to the fulfillment of such 170 person's official duties. 171 3. Subdivisions (1)[,] and (5)[, (8), and (10)] of 172 subsection 1 of this section do not apply when the actor is 173 transporting such weapons in a nonfunctioning state or in an 174 unloaded state when ammunition is not readily accessible or 175 when such weapons are not readily accessible. Subdivision 176 (1) of subsection 1 of this section does not apply to any 177 person nineteen years of age or older or eighteen years of 178 age or older and a member of the United States Armed Forces, 179 or honorably discharged from the United States Armed Forces, 180 transporting a concealable firearm in the passenger 181 compartment of a motor vehicle, so long as such concealable 182 firearm is otherwise lawfully possessed [, nor when the actor 183 is also in possession of an exposed firearm or projectile 184 weapon for the lawful pursuit of game, or is in his or her 185 dwelling unit or upon premis es over which the actor has 186 possession, authority or control, or is traveling in a 187 continuous journey peaceably through this state. 188 SB 147 16 Subdivision (10) of subsection 1 of this section does not 189 apply if the firearm is otherwise lawfully possessed by a 190 person while traversing school premises for the purposes of 191 transporting a student to or from school, or possessed by an 192 adult for the purposes of facilitation of a school - 193 sanctioned firearm-related event or club event ]. 194 4. [Subdivisions] Subdivision (1)[, (8), and (10)] of 195 subsection 1 of this section shall not apply to any person 196 who has a valid concealed carry permit issued pursuant to 197 sections 571.101 to 571.121, a valid lifetime or extended 198 concealed carry permit issued under sections 571.20 5 to 199 571.230, a valid concealed carry endorsement issued before 200 August 28, 2013, or a valid permit or endorsement to carry 201 concealed firearms issued by another state or political 202 subdivision of another state. 203 5. Subdivisions (3), (4), (5), (6), ( 7), and (8)[, 204 (9), and (10)] of subsection 1 of this section shall not 205 apply to persons who are engaged in a lawful act of defense 206 pursuant to section 563.031. 207 6. Notwithstanding any provision of this section to 208 the contrary, the state shall not prohibit any state 209 employee from having a firearm in the employee's vehicle on 210 the state's property provided that the vehicle is locked and 211 the firearm is not visible. This subsection shall only 212 apply to the state as an employer when the state employe e's 213 vehicle is on property owned or leased by the state and the 214 state employee is conducting activities within the scope of 215 his or her employment. For the purposes of this subsection, 216 "state employee" means an employee of the executive, 217 legislative, or judicial branch of the government of the 218 state of Missouri. 219 SB 147 17 7. (1) Subdivision (10) of subsection 1 of this 220 section shall not apply to a person who is a school officer 221 commissioned by the district school board under section 222 162.215 or who is a school protection officer, as described 223 under section 160.665. 224 (2) Nothing in this section shall make it unlawful for 225 a student to actually participate in school -sanctioned gun 226 safety courses, student military or ROTC courses, or other 227 school-sponsored or club-sponsored firearm-related events, 228 provided the student does not carry a firearm or other 229 weapon readily capable of lethal use into any school, onto 230 any school bus, or onto the premises of any other function 231 or activity sponsored or san ctioned by school officials or 232 the district school board. 233 8. A person who commits the [crime] offense of 234 unlawful use of weapons under: 235 (1) Subdivision (2), (3), (4), or [(11)] (9) of 236 subsection 1 of this section shall be guilty of a class E 237 felony; 238 (2) Subdivision (1), (6), or (7)[, or (8)] of 239 subsection 1 of this section shall be guilty of a class [B] 240 D misdemeanor, except when a concealed weapon is carried 241 onto any private property whose owner has posted the 242 premises as being of f-limits to concealed firearms by means 243 of one or more signs displayed in a conspicuous place of a 244 minimum size of eleven inches by fourteen inches with the 245 writing thereon in letters of not less than one inch, in 246 which case the [penalties of subsectio n 2 of section 571.107 247 shall apply] offense shall not be a criminal act but may 248 subject the person to denied access to or removal from the 249 premises. If such person refuses to leave the premises and 250 a peace officer is summoned, such person may be issue d a 251 SB 147 18 citation for an amount not to exceed one hundred dollars for 252 the first offense. If a second citation for a similar 253 violation occurs within a six -month period, such person 254 shall be fined an amount not to exceed two hundred dollars. 255 If a third or subsequent citation for a similar violation is 256 issued within one year of the first citation, such person 257 shall be fined an amount not to exceed five hundred dollars ; 258 (3) Subdivision (5) [or (10)] of subsection 1 of this 259 section shall be guilty of a class A misdemeanor if the 260 firearm is unloaded and a class E felony if the firearm is 261 loaded; 262 (4) Subdivision [(9)] (8) of subsection 1 of this 263 section shall be guilty of a class B felony, except that if 264 the violation of subdivision [(9)] (8) of subsection 1 of 265 this section results in injury or death to another person, 266 it is a class A felony. 267 9. Violations of subdivision [(9)] (8) of subsection 1 268 of this section shall be punished as follows: 269 (1) For the first violation a person sh all be 270 sentenced to the maximum authorized term of imprisonment for 271 a class B felony; 272 (2) For any violation by a prior offender as defined 273 in section 558.016, a person shall be sentenced to the 274 maximum authorized term of imprisonment for a class B felony 275 without the possibility of parole, probation or conditional 276 release for a term of ten years; 277 (3) For any violation by a persistent offender as 278 defined in section 558.016, a person shall be sentenced to 279 the maximum authorized term of impr isonment for a class B 280 felony without the possibility of parole, probation, or 281 conditional release; 282 SB 147 19 (4) For any violation which results in injury or death 283 to another person, a person shall be sentenced to an 284 authorized disposition for a class A f elony. 285 10. Any person knowingly aiding or abetting any other 286 person in the violation of subdivision [(9)] (8) of 287 subsection 1 of this section shall be subject to the same 288 penalty as that prescribed by this section for violations by 289 other persons. 290 11. Notwithstanding any other provision of law, no 291 person who pleads guilty to or is found guilty of a felony 292 violation of subsection 1 of this section shall receive a 293 suspended imposition of sentence if such person has 294 previously received a sus pended imposition of sentence for 295 any other firearms- or weapons-related felony offense. 296 12. As used in this section "qualified retired peace 297 officer" means an individual who: 298 (1) Retired in good standing from service with a 299 public agency as a peace officer, other than for reasons of 300 mental instability; 301 (2) Before such retirement, was authorized by law to 302 engage in or supervise the prevention, detection, 303 investigation, or prosecution of, or the incarceration of 304 any person for, any v iolation of law, and had statutory 305 powers of arrest; 306 (3) Before such retirement, was regularly employed as 307 a peace officer for an aggregate of fifteen years or more, 308 or retired from service with such agency, after completing 309 any applicable probat ionary period of such service, due to a 310 service-connected disability, as determined by such agency; 311 (4) Has a nonforfeitable right to benefits under the 312 retirement plan of the agency if such a plan is available; 313 SB 147 20 (5) During the most recent twe lve-month period, has 314 met, at the expense of the individual, the standards for 315 training and qualification for active peace officers to 316 carry firearms; 317 (6) Is not under the influence of alcohol or another 318 intoxicating or hallucinatory drug or subs tance; and 319 (7) Is not prohibited by federal law from receiving a 320 firearm. 321 13. The identification required by subdivision (1) of 322 subsection 2 of this section is: 323 (1) A photographic identification issued by the agency 324 from which the individual retired from service as a peace 325 officer that indicates that the individual has, not less 326 recently than one year before the date the individual is 327 carrying the concealed firearm, been tested or otherwise 328 found by the agency to meet the standards established by the 329 agency for training and qualification for active peace 330 officers to carry a firearm of the same type as the 331 concealed firearm; or 332 (2) A photographic identification issued by the agency 333 from which the individual retired from serv ice as a peace 334 officer; and 335 (3) A certification issued by the state in which the 336 individual resides that indicates that the individual has, 337 not less recently than one year before the date the 338 individual is carrying the concealed firearm, been tes ted or 339 otherwise found by the state to meet the standards 340 established by the state for training and qualification for 341 active peace officers to carry a firearm of the same type as 342 the concealed firearm. 343 14. Notwithstanding any provision of this se ction or 344 any other law to the contrary, the offense of unlawful use 345 SB 147 21 of weapons under subdivision (1) of subsection 1 of this 346 section shall not include possession of a firearm in a 347 vehicle on any premises listed under paragraphs (a) to (j) 348 of subdivision (1) of subsection 1 of this section, except 349 if prohibited by federal law, so long as the firearm is not 350 removed from the vehicle or brandished while the vehicle is 351 in or on the listed premises. 352 571.069. 1. Any business that elect s to prohibit the 1 possession of firearms or other weapons on its premises by 2 posting a sign described under section 571.107 or by another 3 method authorized under this chapter shall assume custodial 4 responsibility for the safety and defense of any perso n who 5 is authorized to carry firearms or other arms under this 6 chapter while the person is on the premises of the 7 business. The provisions of this section shall not apply to 8 private property not used for commercial purposes or private 9 residences of any type. As used in this section, "business" 10 means any business that sells or provides goods or services 11 to the general public whose annual gross volume sales made 12 or business done is more than five hundred thousand dollars. 13 2. Notwithstanding any other provision of law to the 14 contrary, the requirement to ensure the safety and defense 15 of persons under subsection 1 of this section shall include 16 a mandatory and explicit duty to guard persons authorized to 17 carry firearms or other arms under this chapter against 18 criminal or harmful acts, as such terms are defined in 19 section 537.785, of a third party including, but not limited 20 to, trespassers, employees, customers, or other invitees of 21 the business. The requirement to ensure safety and defense 22 shall also include a duty to guard persons authorized to 23 carry firearms or other arms against vicious animals and 24 wild animals. The duty to guard such persons under this 25 SB 147 22 section shall apply only to the defense against conduct that 26 could reasonably have been prevented by the use of arms in 27 lawful self-defense. If a business restricts the possession 28 of firearms or other arms, such business shall post, 29 together with the sign required under section 571.107, 30 notice stating that persons authorized to c arry firearms or 31 other arms under this chapter are under the custodial 32 responsibility of the business. 33 3. If a person authorized to carry firearms or other 34 arms under this chapter is injured, suffers bodily injury or 35 death, incurs economic loss o r expense, or suffers property 36 damage as a result of a business breaching the duty to 37 defend such person, the person shall have a cause of action 38 against the business prohibiting the possession of firearms 39 or other arms under this chapter. 40 4. The standard of proof for any action under this 41 section shall require a plaintiff to show by a preponderance 42 of the evidence that: 43 (1) The plaintiff was authorized to carry firearms or 44 other arms under this chapter; 45 (2) The plaintiff was lawful ly prohibited from 46 carrying firearms or other arms by reason of a sign 47 voluntarily posted by a business under section 571.107; 48 (3) The business was not required to prohibit firearms 49 or other arms under state or federal law or by a rule or 50 policy enacted by a political subdivision or the state 51 contracting with such business entity; and 52 (4) The business's prohibition of carrying firearms or 53 other arms was the proximate cause of the damages, loss, or 54 injury suffered by the plaintiff. 55 5. If a plaintiff prevails in an action brought under 56 this section, the plaintiff shall be entitled to actual 57 SB 147 23 damages sustained as a result of the failure of the business 58 to guard against criminal and harmful acts, and shall also 59 be entitled to recover reasonable attorney's fees, expert 60 witness costs, and court costs. 61 6. An action under this section shall be brought 62 within two years from the date on which the damages, loss, 63 or injury occurred. 64 7. Any business electing to allow invitees, em ployees, 65 or other guests to lawfully possess firearms or other lawful 66 weapons on its premises as authorized under section 571.107, 67 or other provisions of this chapter, shall not be held 68 liable for any bodily injury or death, economic loss or 69 expense, property damage, emotional distress, or other 70 injury any person suffers while such person is on the 71 premises of the business unless the business, or an owner or 72 agent thereof, acted purposely, in committing or assisting 73 in committing the act that cause d such injury. 74 571.101. 1. All applicants for concealed carry 1 permits issued pursuant to subsection 7 of this section must 2 satisfy the requirements of sections 571.101 to 571.121. If 3 the said applicant can show qualification as pro vided by 4 sections 571.101 to 571.121, the county or city sheriff 5 shall issue a concealed carry permit authorizing the 6 carrying of a concealed firearm on or about the applicant's 7 person or within a vehicle. A concealed carry permit shall 8 be valid from the date of issuance or renewal until five 9 years from the last day of the month in which the permit was 10 issued or renewed, unless the permit expires during a 11 declared state of emergency as provided in chapter 44, then 12 the concealed carry permit shall be valid until the order 13 has been rescinded. The concealed carry permit is valid 14 throughout this state. Although the permit is considered 15 SB 147 24 valid in the state, a person who fails to renew his or her 16 permit within five years from the date of issuance or 17 renewal shall not be eligible for an exception to a National 18 Instant Criminal Background Check under federal regulations 19 currently codified under 27 CFR 478.102(d), relating to the 20 transfer, sale, or delivery of firearms from licensed 21 dealers. A concealed carry endorsement issued prior to 22 August 28, 2013, shall continue from the date of issuance or 23 renewal until three years from the last day of the month in 24 which the endorsement was issued or renewed to authorize the 25 carrying of a concealed firea rm on or about the applicant's 26 person or within a vehicle in the same manner as a concealed 27 carry permit issued under subsection 7 of this section on or 28 after August 28, 2013. 29 2. A concealed carry permit issued pursuant to 30 subsection 7 of this se ction shall be issued by [the] any 31 sheriff or his or her designee [of the county or city in 32 which the applicant resides ] in this state, if the applicant: 33 (1) Is at least nineteen years of age, is a citizen or 34 permanent resident of the United State s and either: 35 (a) Has assumed residency in this state; or 36 (b) Is a member of the Armed Forces stationed in 37 Missouri, or the spouse of such member of the military; 38 (2) Is at least nineteen years of age, or is at least 39 eighteen years of age and a member of the United States 40 Armed Forces or honorably discharged from the United States 41 Armed Forces, and is a citizen of the United States and 42 either: 43 (a) Has assumed residency in this state; 44 (b) Is a member of the Armed Forces sta tioned in 45 Missouri; or 46 SB 147 25 (c) The spouse of such member of the military 47 stationed in Missouri and nineteen years of age; 48 (3) Has not pled guilty to or entered a plea of nolo 49 contendere or been convicted of a crime punishable by 50 imprisonment for a term exceeding one year under the laws of 51 any state or of the United States other than a crime 52 classified as a misdemeanor under the laws of any state and 53 punishable by a term of imprisonment of two years or less 54 that does not involve an explosive weapon, firearm, firearm 55 silencer or gas gun; 56 (4) Has not been convicted of, pled guilty to or 57 entered a plea of nolo contendere to one or more misdemeanor 58 offenses involving crimes of violence within a five -year 59 period immediately preceding appl ication for a concealed 60 carry permit or if the applicant has not been convicted of 61 two or more misdemeanor offenses involving driving while 62 under the influence of intoxicating liquor or drugs or the 63 possession or abuse of a controlled substance within a five- 64 year period immediately preceding application for a 65 concealed carry permit; 66 (5) Is not a fugitive from justice or currently 67 charged in an information or indictment with the commission 68 of a crime punishable by imprisonment for a term exceed ing 69 one year under the laws of any state of the United States 70 other than a crime classified as a misdemeanor under the 71 laws of any state and punishable by a term of imprisonment 72 of two years or less that does not involve an explosive 73 weapon, firearm, firearm silencer, or gas gun; 74 (6) Has not been discharged under dishonorable 75 conditions from the United States Armed Forces; 76 (7) Has not engaged in a pattern of behavior, 77 documented in public or closed records, that causes the 78 SB 147 26 sheriff to have a reasonable belief that the applicant 79 presents a danger to himself or others; 80 (8) Is not adjudged mentally incompetent at the time 81 of application or for five years prior to application, or 82 has not been committed to a mental health facility, as 83 defined in section 632.005, or a similar institution located 84 in another state following a hearing at which the defendant 85 was represented by counsel or a representative; 86 (9) Submits a completed application for a permit as 87 described in subsection 3 of this section; 88 (10) Submits an affidavit attesting that the applicant 89 complies with the concealed carry safety training 90 requirement pursuant to subsections 1 and 2 of section 91 571.111; 92 (11) Is not the respondent of a valid full order of 93 protection which is still in effect; 94 (12) Is not otherwise prohibited from possessing a 95 firearm under section 571.070 or 18 U.S.C. Section 922(g). 96 3. The application for a concealed carry permit issued 97 by the sheriff [of the county of the appl icant's residence] 98 shall contain only the following information: 99 (1) The applicant's name, address, telephone number, 100 gender, date and place of birth, and, if the applicant is 101 not a United States citizen, the applicant's country of 102 citizenship and any alien or admission number issued by the 103 Federal Bureau of Customs and Immigration Enforcement or any 104 successor agency; 105 (2) An affirmation that the applicant has assumed 106 residency in Missouri or is a member of the Armed Forces 107 stationed in Missouri or the spouse of such a member of the 108 Armed Forces and is a citizen or permanent resident of the 109 United States; 110 SB 147 27 (3) An affirmation that the applicant is at least 111 nineteen years of age or is eighteen years of age or older 112 and a member of the United States Armed Forces or honorably 113 discharged from the United States Armed Forces; 114 (4) An affirmation that the applicant has not pled 115 guilty to or been convicted of a crime punishable by 116 imprisonment for a term exceeding one year under the laws of 117 any state or of the United States other than a crime 118 classified as a misdemeanor under the laws of any state and 119 punishable by a term of imprisonment of two years or less 120 that does not involve an explosive weapon, firearm, firearm 121 silencer, or gas gun; 122 (5) An affirmation that the applicant has not been 123 convicted of, pled guilty to, or entered a plea of nolo 124 contendere to one or more misdemeanor offenses involving 125 crimes of violence within a five -year period immediately 126 preceding application for a permit or if the applicant has 127 not been convicted of two or more misdemeanor offenses 128 involving driving while under the influence of intoxicating 129 liquor or drugs or the possession or abuse of a controlled 130 substance within a five -year period immediately preceding 131 application for a permit; 132 (6) An affirmation that the applicant is not a 133 fugitive from justice or currently charged in an information 134 or indictment with the commission of a crime punishable by 135 imprisonment for a term exce eding one year under the laws of 136 any state or of the United States other than a crime 137 classified as a misdemeanor under the laws of any state and 138 punishable by a term of imprisonment of two years or less 139 that does not involve an explosive weapon, firea rm, firearm 140 silencer or gas gun; 141 SB 147 28 (7) An affirmation that the applicant has not been 142 discharged under dishonorable conditions from the United 143 States Armed Forces; 144 (8) An affirmation that the applicant is not adjudged 145 mentally incompetent at the time of application or for five 146 years prior to application, or has not been committed to a 147 mental health facility, as defined in section 632.005, or a 148 similar institution located in another state, except that a 149 person whose release or discharge fro m a facility in this 150 state pursuant to chapter 632, or a similar discharge from a 151 facility in another state, occurred more than five years ago 152 without subsequent recommitment may apply; 153 (9) An affirmation that the applicant has received 154 firearms safety training that meets the standards of 155 applicant firearms safety training defined in subsection 1 156 or 2 of section 571.111; 157 (10) An affirmation that the applicant, to the 158 applicant's best knowledge and belief, is not the respondent 159 of a valid full order of protection which is still in effect; 160 (11) A conspicuous warning that false statements made 161 by the applicant will result in prosecution for perjury 162 pursuant to the laws of the state of Missouri; and 163 (12) A government-issued photo identification. This 164 photograph shall not be included on the permit and shall 165 only be used to verify the person's identity for permit 166 renewal, or for the issuance of a new permit due to change 167 of address, or for a lost or destroyed permit. 168 4. [An application for a concealed carry permit shall 169 be made to the sheriff of the county or any city not within 170 a county in which the applicant resides.] An application 171 shall be filed in writing, signed under oath and under the 172 penalties of perjury, an d shall state whether the applicant 173 SB 147 29 complies with each of the requirements specified in 174 subsection 2 of this section. In addition to the completed 175 application, the applicant for a concealed carry permit must 176 also submit the following: 177 (1) A photocopy of a firearms safety training 178 certificate of completion or other evidence of completion of 179 a firearms safety training course that meets the standards 180 established in subsection 1 or 2 of section 571.111; and 181 (2) A nonrefundable permit fee as provided by 182 subsection 11 or 12 of this section. 183 5. (1) Before an application for a concealed carry 184 permit is approved, the sheriff shall make only such 185 inquiries as he or she deems necessary into the accuracy of 186 the statements made in the appli cation. The sheriff may 187 require that the applicant display a Missouri driver's 188 license or nondriver's license or military identification 189 and orders showing the person being stationed in Missouri. 190 In order to determine the applicant's suitability for a 191 concealed carry permit, the applicant shall be 192 fingerprinted. No other biometric data shall be collected 193 from the applicant. The sheriff shall conduct an inquiry of 194 the National Instant Criminal Background Check System within 195 three working days af ter submission of the properly 196 completed application for a concealed carry permit. If no 197 disqualifying record is identified by these checks at the 198 state level, the fingerprints shall be forwarded to the 199 Federal Bureau of Investigation for a national c riminal 200 history record check. Upon receipt of the completed report 201 from the National Instant Criminal Background Check System 202 and the response from the Federal Bureau of Investigation 203 national criminal history record check, the sheriff shall 204 examine the results and, if no disqualifying information is 205 SB 147 30 identified, shall issue a concealed carry permit within 206 three working days. 207 (2) In the event the report from the National Instant 208 Criminal Background Check System and the response from the 209 Federal Bureau of Investigation national criminal history 210 record check prescribed by subdivision (1) of this 211 subsection are not completed within forty -five calendar days 212 and no disqualifying information concerning the applicant 213 has otherwise come to the she riff's attention, the sheriff 214 shall issue a provisional permit, clearly designated on the 215 certificate as such, which the applicant shall sign in the 216 presence of the sheriff or the sheriff's designee. This 217 permit, when carried with a valid Missouri dri ver's or 218 nondriver's license or a valid military identification, 219 shall permit the applicant to exercise the same rights in 220 accordance with the same conditions as pertain to a 221 concealed carry permit issued under this section, provided 222 that it shall not serve as an alternative to an national 223 instant criminal background check required by 18 U.S.C. 224 Section 922(t). The provisional permit shall remain valid 225 until such time as the sheriff either issues or denies the 226 certificate of qualification under sub section 6 or 7 of this 227 section. The sheriff shall revoke a provisional permit 228 issued under this subsection within twenty -four hours of 229 receipt of any report that identifies a disqualifying 230 record, and shall notify the concealed carry permit system 231 established under subsection 5 of section 650.350. The 232 revocation of a provisional permit issued under this section 233 shall be proscribed in a manner consistent to the denial and 234 review of an application under subsection 6 of this section. 235 6. The sheriff may refuse to approve an application 236 for a concealed carry permit if he or she determines that 237 SB 147 31 any of the requirements specified in subsection 2 of this 238 section have not been met, or if he or she has a substantial 239 and demonstrable reason to believ e that the applicant has 240 rendered a false statement regarding any of the provisions 241 of sections 571.101 to 571.121. If the applicant is found 242 to be ineligible, the sheriff is required to deny the 243 application, and notify the applicant in writing, stati ng 244 the grounds for denial and informing the applicant of the 245 right to submit, within thirty days, any additional 246 documentation relating to the grounds of the denial. Upon 247 receiving any additional documentation, the sheriff shall 248 reconsider his or her decision and inform the applicant 249 within thirty days of the result of the reconsideration. 250 The applicant shall further be informed in writing of the 251 right to appeal the denial pursuant to subsections 2, 3, 4, 252 and 5 of section 571.114. After two additional reviews and 253 denials by the sheriff, the person submitting the 254 application shall appeal the denial pursuant to subsections 255 2, 3, 4, and 5 of section 571.114. 256 7. If the application is approved, the sheriff shall 257 issue a concealed carry permi t to the applicant within a 258 period not to exceed three working days after his or her 259 approval of the application. The applicant shall sign the 260 concealed carry permit in the presence of the sheriff or his 261 or her designee. 262 8. The concealed carry p ermit shall specify only the 263 following information: 264 (1) Name, address, date of birth, gender, height, 265 weight, color of hair, color of eyes, and signature of the 266 permit holder; 267 (2) The signature of the sheriff issuing the permit; 268 (3) The date of issuance; and 269 SB 147 32 (4) The expiration date. 270 The permit shall be no larger than two and one -eighth inches 271 wide by three and three -eighths inches long and shall be of 272 a uniform style prescribed by the department of public 273 safety. The permit shall also be assigned a concealed carry 274 permit system county code and shall be stored in sequential 275 number. 276 9. (1) The sheriff shall keep a record of all 277 applications for a concealed carry permit or a provisional 278 permit and his or her action ther eon. Any record of an 279 application that is incomplete or denied for any reason 280 shall be kept for a period not to exceed one year. Any 281 record of an application that was approved shall be kept for 282 a period of one year after the expiration and nonrenewal of 283 the permit. 284 (2) The sheriff shall report the issuance of a 285 concealed carry permit or provisional permit to the 286 concealed carry permit system. All information on any such 287 permit that is protected information on any driver's or 288 nondriver's license shall have the same personal protection 289 for purposes of sections 571.101 to 571.121. An applicant's 290 status as a holder of a concealed carry permit, provisional 291 permit, or a concealed carry endorsement issued prior to 292 August 28, 2013, shall not b e public information and shall 293 be considered personal protected information. Information 294 retained in the concealed carry permit system under this 295 subsection shall not be distributed to any federal, state, 296 or private entities and shall only be made ava ilable for a 297 single entry query of an individual in the event the 298 individual is a subject of interest in an active criminal 299 investigation or is arrested for a crime. A sheriff may 300 SB 147 33 access the concealed carry permit system for administrative 301 purposes to issue a permit, verify the accuracy of permit 302 holder information, change the name or address of a permit 303 holder, suspend or revoke a permit, cancel an expired 304 permit, or cancel a permit upon receipt of a certified death 305 certificate for the permit hol der. Any person who violates 306 the provisions of this subdivision by disclosing protected 307 information shall be guilty of a class A misdemeanor. 308 10. Information regarding any holder of a concealed 309 carry permit, or a concealed carry endorsement issue d prior 310 to August 28, 2013, is a closed record. No bulk download or 311 batch data shall be distributed to any federal, state, or 312 private entity, except to MoSMART or a designee thereof. 313 Any state agency that has retained any documents or records, 314 including fingerprint records provided by an applicant for a 315 concealed carry endorsement prior to August 28, 2013, shall 316 destroy such documents or records, upon successful issuance 317 of a permit. 318 11. For processing an application for a concealed 319 carry permit pursuant to sections 571.101 to 571.121, the 320 sheriff in each county shall charge a nonrefundable fee not 321 to exceed one hundred dollars which shall be paid to the 322 treasury of the county to the credit of the sheriff's 323 revolving fund. This fee shall include the cost to 324 reimburse the Missouri state highway patrol for the costs of 325 fingerprinting and criminal background checks. An 326 additional fee shall be added to each credit card, debit 327 card, or other electronic transaction equal to the charge 328 paid by the state or the applicant for the use of the credit 329 card, debit card, or other electronic payment method by the 330 applicant. 331 SB 147 34 12. For processing a renewal for a concealed carry 332 permit pursuant to sections 571.101 to 571.121, the sheriff 333 in each county shall charge a nonrefundable fee not to 334 exceed fifty dollars which shall be paid to the treasury of 335 the county to the credit of the sheriff's revolving fund. 336 13. For the purposes of sections 571.101 to 571.121, 337 the term "sheriff" shall i nclude the sheriff of any county 338 or city not within a county or his or her designee and in 339 counties of the first classification the sheriff may 340 designate the chief of police of any city, town, or 341 municipality within such county. 342 14. For the purposes of this chapter, "concealed carry 343 permit" shall include any concealed carry endorsement issued 344 by the department of revenue before January 1, 2014, and any 345 concealed carry document issued by any sheriff or under the 346 authority of any sheriff after D ecember 31, 2013. 347 571.104. 1. A concealed carry endorsement issued 1 prior to August 28, 2013, shall be suspended or revoked if 2 the concealed carry endorsement holder becomes ineligible 3 for such endorsement under the criteria establis hed in 4 subdivisions (3), (4), (5), (8), and (11) of subsection 2 of 5 section 571.101 or upon the issuance of a valid full order 6 of protection. The following procedures shall be followed: 7 (1) When a valid full order of protection, or any 8 arrest warrant, discharge, or commitment for the reasons 9 listed in subdivision (3), (4), (5), (8), or (11) of 10 subsection 2 of section 571.101, is issued against a person 11 holding a concealed carry endorsement issued prior to August 12 28, 2013, upon notification of said order, warrant, 13 discharge or commitment or upon an order of a court of 14 competent jurisdiction in a criminal proceeding, a 15 commitment proceeding or a full order of protection 16 SB 147 35 proceeding ruling that a person holding a concealed carry 17 endorsement presents a risk of harm to themselves or others, 18 then upon notification of such order, the holder of the 19 concealed carry endorsement shall surrender the driver's 20 license or nondriver's license containing the concealed 21 carry endorsement to the court, off icer, or other official 22 serving the order, warrant, discharge, or commitment. The 23 official to whom the driver's license or nondriver's license 24 containing the concealed carry endorsement is surrendered 25 shall issue a receipt to the licensee for the lice nse upon a 26 form, approved by the director of revenue, that serves as a 27 driver's license or a nondriver's license and clearly states 28 the concealed carry endorsement has been suspended. The 29 official shall then transmit the driver's license or a 30 nondriver's license containing the concealed carry 31 endorsement to the circuit court of the county issuing the 32 order, warrant, discharge, or commitment. The concealed 33 carry endorsement issued prior to August 28, 2013, shall be 34 suspended until the order is ter minated or until the arrest 35 results in a dismissal of all charges. The official to whom 36 the endorsement is surrendered shall administratively 37 suspend the endorsement in the concealed carry permit system 38 established under subsection 5 of section 650.35 0 until such 39 time as the order is terminated or until the charges are 40 dismissed. Upon dismissal, the court holding the driver's 41 license or nondriver's license containing the concealed 42 carry endorsement shall return such license to the 43 individual, and the official to whom the endorsement was 44 surrendered shall administratively return the endorsement to 45 good standing within the concealed carry permit system. 46 (2) Any conviction, discharge, or commitment specified 47 in sections 571.101 to 571.121 sh all result in a 48 SB 147 36 revocation. Upon conviction, the court shall forward a 49 notice of conviction or action and the driver's license or 50 nondriver's license with the concealed carry endorsement to 51 the department of revenue. The department of revenue shall 52 notify the sheriff of the county which issued the 53 certificate of qualification for a concealed carry 54 endorsement. The sheriff who issued the certificate of 55 qualification prior to August 28, 2013, shall report the 56 change in status of the endorsement to the concealed carry 57 permit system established under subsection 5 of section 58 650.350. The director of revenue shall immediately remove 59 the endorsement issued prior to August 28, 2013, from the 60 individual's driving record within three days of the recei pt 61 of the notice from the court. The director of revenue shall 62 notify the licensee that he or she must apply for a new 63 license pursuant to chapter 302 which does not contain such 64 endorsement. This requirement does not affect the driving 65 privileges of the licensee. The notice issued by the 66 department of revenue shall be mailed to the last known 67 address shown on the individual's driving record. The 68 notice is deemed received three days after mailing. 69 2. A concealed carry permit issued pursuan t to 70 sections 571.101 to 571.121 after August 28, 2013, shall be 71 suspended or revoked if the concealed carry permit holder 72 becomes ineligible for such permit or endorsement under the 73 criteria established in subdivisions (3), (4), (5), (8), and 74 (11) of subsection 2 of section 571.101 or upon the issuance 75 of a valid full order of protection. The following 76 procedures shall be followed: 77 (1) When a valid full order of protection or any 78 arrest warrant, discharge, or commitment for the reasons 79 listed in subdivision (3), (4), (5), (8), or (11) of 80 SB 147 37 subsection 2 of section 571.101 is issued against a person 81 holding a concealed carry permit, upon notification of said 82 order, warrant, discharge, or commitment or upon an order of 83 a court of competent ju risdiction in a criminal proceeding, 84 a commitment proceeding, or a full order of protection 85 proceeding ruling that a person holding a concealed carry 86 permit presents a risk of harm to themselves or others, then 87 upon notification of such order, the hold er of the concealed 88 carry permit shall surrender the permit to the court, 89 officer, or other official serving the order, warrant, 90 discharge, or commitment. The permit shall be suspended 91 until the order is terminated or until the arrest results in 92 a dismissal of all charges. The official to whom the permit 93 is surrendered shall administratively suspend the permit in 94 the concealed carry permit system until the order is 95 terminated or the charges are dismissed. Upon dismissal, 96 the court holding the pe rmit shall return such permit to the 97 individual and the official to whom the permit was 98 surrendered shall administratively return the permit to good 99 standing within the concealed carry permit system; 100 (2) Any conviction, discharge, or commitment sp ecified 101 in sections 571.101 to 571.121 shall result in a 102 revocation. Upon conviction, the court shall forward a 103 notice of conviction or action and the permit to the issuing 104 county sheriff. The sheriff who issued the concealed carry 105 permit shall report the change in status of the concealed 106 carry permit to the concealed carry permit system. 107 3. A concealed carry permit shall be renewed for a 108 qualified applicant upon receipt of the properly completed 109 renewal application and the required renewal fee by the 110 issuing county sheriff [of the county of the applicant's 111 residence]. The renewal application shall contain the same 112 SB 147 38 required information as set forth in subsection 3 of section 113 571.101, except that in lieu of the fingerprint requirement 114 of subsection 5 of section 571.101 and the firearms safety 115 training, the applicant need only display his or her current 116 concealed carry permit. A name-based inquiry of the 117 National Instant Criminal Background Check System shall be 118 completed for each ren ewal application. The sheriff shall 119 review the results of the report from the National Instant 120 Criminal Background Check System, and when the sheriff has 121 determined the applicant has successfully completed all 122 renewal requirements and is not disqualif ied under any 123 provision of section 571.101, the sheriff shall issue a new 124 concealed carry permit which contains the date such permit 125 was renewed. The process for renewing a concealed carry 126 endorsement issued prior to August 28, 2013, shall be the 127 same as the process for renewing a permit, except that in 128 lieu of the fingerprint requirement of subsection 5 of 129 section 571.101 and the firearms safety training, the 130 applicant need only display his or her current driver's 131 license or nondriver's license c ontaining an endorsement. 132 Upon successful completion of all renewal requirements, the 133 sheriff shall issue a new concealed carry permit as provided 134 under this subsection. 135 4. A person who has been issued a concealed carry 136 permit, or a certificate of qualification for a concealed 137 carry endorsement prior to August 28, 2013, who fails to 138 file a renewal application for a concealed carry permit on 139 or before its expiration date must pay an additional late 140 fee of ten dollars per month for each month i t is expired 141 for up to six months. After six months, the sheriff who 142 issued the expired concealed carry permit or certificate of 143 qualification shall notify the concealed carry permit system 144 SB 147 39 that such permit is expired and cancelled. If the person 145 has a concealed carry endorsement issued prior to August 28, 146 2013, the sheriff who issued the certificate of 147 qualification for the endorsement shall notify the director 148 of revenue that such certificate is expired regardless of 149 whether the endorsement hol der has applied for a concealed 150 carry permit under subsection 3 of this section. The 151 director of revenue shall immediately remove such 152 endorsement from the individual's driving record and notify 153 the individual that his or her driver's license or 154 nondriver's license has expired. The notice shall be 155 conducted in the same manner as described in subsection 1 of 156 this section. Any person who has been issued a concealed 157 carry permit pursuant to sections 571.101 to 571.121, or a 158 concealed carry endorsem ent issued prior to August 28, 2013, 159 who fails to renew his or her application within the six - 160 month period must reapply for a new concealed carry permit 161 and pay the fee for a new application. 162 5. [Any person issued a concealed carry permit 163 pursuant to sections 571.101 to 571.121, or a concealed 164 carry endorsement issued prior to August 28, 2013, shall 165 notify the sheriff of the new jurisdiction of the permit or 166 endorsement holder's change of residence within thirty days 167 after the changing of a pe rmanent residence to a location 168 outside the county of permit issuance. The permit or 169 endorsement holder shall furnish proof to the sheriff in the 170 new jurisdiction that the permit or endorsement holder has 171 changed his or her residence. The sheriff in the new 172 jurisdiction shall notify the sheriff in the old 173 jurisdiction of the permit holder's change of address and 174 the sheriff in the old jurisdiction shall transfer any 175 information on file for the permit holder to the sheriff in 176 SB 147 40 the new jurisdiction within thirty days. The sheriff of the 177 new jurisdiction may charge a processing fee of not more 178 than ten dollars for any costs associated with notification 179 of a change in residence. The sheriff shall report the 180 residence change to the concealed carry permit system, take 181 possession and destroy the old permit, and then issue a new 182 permit to the permit holder. The new address shall be 183 accessible by the concealed carry permit system within three 184 days of receipt of the information. If the person has a 185 concealed carry endorsement issued prior to August 28, 2013, 186 the endorsement holder shall also furnish proof to the 187 department of revenue of his or her residence change. In 188 such cases, the change of residence shall be made by the 189 department of revenue onto the individual's driving record. 190 6.] Any person issued a concealed carry permit 191 pursuant to sections 571.101 to 571.121, or a concealed 192 carry endorsement issued prior to August 28, 2013, shall 193 notify the issuing sheriff or his or her desi gnee [of the 194 permit or endorsement holder's county or city of residence ] 195 within seven days after actual knowledge of the loss or 196 destruction of his or her permit or driver's license or 197 nondriver's license containing a concealed carry 198 endorsement. The permit or endorsement holder shall furnish 199 a statement to the sheriff that the permit or driver's 200 license or nondriver's license containing the concealed 201 carry endorsement has been lost or destroyed. After 202 notification of the loss or destruction of a permit or 203 driver's license or nondriver's license containing a 204 concealed carry endorsement, the sheriff may charge a 205 processing fee of ten dollars for costs associated with 206 replacing a lost or destroyed permit or driver's license or 207 nondriver's license containing a concealed carry endorsement 208 SB 147 41 and shall reissue a new concealed carry permit within three 209 working days of being notified by the concealed carry permit 210 or endorsement holder of its loss or destruction. The new 211 concealed carry permit shall contain the same personal 212 information, including expiration date, as the original 213 concealed carry permit. 214 [7.] 6. If a person issued a concealed carry permit, 215 or endorsement issued prior to August 28, 2013, changes his 216 or her name, the person to whom the permit or endorsement 217 was issued shall obtain a corrected or new concealed carry 218 permit with a change of name from the sheriff who issued the 219 original concealed carry permit or the original certificate 220 of qualification for an endorsement upon the sheriff's 221 verification of the name change. The sheriff may charge a 222 processing fee of not more than ten dollars for any costs 223 associated with obtaining a corrected or new concealed carry 224 permit. The permit or endorsement holder shall furnish 225 proof of the name change to the sheriff within thirty days 226 of changing his or her name and display his or her concealed 227 carry permit or current driver's license or nondriver's 228 license containing a concealed carry endorsement. The 229 sheriff shall report th e name change to the concealed carry 230 permit system, and the new name shall be accessible by the 231 concealed carry permit system within three days of receipt 232 of the information. 233 [8.] 7. The person with a concealed carry permit, or 234 endorsement issued prior to August 28, 2013, shall notify 235 the sheriff of a name [or address change] within thirty days 236 of the change. A concealed carry permit and, if applicable, 237 endorsement shall be automatically invalid after one hundred 238 eighty days if the permit or endorsement holder has changed 239 his or her name [or changed his or her residence ] and not 240 SB 147 42 notified the sheriff as required in subsections [5 and 7] 6 241 of this section. The sheriff shall assess a late penalty of 242 ten dollars per month for each month, up t o six months and 243 not to exceed sixty dollars, for the failure to notify the 244 sheriff of the change of name [or address] within thirty 245 days. 246 [9.] 8. (1) As used in this subsection, the term 247 "active military member" means any person who is on activ e 248 duty in the United States Armed Forces, on active state 249 duty, on full-time National Guard duty under Title 32 of the 250 United States Code. 251 (2) Notwithstanding any provision of this section to 252 the contrary, if a concealed carry permit, or endorsem ent 253 issued prior to August 28, 2013, expires while the person 254 issued the permit or endorsement is an active military 255 member, the permit shall be renewed if the person completes 256 the renewal requirements under subsection 3 of this section 257 within two months of returning to Missouri after discharge 258 from such duty or recovery from such incapacitation. Once 259 the two-month period has expired, the provisions of 260 subsection 4 of this section shall apply except the 261 penalties shall begin to accrue upon the exp iration of the 262 two-month period described in this subsection rather than on 263 the expiration date of the permit or endorsement. 264 (3) Beginning August 28, 2020, an active military 265 member may complete the renewal of his or her endorsement or 266 permit under subdivision (2) of this subsection by mail. To 267 renew an endorsement or permit by mail, an active military 268 member shall mail to the sheriff who issued his or her 269 permit a renewal application, a copy of his or her current 270 concealed carry permit, a m ilitary identification acceptable 271 for in-person renewal of permits, and the renewal fee. The 272 SB 147 43 active military member may pick up the renewed permit in 273 person or may request the permit be mailed to a provided 274 address by certified mail. The sheriff may require the 275 active military member to pay the postage and insurance 276 costs associated with mailing the permit, but the costs 277 shall not exceed ten dollars. 278 571.107. 1. A concealed carry permit issued pursuant 1 to sections 571.101 to 5 71.121, a valid lifetime or extended 2 concealed carry permit issued under sections 571.205 to 3 571.230, a valid concealed carry endorsement issued prior to 4 August 28, 2013, or a concealed carry endorsement or permit 5 issued by another state or political s ubdivision of another 6 state shall authorize the person in whose name the permit or 7 endorsement is issued to carry concealed firearms on or 8 about his or her person or vehicle throughout the state. No 9 concealed carry permit issued pursuant to sections 5 71.101 10 to 571.121, valid lifetime or extended concealed carry 11 permit issued under sections 571.205 to 571.230, valid 12 concealed carry endorsement issued prior to August 28, 2013, 13 or a concealed carry endorsement or permit issued by another 14 state or political subdivision of another state shall 15 authorize any person to carry concealed firearms or knuckles 16 into: 17 (1) Any police, sheriff, or highway patrol office or 18 station without the consent of the chief law enforcement 19 officer in charge of that o ffice or station[. Possession of 20 a firearm in a vehicle on the premises of the office or 21 station shall not be a criminal offense so long as the 22 firearm is not removed from the vehicle or brandished while 23 the vehicle is on the premises; 24 (2) Within twenty-five feet of any polling place on 25 any election day. Possession of a firearm in a vehicle on 26 SB 147 44 the premises of the polling place shall not be a criminal 27 offense so long as the firearm is not removed from the 28 vehicle or brandished while the vehicl e is on the premises ]; 29 [(3)] (2) The facility of any adult or juvenile 30 detention or correctional institution, prison or jail [. 31 Possession of a firearm in a vehicle on the premises of any 32 adult, juvenile detention, or correctional institution, 33 prison or jail shall not be a criminal offense so long as 34 the firearm is not removed from the vehicle or brandished 35 while the vehicle is on the premises ]; 36 [(4)] (3) Any courthouse solely occupied by the 37 municipal, circuit, appellate, or supreme court[,] or any 38 courtrooms, administrative offices, libraries , or other 39 rooms of any such court [whether or not] regardless of 40 whether such court solely occupies the building in question 41 unless the person has the consent of the presiding judge . 42 This subdivision shall also include, but not be limited to, 43 any juvenile, family, drug, or other court offices, any room 44 or office wherein any of the courts or offices listed in 45 this subdivision are temporarily conducting any business 46 within the jurisdiction of such courts or offices [, and such 47 other locations in such manner as may be specified by 48 supreme court rule pursuant to subdivision (6) of this 49 subsection]. Nothing in this subdivision shall preclude 50 those persons listed in subdivision (1) of subsecti on 2 of 51 section 571.030 while within their jurisdiction and on 52 duty[,] or those persons listed in subdivisions (2), (4), 53 and (10) of subsection 2 of section 571.030 [, or such other 54 persons who serve in a law enforcement capacity for a court 55 as may be specified by supreme court rule pursuant to 56 subdivision (6) of this subsection ] from carrying a 57 concealed firearm within any of the areas described in this 58 SB 147 45 subdivision[. Possession of a firearm in a vehicle on the 59 premises of any of the areas listed i n this subdivision 60 shall not be a criminal offense so long as the firearm is 61 not removed from the vehicle or brandished while the vehicle 62 is on the premises; 63 (5) Any meeting of the governing body of a unit of 64 local government; or any meeting of t he general assembly or 65 a committee of the general assembly, except that nothing in 66 this subdivision shall preclude a member of the body holding 67 a valid concealed carry permit or endorsement from carrying 68 a concealed firearm at a meeting of the body whi ch he or she 69 is a member. Possession of a firearm in a vehicle on the 70 premises shall not be a criminal offense so long as the 71 firearm is not removed from the vehicle or brandished while 72 the vehicle is on the premises. Nothing in this subdivision 73 shall preclude a member of the general assembly, a full -time 74 employee of the general assembly employed under Section 17, 75 Article III, Constitution of Missouri, legislative employees 76 of the general assembly as determined under section 21.155, 77 or statewide elected officials and their employees, holding 78 a valid concealed carry permit or endorsement, from carrying 79 a concealed firearm in the state capitol building or at a 80 meeting whether of the full body of a house of the general 81 assembly or a committee the reof, that is held in the state 82 capitol building; 83 (6) The general assembly, supreme court, county or 84 municipality may by rule, administrative regulation, or 85 ordinance prohibit or limit the carrying of concealed 86 firearms by permit or endorsement h olders in that portion of 87 a building owned, leased or controlled by that unit of 88 government. Any portion of a building in which the carrying 89 of concealed firearms is prohibited or limited shall be 90 SB 147 46 clearly identified by signs posted at the entrance to the 91 restricted area. The statute, rule or ordinance shall 92 exempt any building used for public housing by private 93 persons, highways or rest areas, firing ranges, and private 94 dwellings owned, leased, or controlled by that unit of 95 government from any re striction on the carrying or 96 possession of a firearm. The statute, rule or ordinance 97 shall not specify any criminal penalty for its violation but 98 may specify that persons violating the statute, rule or 99 ordinance may be denied entrance to the building, ordered to 100 leave the building and if employees of the unit of 101 government, be subjected to disciplinary measures for 102 violation of the provisions of the statute, rule or 103 ordinance. The provisions of this subdivision shall not 104 apply to any other unit o f government; 105 (7) Any establishment licensed to dispense 106 intoxicating liquor for consumption on the premises, which 107 portion is primarily devoted to that purpose, without the 108 consent of the owner or manager. The provisions of this 109 subdivision shall not apply to the licensee of said 110 establishment. The provisions of this subdivision shall not 111 apply to any bona fide restaurant open to the general public 112 having dining facilities for not less than fifty persons and 113 that receives at least fifty -one percent of its gross annual 114 income from the dining facilities by the sale of food. This 115 subdivision does not prohibit the possession of a firearm in 116 a vehicle on the premises of the establishment and shall not 117 be a criminal offense so long as the fir earm is not removed 118 from the vehicle or brandished while the vehicle is on the 119 premises. Nothing in this subdivision authorizes any 120 individual who has been issued a concealed carry permit or 121 endorsement to possess any firearm while intoxicated ]; 122 SB 147 47 [(8)] (4) Any area of an airport to which access is 123 controlled by the inspection of persons and property [. 124 Possession of a firearm in a vehicle on the premises of the 125 airport shall not be a criminal offense so long as the 126 firearm is not removed from the vehicle or brandished while 127 the vehicle is on the premises ]; 128 [(9)] (5) Any place where the carrying of a firearm is 129 prohibited by federal law; 130 [(10)] (6) Any [higher education institution or ] 131 public elementary or secondary school facilit y without the 132 consent of [the governing body of the higher education 133 institution or] a school official or the district school 134 board, unless the person with the concealed carry 135 endorsement or permit is a teacher or administrator of an 136 elementary or secondary school who has been designated by 137 his or her school district as a school protection officer 138 and is carrying a firearm in a school within that district, 139 in which case no consent is required [. Possession of a 140 firearm in a vehicle on the premises of any higher education 141 institution or elementary or secondary school facility shall 142 not be a criminal offense so long as the firearm is not 143 removed from the vehicle or brandished while the vehicle is 144 on the premises; 145 (11) Any portion of a buildi ng used as a child care 146 facility without the consent of the manager. Nothing in 147 this subdivision shall prevent the operator of a child care 148 facility in a family home from owning or possessing a 149 firearm or a concealed carry permit or endorsement; 150 (12) Any riverboat gambling operation accessible by 151 the public without the consent of the owner or manager 152 pursuant to rules promulgated by the gaming commission. 153 Possession of a firearm in a vehicle on the premises of a 154 SB 147 48 riverboat gambling operation shall not be a criminal offense 155 so long as the firearm is not removed from the vehicle or 156 brandished while the vehicle is on the premises; 157 (13) Any gated area of an amusement park. Possession 158 of a firearm in a vehicle on the premises of the amuse ment 159 park shall not be a criminal offense so long as the firearm 160 is not removed from the vehicle or brandished while the 161 vehicle is on the premises; 162 (14) Any church or other place of religious worship 163 without the consent of the minister or person or persons 164 representing the religious organization that exercises 165 control over the place of religious worship. Possession of 166 a firearm in a vehicle on the premises shall not be a 167 criminal offense so long as the firearm is not removed from 168 the vehicle or brandished while the vehicle is on the 169 premises]; 170 [(15)] (7) Any private property whose owner has posted 171 the premises as being off -limits to concealed firearms by 172 means of one or more signs displayed in a conspicuous place 173 of a minimum size of eleven inches by fourteen inches with 174 the writing thereon in letters of not less than one inch. 175 The owner, business or commercial lessee, manager of a 176 private business enterprise, or any other organization, 177 entity, or person may prohibit persons ho lding a concealed 178 carry permit or endorsement from carrying concealed firearms 179 on the premises and may prohibit employees, not authorized 180 by the employer, holding a concealed carry permit or 181 endorsement from carrying concealed firearms on the property 182 of the employer. If the building or the premises are open 183 to the public, the employer of the business enterprise shall 184 post signs on or about the premises if carrying a concealed 185 firearm is prohibited. [Possession of a firearm in a 186 SB 147 49 vehicle on the premises shall not be a criminal offense so 187 long as the firearm is not removed from the vehicle or 188 brandished while the vehicle is on the premises. ] An 189 employer may prohibit employees or other persons holding a 190 concealed carry permit or endorsement from carrying a 191 concealed firearm in vehicles owned by the employer; or 192 [(16)] (8) Any sports arena or stadium with a seating 193 capacity of five thousand or more that is under the 194 management of or leased to a private entity, including a 195 professional sports team. [Possession of a firearm in a 196 vehicle on the premises shall not be a criminal offense so 197 long as the firearm is not removed from the vehicle or 198 brandished while the vehicle is on the premises; 199 (17) Any hospital accessible by the public . 200 Possession of a firearm in a vehicle on the premises of a 201 hospital shall not be a criminal offense so long as the 202 firearm is not removed from the vehicle or brandished while 203 the vehicle is on the premises. ] 204 2. Carrying of a concealed firearm or knuckles in a 205 location specified in subdivisions (1) to [(17)] (8) of 206 subsection 1 of this section by any individual who holds a 207 concealed carry permit issued pursuant to sections 571.101 208 to 571.121, a valid lifetime or extended concealed carry 209 permit issued under sections 571.205 to 571.230, or a 210 concealed carry endorsement issued prior to August 28, 2013, 211 shall not be a criminal act but may subject the person to 212 denial to the premises or removal from the premises. If 213 such person refuses to lea ve the premises and a peace 214 officer is summoned, such person may be issued a citation 215 for an amount not to exceed one hundred dollars for the 216 first offense. If a second citation for a similar violation 217 occurs within a six-month period, such person sha ll be fined 218 SB 147 50 an amount not to exceed two hundred dollars and his or her 219 concealed carry permit, [and] or, if applicable, his or her 220 endorsement to carry concealed firearms , shall be suspended 221 for a period of one year. If a third citation for a similar 222 violation is issued within one year of the first citation, 223 such person shall be fined an amount not to exceed five 224 hundred dollars and shall have his or her concealed carry 225 permit, [and] or, if applicable, his or her endorsement, 226 revoked and such pers on shall not be eligible for a 227 concealed carry permit for a period of three years. Upon 228 conviction of charges arising from a citation issued 229 pursuant to this subsection, the court shall notify the 230 sheriff of the county which issued the concealed carry 231 permit, or, if the person is a holder of a concealed carry 232 endorsement issued prior to August 28, 2013, the court shall 233 notify the sheriff of the county which issued the 234 certificate of qualification for a concealed carry 235 endorsement and the departmen t of revenue. The sheriff 236 shall suspend or revoke the concealed carry permit or, if 237 applicable, the certificate of qualification for a concealed 238 carry endorsement. If the person holds an endorsement, the 239 department of revenue shall issue a notice of such 240 suspension or revocation of the concealed carry endorsement 241 and take action to remove the concealed carry endorsement 242 from the individual's driving record. The director of 243 revenue shall notify the licensee that he or she must apply 244 for a new license pursuant to chapter 302 which does not 245 contain such endorsement. The notice issued by the 246 department of revenue shall be mailed to the last known 247 address shown on the individual's driving record. The 248 notice is deemed received three days after ma iling. 249 SB 147 51 3. Notwithstanding any provision of subsection 1 of 250 this section or any other law to the contrary, the 251 provisions of this section shall not prohibit a person from 252 carrying a concealed firearm in a vehicle on any premises 253 listed under subdivisions (1) to (8) of subsection 1 of this 254 section, except if prohibited by federal law, so long as the 255 firearm is not removed from the vehicle or brandished while 256 the vehicle is in or on the listed premises. 257 571.108. Notwithstanding any other provision of law to 1 the contrary, neither the state nor any county, city, town, 2 village, municipality, or other political subdivision of 3 this state shall impose any rule, policy, ordinance, 4 contractual requirement, or agreement of any type t hat 5 prohibits any employee of such entity who holds a concealed 6 carry permit issued under sections 571.101 to 571.121, a 7 valid lifetime or extended concealed carry permit issued 8 under sections 571.205 to 571.230, a valid concealed carry 9 endorsement issued prior to August 28, 2013, or a concealed 10 carry endorsement or permit issued by another state or 11 political subdivision of another state from carrying a 12 concealed weapon in any area in which such person is 13 authorized to carry a concealed weapon unde r this chapter. 14 571.109. 1. Notwithstanding any provision of law to 1 the contrary, a public institution of higher education shall 2 be allowed to construct policies regarding concealed carry 3 permits or endorsements issued under section s 571.101 to 4 571.121, valid lifetime or extended concealed carry permits 5 issued under sections 571.205 to 571.230, valid concealed 6 carry endorsements issued prior to August 28, 2013, or 7 concealed carry endorsements or permits issued by another 8 state or political subdivision of another state, but such 9 policies shall not generally prohibit or have the effect of 10 SB 147 52 generally prohibiting the carrying, chambering, or active 11 operation or storage of a concealed firearm on the campus of 12 such institution. 13 2. No institution of higher education shall impose any 14 contractual requirement or condition of employment upon any 15 employee, faculty member, or student that generally 16 prohibits or has the effect of generally prohibiting the 17 lawful possession or carry of firearms by such persons, nor 18 shall such institution impose any taxes, fees, or other 19 monetary charges as a condition for the lawful possession or 20 carry of firearms under the provisions of this chapter. 21 571.205. 1. Upon request and payment of the required 1 fee, the sheriff shall issue a concealed carry permit that 2 is valid through the state of Missouri for the lifetime of 3 the permit holder to a Missouri resident who meets the 4 requirements of sections 571.205 to 571.230, known as a 5 Missouri lifetime concealed carry permit. A person may also 6 request, and the sheriff shall issue upon payment of the 7 required fee, a concealed carry permit that is valid through 8 the state of Missouri for a period of either ten years or 9 twenty-five years from the date of issuance or renewal to a 10 Missouri resident who meets the requirements of sections 11 571.205 to 571.230, unless the permit expires during a 12 declared state of emergency as provided in chapter 44, then 13 the lifetime or extended conc ealed carry permit shall be 14 valid until the order has been rescinded . Such permit shall 15 be known as a Missouri extended concealed carry permit. A 16 person issued a Missouri lifetime or extended concealed 17 carry permit shall be required to comply with th e provisions 18 of sections 571.205 to 571.230. If the applicant can show 19 qualification as provided by sections 571.205 to 571.230, 20 the sheriff shall issue a Missouri lifetime or extended 21 SB 147 53 concealed carry permit authorizing the carrying of a 22 concealed firearm on or about the applicant's person or 23 within a vehicle. 24 2. A Missouri lifetime or extended concealed carry 25 permit shall be suspended if the permit holder becomes a 26 resident of another state. The permit may be reactivated 27 upon reestablishment of Missouri residency if the applicant 28 meets the requirements of sections 571.205 to 571.230, and 29 upon successful completion of a name -based inquiry of the 30 National Instant Background Check System. 31 3. A Missouri lifetime or extended concealed c arry 32 permit shall be issued by [the] any sheriff or his or her 33 designee [of the county or city in which the applicant 34 resides,] if the applicant: 35 (1) Is at least nineteen years of age, is a citizen or 36 permanent resident of the United States and h as assumed 37 residency in this state, or is at least eighteen years of 38 age and a member of the United States Armed Forces or 39 honorably discharged from the United States Armed Forces, 40 and is a citizen of the United States and has assumed 41 residency in this state; 42 (2) Has not pled guilty to or entered a plea of nolo 43 contendere or been convicted of a crime punishable by 44 imprisonment for a term exceeding one year under the laws of 45 any state or of the United States, other than a crime 46 classified as a misdemeanor under the laws of any state and 47 punishable by a term of imprisonment of two years or less 48 that does not involve an explosive weapon, firearm, firearm 49 silencer, or gas gun; 50 (3) Has not been convicted of, pled guilty to or 51 entered a plea of nolo contendere to one or more misdemeanor 52 offenses involving crimes of violence within a five -year 53 SB 147 54 period immediately preceding application for a Missouri 54 lifetime or extended concealed carry permit or if the 55 applicant has not been convicted of two or more misdemeanor 56 offenses involving driving while under the influence of 57 intoxicating liquor or drugs or the possession or abuse of a 58 controlled substance within a five -year period immediately 59 preceding application for a Missouri lifetime or ext ended 60 concealed carry permit; 61 (4) Is not a fugitive from justice or currently 62 charged in an information or indictment with the commission 63 of a crime punishable by imprisonment for a term exceeding 64 one year under the laws of any state of the Unite d States, 65 other than a crime classified as a misdemeanor under the 66 laws of any state and punishable by a term of imprisonment 67 of two years or less that does not involve an explosive 68 weapon, firearm, firearm silencer, or gas gun; 69 (5) Has not been discharged under dishonorable 70 conditions from the United States Armed Forces; 71 (6) Has not engaged in a pattern of behavior, 72 documented in public or closed records, that causes the 73 sheriff to have a reasonable belief that the applicant 74 presents a danger to himself or herself or others; 75 (7) Is not adjudged mentally incompetent at the time 76 of application or for five years prior to application, or 77 has not been committed to a mental health facility, as 78 defined in section 632.005, or a similar institution located 79 in another state following a hearing at which the defendant 80 was represented by counsel or a representative; 81 (8) Submits a completed application for a permit as 82 described in subsection 4 of this section; 83 SB 147 55 (9) Submits an affidavit attesting that the applicant 84 complies with the concealed carry safety training 85 requirement under subsections 1 and 2 of section 571.111; 86 (10) Is not the respondent of a valid full order of 87 protection which is still in effect; 88 (11) Is not otherwise prohibited from possessing a 89 firearm under section 571.070 or 18 U.S.C. Section 922(g). 90 4. The application for a Missouri lifetime or extended 91 concealed carry permit issued by the sheriff [of the county 92 of the applicant's residence ] shall contain only the 93 following information: 94 (1) The applicant's name, address, telephone number, 95 gender, date and place of birth, and, if the applicant is 96 not a United States citizen, the applicant's country of 97 citizenship and any alien or admi ssion number issued by the 98 United States Immigration and Customs Enforcement or any 99 successor agency; 100 (2) An affirmation that the applicant has assumed 101 residency in Missouri and is a citizen or permanent resident 102 of the United States; 103 (3) An affirmation that the applicant is at least 104 nineteen years of age or is eighteen years of age or older 105 and a member of the United States Armed Forces or honorably 106 discharged from the United States Armed Forces; 107 (4) An affirmation that the applica nt has not pled 108 guilty to or been convicted of a crime punishable by 109 imprisonment for a term exceeding one year under the laws of 110 any state or of the United States other than a crime 111 classified as a misdemeanor under the laws of any state and 112 punishable by a term of imprisonment of two years or less 113 that does not involve an explosive weapon, firearm, firearm 114 silencer, or gas gun; 115 SB 147 56 (5) An affirmation that the applicant has not been 116 convicted of, pled guilty to, or entered a plea of nolo 117 contendere to one or more misdemeanor offenses involving 118 crimes of violence within a five -year period immediately 119 preceding application for a permit or that the applicant has 120 not been convicted of two or more misdemeanor offenses 121 involving driving while under the influence of intoxicating 122 liquor or drugs or the possession or abuse of a controlled 123 substance within a five -year period immediately preceding 124 application for a permit; 125 (6) An affirmation that the applicant is not a 126 fugitive from justice or currently charged in an information 127 or indictment with the commission of a crime punishable by 128 imprisonment for a term exceeding one year under the laws of 129 any state or of the United States other than a crime 130 classified as a misdemeanor under the laws of any state and 131 punishable by a term of imprisonment of two years or less 132 that does not involve an explosive weapon, firearm, firearm 133 silencer, or gas gun; 134 (7) An affirmation that the applicant has not been 135 discharged under dishonorable conditio ns from the United 136 States Armed Forces; 137 (8) An affirmation that the applicant is not adjudged 138 mentally incompetent at the time of application or for five 139 years prior to application, or has not been committed to a 140 mental health facility, as define d in section 632.005, or a 141 similar institution located in another state, except that a 142 person whose release or discharge from a facility in this 143 state under chapter 632, or a similar discharge from a 144 facility in another state, occurred more than five y ears ago 145 without subsequent recommitment may apply; 146 SB 147 57 (9) An affirmation that the applicant has received 147 firearms safety training that meets the standards of 148 applicant firearms safety training defined in subsection 1 149 or 2 of section 571.111; 150 (10) An affirmation that the applicant, to the 151 applicant's best knowledge and belief, is not the respondent 152 of a valid full order of protection which is still in effect; 153 (11) A conspicuous warning that false statements made 154 by the applicant will r esult in prosecution for perjury 155 under the laws of the state of Missouri; and 156 (12) A government-issued photo identification. This 157 photograph shall not be included on the permit and shall 158 only be used to verify the person's identity for the 159 issuance of a new permit, issuance of a new permit due to 160 change of name or address, renewal of an extended permit, or 161 for a lost or destroyed permit, or reactivation under 162 subsection 2 of this section. 163 5. An application for a Missouri lifetime or exte nded 164 concealed carry permit shall be made to the sheriff [of the 165 county in which the applicant resides ] in this state. An 166 application shall be filed in writing, signed under oath and 167 under the penalties of perjury, and shall state whether the 168 applicant complies with each of the requirements specified 169 in subsection 3 of this section. In addition to the 170 completed application, the applicant for a Missouri lifetime 171 or extended concealed carry permit shall also submit the 172 following: 173 (1) A photocopy of a firearms safety training 174 certificate of completion or other evidence of completion of 175 a firearms safety training course that meets the standards 176 established in subsection 1 or 2 of section 571.111; and 177 SB 147 58 (2) A nonrefundable permit fee as pr ovided by 178 subsection 12 of this section. 179 6. (1) Before an application for a Missouri lifetime 180 or extended concealed carry permit is approved, the sheriff 181 shall make only such inquiries as he or she deems necessary 182 into the accuracy of the statem ents made in the 183 application. The sheriff may require that the applicant 184 display a Missouri driver's license or nondriver's license 185 or military identification. No biometric data shall be 186 collected from the applicant. The sheriff shall conduct an 187 inquiry of the National Instant Criminal Background Check 188 System within three working days after submission of the 189 properly completed application for a Missouri lifetime or 190 extended concealed carry permit. Upon receipt of the 191 completed report from the N ational Instant Criminal 192 Background Check System, the sheriff shall examine the 193 results and, if no disqualifying information is identified, 194 shall issue a Missouri lifetime or extended concealed carry 195 permit within three working days. 196 (2) In the event the report from the National Instant 197 Criminal Background Check System and the response from the 198 Federal Bureau of Investigation national criminal history 199 record check prescribed by subdivision (1) of this 200 subsection are not completed within forty -five calendar days 201 and no disqualifying information concerning the applicant 202 has otherwise come to the sheriff's attention, the sheriff 203 shall issue a provisional permit, clearly designated on the 204 certificate as such, which the applicant shall sign in t he 205 presence of the sheriff or the sheriff's designee. This 206 permit, when carried with a valid Missouri driver's or 207 nondriver's license, shall permit the applicant to exercise 208 the same rights in accordance with the same conditions as 209 SB 147 59 pertain to a Missouri lifetime or extended concealed carry 210 permit issued under this section, provided that it shall not 211 serve as an alternative to a national instant criminal 212 background check required by 18 U.S.C. Section 922(t). The 213 provisional permit shall remain val id until such time as the 214 sheriff either issues or denies the permit under subsection 215 7 or 8 of this section. The sheriff shall revoke a 216 provisional permit issued under this subsection within 217 twenty-four hours of receipt of any report that identifies a 218 disqualifying record, and shall notify the concealed carry 219 permit system established under subsection 5 of section 220 650.350. The revocation of a provisional permit issued 221 under this section shall be prescribed in a manner 222 consistent to the denial an d review of an application under 223 subsection 7 of this section. 224 7. The sheriff may refuse to approve an application 225 for a Missouri lifetime or extended concealed carry permit 226 if he or she determines that any of the requirements 227 specified in subsection 3 of this section have not been met, 228 or if he or she has a substantial and demonstrable reason to 229 believe that the applicant has rendered a false statement 230 regarding any of the provisions of sections 571.205 to 231 571.230. If the applicant is found to be ineligible, the 232 sheriff is required to deny the application, and notify the 233 applicant in writing, stating the grounds for denial and 234 informing the applicant of the right to submit, within 235 thirty days, any additional documentation relating to the 236 grounds of the denial. Upon receiving any additional 237 documentation, the sheriff shall reconsider his or her 238 decision and inform the applicant within thirty days of the 239 result of the reconsideration. The applicant shall further 240 be informed in writing of the right to appeal the denial 241 SB 147 60 under section 571.220. After two additional reviews and 242 denials by the sheriff, the person submitting the 243 application shall appeal the denial under section 571.220. 244 8. If the application is approved, the sheriff shall 245 issue a Missouri lifetime or extended concealed carry permit 246 to the applicant within a period not to exceed three working 247 days after his or her approval of the application. The 248 applicant shall sign the Missouri lifetime or extended 249 concealed carry permit in the presence of the sheriff or his 250 or her designee. 251 9. The Missouri lifetime or extended concealed carry 252 permit shall specify only the following information: 253 (1) Name, address, date of birth, gender, height, 254 weight, color of hair, color of eyes, and signature of the 255 permit holder; 256 (2) The signature of the sheriff issuing the permit; 257 (3) The date of issuance; 258 (4) A clear statement indicating that the permit is 259 only valid within the state of Missouri; and 260 (5) If the permit is a Missouri extended concealed 261 carry permit, the expiration date. 262 The permit shall be no larger than two and one -eighth inches 263 wide by three and three -eighths inches long and shall be of 264 a uniform style prescribed by the department of public 265 safety. The permit shall also be assigned a concealed carry 266 permit system county code and shall be stored in sequential 267 number. 268 10. (1) The sheriff shall keep a record of all 269 applications for a Missouri lifetime or extended concealed 270 carry permit or a provisional permit and his or her action 271 thereon. Any record of an application that is incomplete or 272 SB 147 61 denied for any reason shall be kept for a period not to 273 exceed one year. 274 (2) The sheriff shall report the issuance of a 275 Missouri lifetime or extended concealed carry permit or 276 provisional permit to the concealed carry permit system. 277 All information on any such permit that is protected 278 information on any driver's or nondriver's license shall 279 have the same personal protectio n for purposes of sections 280 571.205 to 571.230. An applicant's status as a holder of a 281 Missouri lifetime or extended concealed carry permit or 282 provisional permit shall not be public information and shall 283 be considered personal protected information. Information 284 retained in the concealed carry permit system under this 285 subsection shall not be distributed to any federal, state, 286 or private entities and shall only be made available for a 287 single entry query of an individual in the event the 288 individual is a subject of interest in an active criminal 289 investigation or is arrested for a crime. A sheriff may 290 access the concealed carry permit system for administrative 291 purposes to issue a permit, verify the accuracy of permit 292 holder information, change the name or address of a permit 293 holder, suspend or revoke a permit, cancel an expired 294 permit, or cancel a permit upon receipt of a certified death 295 certificate for the permit holder. Any person who violates 296 the provisions of this subdivision by disclosing protected 297 information shall be guilty of a class A misdemeanor. 298 11. Information regarding any holder of a Missouri 299 lifetime or extended concealed carry permit is a closed 300 record. No bulk download or batch data shall be distributed 301 to any federal, state, or private entity, except to MoSMART 302 or a designee thereof. 303 SB 147 62 12. For processing an application, the sheriff in each 304 county shall charge a nonrefundable fee not to exceed: 305 (1) Two hundred dollars for a new Missouri extended 306 concealed carry permit that is valid for ten years from the 307 date of issuance or renewal; 308 (2) Two hundred fifty dollars for a new Missouri 309 extended concealed carry permit that is valid for twenty - 310 five years from the date of issuance or renewal; 311 (3) Fifty dollars for a renewal of a Missouri extended 312 concealed carry permit; 313 (4) Five hundred dollars for a Missouri lifetime 314 concealed carry permit, 315 which shall be paid to the treasury of the county to the 316 credit of the sheriff's revolving fund. 317 571.210. 1. A Missouri lifetime or extended concealed 1 carry permit issued under sections 571.205 to 571.230 shall 2 be suspended or revoked if the Missouri lifetime or extended 3 concealed carry permit holder becomes ineligible for suc h 4 permit under the criteria established in subdivision (2), 5 (3), (4), (5), (7), or (10) of subsection 3 of section 6 571.205. The following procedures shall be followed: 7 (1) When a valid full order of protection or any 8 arrest warrant, discharge, o r commitment for the reasons 9 listed in subdivision (2), (3), (4), (5), (7), or (10) of 10 subsection 3 of section 571.205 is issued against a person 11 holding a Missouri lifetime or extended concealed carry 12 permit, upon notification of said order, warrant, discharge, 13 or commitment or upon an order of a court of competent 14 jurisdiction in a criminal proceeding, a commitment 15 proceeding, or a full order of protection proceeding ruling 16 that a person holding a Missouri lifetime or extended 17 SB 147 63 concealed carry permit presents a risk of harm to themselves 18 or others, then upon notification of such order, the holder 19 of the Missouri lifetime or extended concealed carry permit 20 shall surrender the permit to the court, officer, or other 21 official serving the order, war rant, discharge, or 22 commitment. The permit shall be suspended until the order 23 is terminated or until the arrest results in a dismissal of 24 all charges. The official to whom the permit is surrendered 25 shall administratively suspend the permit in the con cealed 26 carry permit system until the order is terminated or the 27 charges are dismissed. Upon dismissal, the court holding 28 the permit shall return such permit to the individual and 29 the official to whom the permit was surrendered shall 30 administratively return the permit to good standing within 31 the concealed carry permit system; 32 (2) Any conviction, discharge, or commitment specified 33 in sections 571.205 to 571.230 shall result in a 34 revocation. Upon conviction, the court shall forward a 35 notice of conviction or action and the permit to the issuing 36 county sheriff. The sheriff who issued the Missouri 37 lifetime or extended concealed carry permit shall report the 38 change in status of the concealed carry permit to the 39 concealed carry permit system. 40 2. A Missouri lifetime or extended concealed carry 41 permit shall be reactivated for a qualified applicant upon 42 receipt of the properly completed application by the issuing 43 sheriff [of the county of the applicant's residence ] and in 44 accordance with subsection 2 of section 571.205. A name- 45 based inquiry of the National Instant Criminal Background 46 Check System shall be completed for each reactivation 47 application. The sheriff shall review the results of the 48 report from the National Instant Criminal Background Check 49 SB 147 64 System, and when the sheriff has determined the applicant 50 has successfully completed all reactivation requirements and 51 is not disqualified under any provision of section 571.205, 52 the sheriff shall issue a new Missouri lifetime or exte nded 53 concealed carry permit, which contains the date such permit 54 was reactivated. 55 3. Any person issued a Missouri lifetime or extended 56 concealed carry permit shall notify the sheriff or his or 57 her designee where the permit was issued within seven days 58 after actual knowledge of the loss or destruction of his or 59 her permit. The permit holder shall furnish a statement to 60 the sheriff that the permit has been lost or destroyed. 61 After notification of the loss or destruction of a permit, 62 the sheriff may charge a processing fee of ten dollars for 63 costs associated with replacing a lost or destroyed permit 64 and shall reissue a new Missouri lifetime or extended 65 concealed carry permit within three working days of being 66 notified by the permit holder o f its loss or destruction. 67 The new Missouri lifetime or extended concealed carry permit 68 shall contain the same personal information as the original 69 concealed carry permit. 70 4. If a person issued a Missouri lifetime or extended 71 concealed carry permit changes his or her name, the person 72 to whom the permit was issued shall obtain a corrected or 73 new Missouri lifetime or extended concealed carry permit 74 with a change of name from the sheriff who issued the 75 Missouri lifetime or extended concealed car ry permit or upon 76 the sheriff's verification of the name change. The sheriff 77 may charge a processing fee of not more than ten dollars for 78 any costs associated with obtaining a corrected or new 79 Missouri lifetime or extended concealed carry permit. The 80 permit holder shall furnish proof of the name change to the 81 SB 147 65 sheriff within thirty days of changing his or her name and 82 display his or her Missouri lifetime or extended concealed 83 carry permit. The sheriff shall report the name change to 84 the concealed carry permit system, and the new name shall be 85 accessible by the concealed carry permit system within three 86 days of receipt of the information. 87 5. [Any person issued a Missouri lifetime or extended 88 concealed carry permit shall notify the sheriff of the new 89 jurisdiction of the permit holder's change of residence 90 within thirty days after the changing of a permanent 91 residence to a location outside the county of permit 92 issuance. The permit holder shall furnish proof to the 93 sheriff in the new jur isdiction that the permit holder has 94 changed his or her residence. The sheriff shall report the 95 residence change to the concealed carry permit system, take 96 possession and destroy the old permit, and then issue a new 97 permit to the permit holder. The new address shall be 98 accessible by the concealed carry permit system within three 99 days of receipt of the information. 100 6.] A Missouri extended concealed carry permit shall 101 be renewed for a qualified applicant upon receipt of the 102 properly completed renewal application and payment of the 103 required fee. The renewal application shall contain the 104 same required information as set forth in subsection 3 of 105 section 571.205, except that in lieu of the firearms safety 106 training, the applicant need only disp lay his or her current 107 Missouri extended concealed carry permit. A name-based 108 inquiry of the National Instant Criminal Background Check 109 System shall be completed for each renewal application. The 110 sheriff shall review the results of the report from th e 111 National Instant Criminal Background Check System, and when 112 the sheriff has determined the applicant has successfully 113 SB 147 66 completed all renewal requirements and is not disqualified 114 under any provision of section 571.205, the sheriff shall 115 issue a new Missouri extended concealed carry permit which 116 contains the date such permit was renewed. Upon successful 117 completion of all renewal requirements, the sheriff shall 118 issue a new Missouri extended concealed carry permit as 119 provided under this subsection. 120 [7.] 6. A person who has been issued a Missouri 121 extended concealed carry permit who fails to file a renewal 122 application for a Missouri extended concealed carry permit 123 on or before its expiration date shall pay an additional 124 late fee of ten dollars per month for each month it is 125 expired for up to six months. After six months, the sheriff 126 who issued the expired Missouri extended concealed carry 127 permit shall notify the concealed carry permit system that 128 such permit is expired and cancelled. Any person who has 129 been issued a Missouri extended concealed carry permit under 130 sections 571.101 to 571.121 who fails to renew his or her 131 application within the six -month period shall reapply for a 132 concealed carry permit and pay the fee for a new applicati on. 133 [8.] 7. The sheriff of the county that issued the 134 Missouri lifetime or extended concealed carry permit shall 135 conduct a name-based inquiry of the National Instant 136 Criminal Background Check System once every five years from 137 the date of issuance or renewal of the permit. The sheriff 138 shall review the results of the report from the National 139 Instant Criminal Background Check System. If the sheriff 140 determines the permit holder is disqualified under any 141 provision of section 571.205, the sheriff shall revoke the 142 Missouri lifetime or extended concealed carry permit and 143 shall report the revocation to the concealed carry permit 144 system. 145 SB 147 67 571.215. 1. A Missouri lifetime or extended concealed 1 carry permit issued under sections 57 1.205 to 571.230 shall 2 authorize the person in whose name the permit is issued to 3 carry concealed firearms on or about his or her person or 4 vehicle throughout the state. No Missouri lifetime or 5 extended concealed carry permit shall authorize any perso n 6 to carry concealed firearms into [: 7 (1) Any police, sheriff, or highway patrol office or 8 station without the consent of the chief law enforcement 9 officer in charge of that office or station. Possession of 10 a firearm in a vehicle on the premises of the office or 11 station shall not be a criminal offense so long as the 12 firearm is not removed from the vehicle or brandished while 13 the vehicle is on the premises; 14 (2) Within twenty-five feet of any polling place on 15 any election day. Possession of a firearm in a vehicle on 16 the premises of the polling place shall not be a criminal 17 offense so long as the firearm is not removed from the 18 vehicle or brandished while the vehicle is on the premises; 19 (3) The facility of any adult or juvenile det ention or 20 correctional institution, prison or jail. Possession of a 21 firearm in a vehicle on the premises of any adult, juvenile 22 detention, or correctional institution, prison or jail shall 23 not be a criminal offense so long as the firearm is not 24 removed from the vehicle or brandished while the vehicle is 25 on the premises; 26 (4) Any courthouse solely occupied by the circuit, 27 appellate or supreme court, or any courtrooms, 28 administrative offices, libraries, or other rooms of any 29 such court whether or not such court solely occupies the 30 building in question. This subdivision shall also include, 31 but not be limited to, any juvenile, family, drug, or other 32 SB 147 68 court offices, any room or office wherein any of the courts 33 or offices listed in this subdivis ion are temporarily 34 conducting any business within the jurisdiction of such 35 courts or offices, and such other locations in such manner 36 as may be specified by supreme court rule under subdivision 37 (6) of this subsection. Nothing in this subdivision shal l 38 preclude those persons listed in subdivision (1) of 39 subsection 2 of section 571.030 while within their 40 jurisdiction and on duty, those persons listed in 41 subdivisions (2), (4), and (10) of subsection 2 of section 42 571.030, or such other persons who se rve in a law 43 enforcement capacity for a court as may be specified by 44 supreme court rule under subdivision (6) of this subsection 45 from carrying a concealed firearm within any of the areas 46 described in this subdivision. Possession of a firearm in a 47 vehicle on the premises of any of the areas listed in this 48 subdivision shall not be a criminal offense so long as the 49 firearm is not removed from the vehicle or brandished while 50 the vehicle is on the premises; 51 (5) Any meeting of the governing body of a unit of 52 local government, or any meeting of the general assembly or 53 a committee of the general assembly, except that nothing in 54 this subdivision shall preclude a member of the body holding 55 a valid Missouri lifetime or extended concealed carry permit 56 from carrying a concealed firearm at a meeting of the body 57 which he or she is a member. Possession of a firearm in a 58 vehicle on the premises shall not be a criminal offense so 59 long as the firearm is not removed from the vehicle or 60 brandished while the vehicle is on the premises. Nothing in 61 this subdivision shall preclude a member of the general 62 assembly, a full-time employee of the general assembly 63 employed under Section 17, Article III, Constitution of 64 SB 147 69 Missouri, legislative employees of the gen eral assembly as 65 determined under section 21.155, or statewide elected 66 officials and their employees, holding a valid Missouri 67 lifetime or extended concealed carry permit, from carrying a 68 concealed firearm in the state capitol building or at a 69 meeting whether of the full body of a house of the general 70 assembly or a committee thereof, that is held in the state 71 capitol building; 72 (6) The general assembly, supreme court, county, or 73 municipality may by rule, administrative regulation, or 74 ordinance prohibit or limit the carrying of concealed 75 firearms by permit holders in that portion of a building 76 owned, leased, or controlled by that unit of government. 77 Any portion of a building in which the carrying of concealed 78 firearms is prohibited or limit ed shall be clearly 79 identified by signs posted at the entrance to the restricted 80 area. The statute, rule, or ordinance shall exempt any 81 building used for public housing by private persons, 82 highways or rest areas, firing ranges, and private dwellings 83 owned, leased, or controlled by that unit of government from 84 any restriction on the carrying or possession of a firearm. 85 The statute, rule, or ordinance shall not specify any 86 criminal penalty for its violation but may specify that 87 persons violating th e statute, rule, or ordinance may be 88 denied entrance to the building, ordered to leave the 89 building and if employees of the unit of government, be 90 subjected to disciplinary measures for violation of the 91 provisions of the statute, rule, or ordinance. The 92 provisions of this subdivision shall not apply to any other 93 unit of government; 94 (7) Any establishment licensed to dispense 95 intoxicating liquor for consumption on the premises, which 96 SB 147 70 portion is primarily devoted to that purpose, without the 97 consent of the owner or manager. The provisions of this 98 subdivision shall not apply to the licensee of said 99 establishment. The provisions of this subdivision shall not 100 apply to any bona fide restaurant open to the general public 101 having dining facilitie s for not less than fifty persons and 102 that receives at least fifty -one percent of its gross annual 103 income from the dining facilities by the sale of food. This 104 subdivision does not prohibit the possession of a firearm in 105 a vehicle on the premises of th e establishment and shall not 106 be a criminal offense so long as the firearm is not removed 107 from the vehicle or brandished while the vehicle is on the 108 premises. Nothing in this subdivision authorizes any 109 individual who has been issued a Missouri lifetim e or 110 extended concealed carry permit to possess any firearm while 111 intoxicated; 112 (8) Any area of an airport to which access is 113 controlled by the inspection of persons and property. 114 Possession of a firearm in a vehicle on the premises of the 115 airport shall not be a criminal offense so long as the 116 firearm is not removed from the vehicle or brandished while 117 the vehicle is on the premises; 118 (9) Any place where the carrying of a firearm is 119 prohibited by federal law; 120 (10) Any higher education institution or elementary or 121 secondary school facility without the consent of the 122 governing body of the higher education institution or a 123 school official or the district school board, unless the 124 person with the Missouri lifetime or extended conceale d 125 carry permit is a teacher or administrator of an elementary 126 or secondary school who has been designated by his or her 127 school district as a school protection officer and is 128 SB 147 71 carrying a firearm in a school within that district, in 129 which case no consent is required. Possession of a firearm 130 in a vehicle on the premises of any higher education 131 institution or elementary or secondary school facility shall 132 not be a criminal offense so long as the firearm is not 133 removed from the vehicle or brandished whil e the vehicle is 134 on the premises; 135 (11) Any portion of a building used as a child care 136 facility without the consent of the manager. Nothing in 137 this subdivision shall prevent the operator of a child care 138 facility in a family home from owning or po ssessing a 139 firearm or a Missouri lifetime or extended concealed carry 140 permit; 141 (12) Any riverboat gambling operation accessible by 142 the public without the consent of the owner or manager under 143 rules promulgated by the gaming commission. Possession of a 144 firearm in a vehicle on the premises of a riverboat gambling 145 operation shall not be a criminal offense so long as the 146 firearm is not removed from the vehicle or brandished while 147 the vehicle is on the premises; 148 (13) Any gated area of an amus ement park. Possession 149 of a firearm in a vehicle on the premises of the amusement 150 park shall not be a criminal offense so long as the firearm 151 is not removed from the vehicle or brandished while the 152 vehicle is on the premises; 153 (14) Any church or other place of religious worship 154 without the consent of the minister or person or persons 155 representing the religious organization that exercises 156 control over the place of religious worship. Possession of 157 a firearm in a vehicle on the premises shall no t be a 158 criminal offense so long as the firearm is not removed from 159 SB 147 72 the vehicle or brandished while the vehicle is on the 160 premises; 161 (15) Any private property whose owner has posted the 162 premises as being off -limits to concealed firearms by means 163 of one or more signs displayed in a conspicuous place of a 164 minimum size of eleven inches by fourteen inches with the 165 writing thereon in letters of not less than one inch. The 166 owner, business or commercial lessee, manager of a private 167 business enterprise, or any other organization, entity, or 168 person may prohibit persons holding a Missouri lifetime or 169 extended concealed carry permit from carrying concealed 170 firearms on the premises and may prohibit employees, not 171 authorized by the employer, holding a M issouri lifetime or 172 extended concealed carry permit from carrying concealed 173 firearms on the property of the employer. If the building 174 or the premises are open to the public, the employer of the 175 business enterprise shall post signs on or about the 176 premises if carrying a concealed firearm is prohibited. 177 Possession of a firearm in a vehicle on the premises shall 178 not be a criminal offense so long as the firearm is not 179 removed from the vehicle or brandished while the vehicle is 180 on the premises. An employer may prohibit employees or 181 other persons holding a Missouri lifetime or extended 182 concealed carry permit from carrying a concealed firearm in 183 vehicles owned by the employer; 184 (16) Any sports arena or stadium with a seating 185 capacity of five thousand or more. Possession of a firearm 186 in a vehicle on the premises shall not be a criminal offense 187 so long as the firearm is not removed from the vehicle or 188 brandished while the vehicle is on the premises; 189 (17) Any hospital accessible by the pu blic. 190 Possession of a firearm in a vehicle on the premises of a 191 SB 147 73 hospital shall not be a criminal offense so long as the 192 firearm is not removed from the vehicle or brandished while 193 the vehicle is on the premises ] any location listed under 194 subdivisions (1) to (8) of subsection 1 of section 571.107 . 195 2. Carrying of a concealed firearm in a location 196 specified in subdivisions (1) to [(17)] (8) of subsection 1 197 of [this] section 571.107 by any individual who holds a 198 Missouri lifetime or extended conc ealed carry permit shall 199 not be a criminal act but may subject the person to denial 200 to the premises or removal from the premises. If such 201 person refuses to leave the premises and a peace officer is 202 summoned, such person may be issued a citation for an amount 203 not to exceed one hundred dollars for the first offense. If 204 a second citation for a similar violation occurs within a 205 six-month period, such person shall be fined an amount not 206 to exceed two hundred dollars and his or her permit to carry 207 concealed firearms shall be suspended for a period of one 208 year. If a third citation for a similar violation is issued 209 within one year of the first citation, such person shall be 210 fined an amount not to exceed five hundred dollars and shall 211 have his or her Missouri lifetime or extended concealed 212 carry permit revoked and such person shall not be eligible 213 for a Missouri lifetime or extended concealed carry permit 214 or a concealed carry permit issued under sections 571.101 to 215 571.121 for a period of three yea rs. Upon conviction of 216 charges arising from a citation issued under this 217 subsection, the court shall notify the sheriff of the county 218 which issued the Missouri lifetime or extended concealed 219 carry permit. The sheriff shall suspend or revoke the 220 Missouri lifetime or extended concealed carry permit. 221 577.703. 1. A person commits the offense of bus 1 hijacking if he or she seizes or exercises control, by force 2 SB 147 74 or violence or threat of force or violence, of any bus. The 3 offense of bus hijacking is a class B felony. 4 2. The offense of "assault with the intent to commit 5 bus hijacking" is defined as an intimidation, threat, 6 assault or battery toward any driver, attendant or guard of 7 a bus so as to interfere with the performance of duties by 8 such person. Assault to commit bus hijacking is a class D 9 felony. 10 3. Any person, who, in the commission of such 11 intimidation, threat, assault or battery with the intent to 12 commit bus hijacking, employs a dangerous or deadly weapon 13 or other means capable of inflicting serious bodily injury 14 shall, upon conviction, be guilty of a class A felony. 15 [4. Any passenger who boards a bus with a dangerous or 16 deadly weapon or other means capable of inflicting serious 17 bodily injury concealed upon his or her person or effects is 18 guilty of the felony of "possession and concealment of a 19 dangerous or deadly weapon" upon a bus. Possession and 20 concealment of a dangerous and deadly weapon by a passenger 21 upon a bus is a class D felony. The provisions of this 22 subsection shall not apply to duly elected or appointed law 23 enforcement officers or commercial security personnel who 24 are in possession of weapons used within the course and 25 scope of their employment; nor shall the provisions of this 26 subsection apply to persons who are in possession of weapons 27 or other means of inflicting serious bodily injury with the 28 consent of the owner of such bus, his or her agent, or the 29 lessee or bailee of such bus. ] 30 577.712. 1. In order to provide for the safety, 1 comfort, and well-being of passengers and others having a 2 bona fide business interest in any terminal, a bus 3 transportation company may refuse admission to terminals to 4 SB 147 75 any person not having bona fide business within the 5 terminal. Any such refusal shall not be inconsistent or 6 contrary to state or federal laws, regulations pursuant 7 thereto, or to any ordinance of the political subdivision in 8 which such terminal is located. A duly authorized company 9 representative may a sk any person in a terminal or on the 10 premises of a terminal to identify himself or herself and 11 state his or her business. Failure to comply with such 12 request or failure to state an acceptable business purpose 13 shall be grounds for the company represen tative to request 14 that such person leave the terminal. Refusal to comply with 15 such request shall constitute disorderly conduct. 16 Disorderly conduct shall be a class C misdemeanor. 17 2. It is unlawful for any person to carry [a deadly or 18 dangerous weapon or] any explosives or hazardous material 19 into a terminal or aboard a bus. Possession of [a deadly or 20 dangerous weapon,] an explosive or hazardous material shall 21 be a class D felony. Upon the discovery of any such item or 22 material, the company may obtain possession and retain 23 custody of such [item or] material until it is transferred 24 to the custody of law enforcement officers. 25 [563.016. The fact that conduct is 1 justified under this chapter does not abolish or 2 impair any remedy for such conduct which is 3 available in any civil actions.] 4 