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Missouri Senate Bill SB700

Missouri 2025 Regular Session

Missouri Senate Bill SB700 Compare Versions

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22 EXPLANATION- Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
33 and is intended to be omitted in the law.
44
55 FIRST REGULAR SESSION
66 SENATE BILL NO. 700
77 103RD GENERAL ASSEMBLY
88
99 INTRODUCED BY SENATOR MOON.
1010 2740S.01I KRISTINA MARTIN, Secretary
1111 AN ACT
1212 To repeal sections 571.030, 571.101, 571.117, 571.205, and 571.225, RSMo, and to enact in lieu
1313 thereof five new sections relating to weapons, with penalty provisions.
1414
1515
1616 Be it enacted by the General Assembly of the State of Missouri, as follows:
1717 Section A. Sections 571.030, 571.101, 571.117, 571.205, 1
1818 and 571.225, RSMo, are repealed and five new sections enacted 2
1919 in lieu thereof, to be known as sections 571.030, 571.101, 3
2020 571.117, 571.205, and 571.225, to read as follows:4
2121 571.030. 1. A person commits the offense of unlawful 1
2222 use of weapons, except as otherwise provided by sections 2
2323 571.101 to 571.121, if he or she knowingly: 3
2424 (1) Carries concealed upon or about his or her person 4
2525 a knife, a firearm, a blackjack or any other weapon readily 5
2626 capable of lethal use into any area where firearms are 6
2727 restricted under section 571.107; or 7
2828 (2) Sets a spring gun; or 8
2929 (3) Discharges or shoots a firearm into a dwelling 9
3030 house, a railroad train, boat, aircraft, or motor vehicle as 10
3131 defined in section 302.010, or any building or structure 11
3232 used for the assembling of people; or 12
3333 (4) Exhibits, in the presence of one or more persons, 13
3434 any weapon readily capable of lethal use in an angry or 14
3535 threatening manner; or 15
3636 (5) Has a firearm or projectile weapon readily capable 16
3737 of lethal use on his or her person, while he or she is 17
3838 intoxicated, and handles or otherwise uses such firearm or 18
3939 projectile weapon in either a negligent or unlawful manner 19 SB 700 2
4040 or discharges such firearm or projectile weapon unless 20
4141 acting in self-defense; or 21
4242 (6) Discharges a firearm within one hundred yards of 22
4343 any occupied schoolhouse, courthouse, or church building; or 23
4444 (7) Discharges or shoots a firearm at a mark, at any 24
4545 object, or at random, on, along or across a public highway 25
4646 or discharges or shoots a firearm into any outbuilding; or 26
4747 (8) Carries a firearm or any other weapon readily 27
4848 capable of lethal use into any church or place where people 28
4949 have assembled for worship, or into any election precinct on 29
5050 any election day, or into any building owned or occupied by 30
5151 any agency of the federal government, state government, or 31
5252 political subdivision thereof; or 32
5353 (9) Discharges or shoots a firearm at or from a motor 33
5454 vehicle, as defined in section 301.010, discharges or shoots 34
5555 a firearm at any person, or at any other motor vehicle, or 35
5656 at any building or habitable structure, unless the person 36
5757 was lawfully acting in self-defense; or 37
5858 (10) Carries a firearm, whether loaded or unloaded, or 38
5959 any other weapon readily capable of lethal use into any 39
6060 school, onto any school bus, or onto the premises of any 40
6161 function or activity sponsored or sanctioned by school 41
6262 officials or the district school board; or 42
6363 (11) Possesses a firearm while also knowingly in 43
6464 possession of a controlled substance that is sufficient for 44
6565 a felony violation of section 579.015. 45
6666 2. Subdivisions (1), (8), and (10) of subsection 1 of 46
6767 this section shall not apply to the persons described in 47
6868 this subsection, regardless of whether such uses are 48
6969 reasonably associated with or are necessary to the 49
7070 fulfillment of such person's official duties except as 50
7171 otherwise provided in this subsection. Subdivisions (3), 51 SB 700 3
7272 (4), (6), (7), and (9) of subsection 1 of this section shall 52
7373 not apply to or affect any of the following persons, when 53
7474 such uses are reasonably associated with or are necessary to 54
7575 the fulfillment of such person's official duties, except as 55
7676 otherwise provided in this subsection: 56
7777 (1) All state, county and municipal peace officers who 57
7878 have completed the training required by the police officer 58
7979 standards and training commission pursuant to sections 59
8080 590.030 to 590.050 and who possess the duty and power of 60
8181 arrest for violation of the general criminal laws of the 61
8282 state or for violation of ordinances of counties or 62
8383 municipalities of the state, whether such officers are on or 63
8484 off duty, and whether such officers are within or outside of 64
8585 the law enforcement agency's jurisdiction, or all qualified 65
8686 retired peace officers, as defined in subsection 12 of this 66
8787 section, and who carry the identification defined in 67
8888 subsection 13 of this section, or any person summoned by 68
8989 such officers to assist in making arrests or preserving the 69
9090 peace while actually engaged in assisting such officer; 70
9191 (2) Wardens, superintendents and keepers of prisons, 71
9292 penitentiaries, jails and other institutions for the 72
9393 detention of persons accused or convicted of crime; 73
9494 (3) Members of the Armed Forces or National Guard 74
9595 while performing their official duty; 75
9696 (4) Those persons vested by Article V, Section 1 of 76
9797 the Constitution of Missouri with the judicial power of the 77
9898 state and those persons vested by Article III of the 78
9999 Constitution of the United States with the judicial power of 79
100100 the United States, the members of the federal judiciary; 80
101101 (5) Any person whose bona fide duty is to execute 81
102102 process, civil or criminal; 82 SB 700 4
103103 (6) Any federal probation officer or federal flight 83
104104 deck officer as defined under the federal flight deck 84
105105 officer program, 49 U.S.C. Section 44921, regardless of 85
106106 whether such officers are on duty, or within the law 86
107107 enforcement agency's jurisdiction; 87
108108 (7) Any state probation or parole officer, including 88
109109 supervisors and members of the parole board; 89
110110 (8) Any corporate security advisor meeting the 90
111111 definition and fulfilling the requirements of the 91
112112 regulations established by the department of public safety 92
113113 under section 590.750; 93
114114 (9) Any coroner, deputy coroner, medical examiner, or 94
115115 assistant medical examiner; 95
116116 (10) Any municipal or county prosecuting attorney or 96
117117 assistant prosecuting attorney; circuit attorney or 97
118118 assistant circuit attorney; municipal, associate, or circuit 98
119119 judge; or any person appointed by a court to be a special 99
120120 prosecutor who has completed the firearms safety training 100
121121 course required under subsection 2 of section 571.111; 101
122122 (11) Any member of a fire department or fire 102
123123 protection district who is employed on a full-time basis as 103
124124 a fire investigator and who has a valid concealed carry 104
125125 endorsement issued prior to August 28, 2013, or a valid 105
126126 concealed carry permit under section 571.111 when such uses 106
127127 are reasonably associated with or are necessary to the 107
128128 fulfillment of such person's official duties; and 108
129129 (12) Upon the written approval of the governing body 109
130130 of a fire department or fire protection district, any paid 110
131131 fire department or fire protection district member who is 111
132132 employed on a full-time basis and who has a valid concealed 112
133133 carry endorsement issued prior to August 28, 2013, or a 113
134134 valid concealed carry permit, when such uses are reasonably 114 SB 700 5
135135 associated with or are necessary to the fulfillment of such 115
136136 person's official duties. 116
137137 3. Subdivisions (1), (5), (8), and (10) of subsection 117
138138 1 of this section do not apply when the actor is 118
139139 transporting such weapons in a nonfunctioning state or in an 119
140140 unloaded state when ammunition is not readily accessible or 120
141141 when such weapons are not readily accessible. Subdivision 121
142142 (1) of subsection 1 of this section does not apply to any 122
143143 person [nineteen] eighteen years of age or older [or 123
144144 eighteen years of age or older and a member of the United 124
145145 States Armed Forces, or honorably discharged from the United 125
146146 States Armed Forces,] transporting a concealable firearm in 126
147147 the passenger compartment of a motor vehicle, so long as 127
148148 such concealable firearm is otherwise lawfully possessed, 128
149149 nor when the actor is also in possession of an exposed 129
150150 firearm or projectile weapon for the lawful pursuit of game, 130
151151 or is in his or her dwelling unit or upon premises over 131
152152 which the actor has possession, authority or control, or is 132
153153 traveling in a continuous journey peaceably through this 133
154154 state. Subdivision (10) of subsection 1 of this section 134
155155 does not apply if the firearm is otherwise lawfully 135
156156 possessed by a person while traversing school premises for 136
157157 the purposes of transporting a student to or from school, or 137
158158 possessed by an adult for the purposes of facilitation of a 138
159159 school-sanctioned firearm-related event or club event. 139
160160 4. Subdivisions (1), (8), and (10) of subsection 1 of 140
161161 this section shall not apply to any person who has a valid 141
162162 concealed carry permit issued pursuant to sections 571.101 142
163163 to 571.121, a valid concealed carry endorsement issued 143
164164 before August 28, 2013, or a valid permit or endorsement to 144
165165 carry concealed firearms issued by another state or 145
166166 political subdivision of another state. 146 SB 700 6
167167 5. Subdivisions (3), (4), (5), (6), (7), (8), (9), and 147
168168 (10) of subsection 1 of this section shall not apply to 148
169169 persons who are engaged in a lawful act of defense pursuant 149
170170 to section 563.031. 150
171171 6. Notwithstanding any provision of this section to 151
172172 the contrary, the state shall not prohibit any state 152
173173 employee from having a firearm in the employee's vehicle on 153
174174 the state's property provided that the vehicle is locked and 154
175175 the firearm is not visible. This subsection shall only 155
176176 apply to the state as an employer when the state employee's 156
177177 vehicle is on property owned or leased by the state and the 157
178178 state employee is conducting activities within the scope of 158
179179 his or her employment. For the purposes of this subsection, 159
180180 "state employee" means an employee of the executive, 160
181181 legislative, or judicial branch of the government of the 161
182182 state of Missouri. 162
183183 7. (1) Subdivision (10) of subsection 1 of this 163
184184 section shall not apply to a person who is a school officer 164
185185 commissioned by the district school board under section 165
186186 162.215 or who is a school protection officer, as described 166
187187 under section 160.665. 167
188188 (2) Nothing in this section shall make it unlawful for 168
189189 a student to actually participate in school-sanctioned gun 169
190190 safety courses, student military or ROTC courses, or other 170
191191 school-sponsored or club-sponsored firearm-related events, 171
192192 provided the student does not carry a firearm or other 172
193193 weapon readily capable of lethal use into any school, onto 173
194194 any school bus, or onto the premises of any other function 174
195195 or activity sponsored or sanctioned by school officials or 175
196196 the district school board. 176
197197 8. A person who commits the crime of unlawful use of 177
198198 weapons under: 178 SB 700 7
199199 (1) Subdivision (2), (3), (4), or (11) of subsection 1 179
200200 of this section shall be guilty of a class E felony; 180
201201 (2) Subdivision (1), (6), (7), or (8) of subsection 1 181
202202 of this section shall be guilty of a class B misdemeanor, 182
203203 except when a concealed weapon is carried onto any private 183
204204 property whose owner has posted the premises as being off- 184
205205 limits to concealed firearms by means of one or more signs 185
206206 displayed in a conspicuous place of a minimum size of eleven 186
207207 inches by fourteen inches with the writing thereon in 187
208208 letters of not less than one inch, in which case the 188
209209 penalties of subsection 2 of section 571.107 shall apply; 189
210210 (3) Subdivision (5) or (10) of subsection 1 of this 190
211211 section shall be guilty of a class A misdemeanor if the 191
212212 firearm is unloaded and a class E felony if the firearm is 192
213213 loaded; 193
214214 (4) Subdivision (9) of subsection 1 of this section 194
215215 shall be guilty of a class B felony, except that if the 195
216216 violation of subdivision (9) of subsection 1 of this section 196
217217 results in injury or death to another person, it is a class 197
218218 A felony. 198
219219 9. Violations of subdivision (9) of subsection 1 of 199
220220 this section shall be punished as follows: 200
221221 (1) For the first violation a person shall be 201
222222 sentenced to the maximum authorized term of imprisonment for 202
223223 a class B felony; 203
224224 (2) For any violation by a prior offender as defined 204
225225 in section 558.016, a person shall be sentenced to the 205
226226 maximum authorized term of imprisonment for a class B felony 206
227227 without the possibility of parole, probation or conditional 207
228228 release for a term of ten years; 208
229229 (3) For any violation by a persistent offender as 209
230230 defined in section 558.016, a person shall be sentenced to 210 SB 700 8
231231 the maximum authorized term of imprisonment for a class B 211
232232 felony without the possibility of parole, probation, or 212
233233 conditional release; 213
234234 (4) For any violation which results in injury or death 214
235235 to another person, a person shall be sentenced to an 215
236236 authorized disposition for a class A felony. 216
237237 10. Any person knowingly aiding or abetting any other 217
238238 person in the violation of subdivision (9) of subsection 1 218
239239 of this section shall be subject to the same penalty as that 219
240240 prescribed by this section for violations by other persons. 220
241241 11. Notwithstanding any other provision of law, no 221
242242 person who pleads guilty to or is found guilty of a felony 222
243243 violation of subsection 1 of this section shall receive a 223
244244 suspended imposition of sentence if such person has 224
245245 previously received a suspended imposition of sentence for 225
246246 any other firearms- or weapons-related felony offense. 226
247247 12. As used in this section "qualified retired peace 227
248248 officer" means an individual who: 228
249249 (1) Retired in good standing from service with a 229
250250 public agency as a peace officer, other than for reasons of 230
251251 mental instability; 231
252252 (2) Before such retirement, was authorized by law to 232
253253 engage in or supervise the prevention, detection, 233
254254 investigation, or prosecution of, or the incarceration of 234
255255 any person for, any violation of law, and had statutory 235
256256 powers of arrest; 236
257257 (3) Before such retirement, was regularly employed as 237
258258 a peace officer for an aggregate of fifteen years or more, 238
259259 or retired from service with such agency, after completing 239
260260 any applicable probationary period of such service, due to a 240
261261 service-connected disability, as determined by such agency; 241 SB 700 9
262262 (4) Has a nonforfeitable right to benefits under the 242
263263 retirement plan of the agency if such a plan is available; 243
264264 (5) During the most recent twelve-month period, has 244
265265 met, at the expense of the individual, the standards for 245
266266 training and qualification for active peace officers to 246
267267 carry firearms; 247
268268 (6) Is not under the influence of alcohol or another 248
269269 intoxicating or hallucinatory drug or substance; and 249
270270 (7) Is not prohibited by federal law from receiving a 250
271271 firearm. 251
272272 13. The identification required by subdivision (1) of 252
273273 subsection 2 of this section is: 253
274274 (1) A photographic identification issued by the agency 254
275275 from which the individual retired from service as a peace 255
276276 officer that indicates that the individual has, not less 256
277277 recently than one year before the date the individual is 257
278278 carrying the concealed firearm, been tested or otherwise 258
279279 found by the agency to meet the standards established by the 259
280280 agency for training and qualification for active peace 260
281281 officers to carry a firearm of the same type as the 261
282282 concealed firearm; or 262
283283 (2) A photographic identification issued by the agency 263
284284 from which the individual retired from service as a peace 264
285285 officer; and 265
286286 (3) A certification issued by the state in which the 266
287287 individual resides that indicates that the individual has, 267
288288 not less recently than one year before the date the 268
289289 individual is carrying the concealed firearm, been tested or 269
290290 otherwise found by the state to meet the standards 270
291291 established by the state for training and qualification for 271
292292 active peace officers to carry a firearm of the same type as 272
293293 the concealed firearm. 273 SB 700 10
294294 571.101. 1. All applicants for concealed carry 1
295295 permits issued pursuant to subsection 7 of this section must 2
296296 satisfy the requirements of sections 571.101 to 571.121. If 3
297297 the said applicant can show qualification as provided by 4
298298 sections 571.101 to 571.121, the county or city sheriff 5
299299 shall issue a concealed carry permit authorizing the 6
300300 carrying of a concealed firearm on or about the applicant's 7
301301 person or within a vehicle. A concealed carry permit shall 8
302302 be valid from the date of issuance or renewal until five 9
303303 years from the last day of the month in which the permit was 10
304304 issued or renewed. The concealed carry permit is valid 11
305305 throughout this state. Although the permit is considered 12
306306 valid in the state, a person who fails to renew his or her 13
307307 permit within five years from the date of issuance or 14
308308 renewal shall not be eligible for an exception to a National 15
309309 Instant Criminal Background Check under federal regulations 16
310310 currently codified under 27 CFR 478.102(d), relating to the 17
311311 transfer, sale, or delivery of firearms from licensed 18
312312 dealers. A concealed carry endorsement issued prior to 19
313313 August 28, 2013, shall continue from the date of issuance or 20
314314 renewal until three years from the last day of the month in 21
315315 which the endorsement was issued or renewed to authorize the 22
316316 carrying of a concealed firearm on or about the applicant's 23
317317 person or within a vehicle in the same manner as a concealed 24
318318 carry permit issued under subsection 7 of this section on or 25
319319 after August 28, 2013. 26
320320 2. A concealed carry permit issued pursuant to 27
321321 subsection 7 of this section shall be issued by the sheriff 28
322322 or his or her designee of the county or city in which the 29
323323 applicant resides, if the applicant: 30 SB 700 11
324324 (1) Is at least [nineteen] eighteen years of age, is a 31
325325 citizen or permanent resident of the United States and 32
326326 either: 33
327327 (a) Has assumed residency in this state; or 34
328328 (b) Is a member of the Armed Forces stationed in 35
329329 Missouri, or the spouse of such member of the military; 36
330330 (2) Is at least [nineteen] eighteen years of age, [or 37
331331 is at least eighteen years of age and a member of the United 38
332332 States Armed Forces or honorably discharged from the United 39
333333 States Armed Forces, and] is a citizen of the United States, 40
334334 and either: 41
335335 (a) Has assumed residency in this state; 42
336336 (b) Is a member of the Armed Forces stationed in 43
337337 Missouri; or 44
338338 (c) The spouse of such member of the military 45
339339 stationed in Missouri and [nineteen] eighteen years of age; 46
340340 (3) Has not pled guilty to or entered a plea of nolo 47
341341 contendere or been convicted of a crime punishable by 48
342342 imprisonment for a term exceeding one year under the laws of 49
343343 any state or of the United States other than a crime 50
344344 classified as a misdemeanor under the laws of any state and 51
345345 punishable by a term of imprisonment of two years or less 52
346346 that does not involve an explosive weapon, firearm, firearm 53
347347 silencer or gas gun; 54
348348 (4) Has not been convicted of, pled guilty to or 55
349349 entered a plea of nolo contendere to one or more misdemeanor 56
350350 offenses involving crimes of violence within a five-year 57
351351 period immediately preceding application for a concealed 58
352352 carry permit or if the applicant has not been convicted of 59
353353 two or more misdemeanor offenses involving driving while 60
354354 under the influence of intoxicating liquor or drugs or the 61
355355 possession or abuse of a controlled substance within a five- 62 SB 700 12
356356 year period immediately preceding application for a 63
357357 concealed carry permit; 64
358358 (5) Is not a fugitive from justice or currently 65
359359 charged in an information or indictment with the commission 66
360360 of a crime punishable by imprisonment for a term exceeding 67
361361 one year under the laws of any state of the United States 68
362362 other than a crime classified as a misdemeanor under the 69
363363 laws of any state and punishable by a term of imprisonment 70
364364 of two years or less that does not involve an explosive 71
365365 weapon, firearm, firearm silencer, or gas gun; 72
366366 (6) Has not been discharged under dishonorable 73
367367 conditions from the United States Armed Forces; 74
368368 (7) Has not engaged in a pattern of behavior, 75
369369 documented in public or closed records, that causes the 76
370370 sheriff to have a reasonable belief that the applicant 77
371371 presents a danger to himself or others; 78
372372 (8) Is not adjudged mentally incompetent at the time 79
373373 of application or for five years prior to application, or 80
374374 has not been committed to a mental health facility, as 81
375375 defined in section 632.005, or a similar institution located 82
376376 in another state following a hearing at which the defendant 83
377377 was represented by counsel or a representative; 84
378378 (9) Submits a completed application for a permit as 85
379379 described in subsection 3 of this section; 86
380380 (10) Submits an affidavit attesting that the applicant 87
381381 complies with the concealed carry safety training 88
382382 requirement pursuant to subsections 1 and 2 of section 89
383383 571.111; 90
384384 (11) Is not the respondent of a valid full order of 91
385385 protection which is still in effect; 92
386386 (12) Is not otherwise prohibited from possessing a 93
387387 firearm under section 571.070 or 18 U.S.C. Section 922(g). 94 SB 700 13
388388 3. The application for a concealed carry permit issued 95
389389 by the sheriff of the county of the applicant's residence 96
390390 shall contain only the following information: 97
391391 (1) The applicant's name, address, telephone number, 98
392392 gender, date and place of birth, and, if the applicant is 99
393393 not a United States citizen, the applicant's country of 100
394394 citizenship and any alien or admission number issued by the 101
395395 Federal Bureau of Customs and Immigration Enforcement or any 102
396396 successor agency; 103
397397 (2) An affirmation that the applicant has assumed 104
398398 residency in Missouri or is a member of the Armed Forces 105
399399 stationed in Missouri or the spouse of such a member of the 106
400400 Armed Forces and is a citizen or permanent resident of the 107
401401 United States; 108
402402 (3) An affirmation that the applicant is at least 109
403403 [nineteen] eighteen years of age [or is eighteen years of 110
404404 age or older and a member of the United States Armed Forces 111
405405 or honorably discharged from the United States Armed Forces]; 112
406406 (4) An affirmation that the applicant has not pled 113
407407 guilty to or been convicted of a crime punishable by 114
408408 imprisonment for a term exceeding one year under the laws of 115
409409 any state or of the United States other than a crime 116
410410 classified as a misdemeanor under the laws of any state and 117
411411 punishable by a term of imprisonment of two years or less 118
412412 that does not involve an explosive weapon, firearm, firearm 119
413413 silencer, or gas gun; 120
414414 (5) An affirmation that the applicant has not been 121
415415 convicted of, pled guilty to, or entered a plea of nolo 122
416416 contendere to one or more misdemeanor offenses involving 123
417417 crimes of violence within a five-year period immediately 124
418418 preceding application for a permit or if the applicant has 125
419419 not been convicted of two or more misdemeanor offenses 126 SB 700 14
420420 involving driving while under the influence of intoxicating 127
421421 liquor or drugs or the possession or abuse of a controlled 128
422422 substance within a five-year period immediately preceding 129
423423 application for a permit; 130
424424 (6) An affirmation that the applicant is not a 131
425425 fugitive from justice or currently charged in an information 132
426426 or indictment with the commission of a crime punishable by 133
427427 imprisonment for a term exceeding one year under the laws of 134
428428 any state or of the United States other than a crime 135
429429 classified as a misdemeanor under the laws of any state and 136
430430 punishable by a term of imprisonment of two years or less 137
431431 that does not involve an explosive weapon, firearm, firearm 138
432432 silencer or gas gun; 139
433433 (7) An affirmation that the applicant has not been 140
434434 discharged under dishonorable conditions from the United 141
435435 States Armed Forces; 142
436436 (8) An affirmation that the applicant is not adjudged 143
437437 mentally incompetent at the time of application or for five 144
438438 years prior to application, or has not been committed to a 145
439439 mental health facility, as defined in section 632.005, or a 146
440440 similar institution located in another state, except that a 147
441441 person whose release or discharge from a facility in this 148
442442 state pursuant to chapter 632, or a similar discharge from a 149
443443 facility in another state, occurred more than five years ago 150
444444 without subsequent recommitment may apply; 151
445445 (9) An affirmation that the applicant has received 152
446446 firearms safety training that meets the standards of 153
447447 applicant firearms safety training defined in subsection 1 154
448448 or 2 of section 571.111; 155
449449 (10) An affirmation that the applicant, to the 156
450450 applicant's best knowledge and belief, is not the respondent 157
451451 of a valid full order of protection which is still in effect; 158 SB 700 15
452452 (11) A conspicuous warning that false statements made 159
453453 by the applicant will result in prosecution for perjury 160
454454 pursuant to the laws of the state of Missouri; and 161
455455 (12) A government-issued photo identification. This 162
456456 photograph shall not be included on the permit and shall 163
457457 only be used to verify the person's identity for permit 164
458458 renewal, or for the issuance of a new permit due to change 165
459459 of address, or for a lost or destroyed permit. 166
460460 4. An application for a concealed carry permit shall 167
461461 be made to the sheriff of the county or any city not within 168
462462 a county in which the applicant resides. An application 169
463463 shall be filed in writing, signed under oath and under the 170
464464 penalties of perjury, and shall state whether the applicant 171
465465 complies with each of the requirements specified in 172
466466 subsection 2 of this section. In addition to the completed 173
467467 application, the applicant for a concealed carry permit must 174
468468 also submit the following: 175
469469 (1) A photocopy of a firearms safety training 176
470470 certificate of completion or other evidence of completion of 177
471471 a firearms safety training course that meets the standards 178
472472 established in subsection 1 or 2 of section 571.111; and 179
473473 (2) A nonrefundable permit fee as provided by 180
474474 subsection 11 or 12 of this section. 181
475475 5. (1) Before an application for a concealed carry 182
476476 permit is approved, the sheriff shall make only such 183
477477 inquiries as he or she deems necessary into the accuracy of 184
478478 the statements made in the application. The sheriff may 185
479479 require that the applicant display a Missouri driver's 186
480480 license or nondriver's license or military identification 187
481481 and orders showing the person being stationed in Missouri. 188
482482 In order to determine the applicant's suitability for a 189
483483 concealed carry permit, the applicant shall be 190 SB 700 16
484484 fingerprinted. No other biometric data shall be collected 191
485485 from the applicant. The sheriff shall conduct an inquiry of 192
486486 the National Instant Criminal Background Check System within 193
487487 three working days after submission of the properly 194
488488 completed application for a concealed carry permit. If no 195
489489 disqualifying record is identified by these checks at the 196
490490 state level, the fingerprints shall be forwarded to the 197
491491 Federal Bureau of Investigation for a national criminal 198
492492 history record check. Upon receipt of the completed report 199
493493 from the National Instant Criminal Background Check System 200
494494 and the response from the Federal Bureau of Investigation 201
495495 national criminal history record check, the sheriff shall 202
496496 examine the results and, if no disqualifying information is 203
497497 identified, shall issue a concealed carry permit within 204
498498 three working days. 205
499499 (2) In the event the report from the National Instant 206
500500 Criminal Background Check System and the response from the 207
501501 Federal Bureau of Investigation national criminal history 208
502502 record check prescribed by subdivision (1) of this 209
503503 subsection are not completed within forty-five calendar days 210
504504 and no disqualifying information concerning the applicant 211
505505 has otherwise come to the sheriff's attention, the sheriff 212
506506 shall issue a provisional permit, clearly designated on the 213
507507 certificate as such, which the applicant shall sign in the 214
508508 presence of the sheriff or the sheriff's designee. This 215
509509 permit, when carried with a valid Missouri driver's or 216
510510 nondriver's license or a valid military identification, 217
511511 shall permit the applicant to exercise the same rights in 218
512512 accordance with the same conditions as pertain to a 219
513513 concealed carry permit issued under this section, provided 220
514514 that it shall not serve as an alternative to an national 221
515515 instant criminal background check required by 18 U.S.C. 222 SB 700 17
516516 Section 922(t). The provisional permit shall remain valid 223
517517 until such time as the sheriff either issues or denies the 224
518518 certificate of qualification under subsection 6 or 7 of this 225
519519 section. The sheriff shall revoke a provisional permit 226
520520 issued under this subsection within twenty-four hours of 227
521521 receipt of any report that identifies a disqualifying 228
522522 record, and shall notify the concealed carry permit system 229
523523 established under subsection 5 of section 650.350. The 230
524524 revocation of a provisional permit issued under this section 231
525525 shall be proscribed in a manner consistent to the denial and 232
526526 review of an application under subsection 6 of this section. 233
527527 6. The sheriff may refuse to approve an application 234
528528 for a concealed carry permit if he or she determines that 235
529529 any of the requirements specified in subsection 2 of this 236
530530 section have not been met, or if he or she has a substantial 237
531531 and demonstrable reason to believe that the applicant has 238
532532 rendered a false statement regarding any of the provisions 239
533533 of sections 571.101 to 571.121. If the applicant is found 240
534534 to be ineligible, the sheriff is required to deny the 241
535535 application, and notify the applicant in writing, stating 242
536536 the grounds for denial and informing the applicant of the 243
537537 right to submit, within thirty days, any additional 244
538538 documentation relating to the grounds of the denial. Upon 245
539539 receiving any additional documentation, the sheriff shall 246
540540 reconsider his or her decision and inform the applicant 247
541541 within thirty days of the result of the reconsideration. 248
542542 The applicant shall further be informed in writing of the 249
543543 right to appeal the denial pursuant to subsections 2, 3, 4, 250
544544 and 5 of section 571.114. After two additional reviews and 251
545545 denials by the sheriff, the person submitting the 252
546546 application shall appeal the denial pursuant to subsections 253
547547 2, 3, 4, and 5 of section 571.114. 254 SB 700 18
548548 7. If the application is approved, the sheriff shall 255
549549 issue a concealed carry permit to the applicant within a 256
550550 period not to exceed three working days after his or her 257
551551 approval of the application. The applicant shall sign the 258
552552 concealed carry permit in the presence of the sheriff or his 259
553553 or her designee. 260
554554 8. The concealed carry permit shall specify only the 261
555555 following information: 262
556556 (1) Name, address, date of birth, gender, height, 263
557557 weight, color of hair, color of eyes, and signature of the 264
558558 permit holder; 265
559559 (2) The signature of the sheriff issuing the permit; 266
560560 (3) The date of issuance; and 267
561561 (4) The expiration date. 268
562562 The permit shall be no larger than two and one-eighth inches 269
563563 wide by three and three-eighths inches long and shall be of 270
564564 a uniform style prescribed by the department of public 271
565565 safety. The permit shall also be assigned a concealed carry 272
566566 permit system county code and shall be stored in sequential 273
567567 number. 274
568568 9. (1) The sheriff shall keep a record of all 275
569569 applications for a concealed carry permit or a provisional 276
570570 permit and his or her action thereon. Any record of an 277
571571 application that is incomplete or denied for any reason 278
572572 shall be kept for a period not to exceed one year. Any 279
573573 record of an application that was approved shall be kept for 280
574574 a period of one year after the expiration and nonrenewal of 281
575575 the permit. 282
576576 (2) The sheriff shall report the issuance of a 283
577577 concealed carry permit or provisional permit to the 284
578578 concealed carry permit system. All information on any such 285 SB 700 19
579579 permit that is protected information on any driver's or 286
580580 nondriver's license shall have the same personal protection 287
581581 for purposes of sections 571.101 to 571.121. An applicant's 288
582582 status as a holder of a concealed carry permit, provisional 289
583583 permit, or a concealed carry endorsement issued prior to 290
584584 August 28, 2013, shall not be public information and shall 291
585585 be considered personal protected information. Information 292
586586 retained in the concealed carry permit system under this 293
587587 subsection shall not be distributed to any federal, state, 294
588588 or private entities and shall only be made available for a 295
589589 single entry query of an individual in the event the 296
590590 individual is a subject of interest in an active criminal 297
591591 investigation or is arrested for a crime. A sheriff may 298
592592 access the concealed carry permit system for administrative 299
593593 purposes to issue a permit, verify the accuracy of permit 300
594594 holder information, change the name or address of a permit 301
595595 holder, suspend or revoke a permit, cancel an expired 302
596596 permit, or cancel a permit upon receipt of a certified death 303
597597 certificate for the permit holder. Any person who violates 304
598598 the provisions of this subdivision by disclosing protected 305
599599 information shall be guilty of a class A misdemeanor. 306
600600 10. Information regarding any holder of a concealed 307
601601 carry permit, or a concealed carry endorsement issued prior 308
602602 to August 28, 2013, is a closed record. No bulk download or 309
603603 batch data shall be distributed to any federal, state, or 310
604604 private entity, except to MoSMART or a designee thereof. 311
605605 Any state agency that has retained any documents or records, 312
606606 including fingerprint records provided by an applicant for a 313
607607 concealed carry endorsement prior to August 28, 2013, shall 314
608608 destroy such documents or records, upon successful issuance 315
609609 of a permit. 316 SB 700 20
610610 11. For processing an application for a concealed 317
611611 carry permit pursuant to sections 571.101 to 571.121, the 318
612612 sheriff in each county shall charge a nonrefundable fee not 319
613613 to exceed one hundred dollars which shall be paid to the 320
614614 treasury of the county to the credit of the sheriff's 321
615615 revolving fund. This fee shall include the cost to 322
616616 reimburse the Missouri state highway patrol for the costs of 323
617617 fingerprinting and criminal background checks. An 324
618618 additional fee shall be added to each credit card, debit 325
619619 card, or other electronic transaction equal to the charge 326
620620 paid by the state or the applicant for the use of the credit 327
621621 card, debit card, or other electronic payment method by the 328
622622 applicant. 329
623623 12. For processing a renewal for a concealed carry 330
624624 permit pursuant to sections 571.101 to 571.121, the sheriff 331
625625 in each county shall charge a nonrefundable fee not to 332
626626 exceed fifty dollars which shall be paid to the treasury of 333
627627 the county to the credit of the sheriff's revolving fund. 334
628628 13. For the purposes of sections 571.101 to 571.121, 335
629629 the term "sheriff" shall include the sheriff of any county 336
630630 or city not within a county or his or her designee and in 337
631631 counties of the first classification the sheriff may 338
632632 designate the chief of police of any city, town, or 339
633633 municipality within such county. 340
634634 14. For the purposes of this chapter, "concealed carry 341
635635 permit" shall include any concealed carry endorsement issued 342
636636 by the department of revenue before January 1, 2014, and any 343
637637 concealed carry document issued by any sheriff or under the 344
638638 authority of any sheriff after December 31, 2013. 345
639639 571.117. 1. Any person who has knowledge that another 1
640640 person, who was issued a concealed carry permit pursuant to 2
641641 sections 571.101 to 571.121, or concealed carry endorsement 3 SB 700 21
642642 prior to August 28, 2013, never was or no longer is eligible 4
643643 for such permit or endorsement under the criteria 5
644644 established in sections 571.101 to 571.121 may file a 6
645645 petition with the clerk of the small claims court to revoke 7
646646 that person's concealed carry permit or endorsement. The 8
647647 petition shall be in a form substantially similar to the 9
648648 petition for revocation of concealed carry permit or 10
649649 endorsement provided in this section. Appeal forms shall be 11
650650 provided by the clerk of the small claims court free of 12
651651 charge to any person: 13
652652 14 SMALL CLAIMS COURT
653653 15 In the Circuit Court of _________ , Missouri
654654 16 ______, PLAINTIFF
655655 17 )
656656 18 )
657657 19 vs. ) Case Number ______
658658 20 )
659659 21 ______, DEFENDANT,
660660 22 Carry Permit or Endorsement Holder
661661 23 ______, DEFENDANT,
662662 24 Sheriff of Issuance
663663 25 PETITION FOR REVOCATION OF A
664664 26
665665 27
666666 CONCEALED CARRY PERMIT OR CONCEALED CARRY
667667 ENDORSEMENT
668668
669669 28
670670 29
671671 30
672672 31
673673 32
674674 33
675675 34
676676 35
677677 Plaintiff states to the court that the defendant,
678678 ______, has a concealed carry permit issued
679679 pursuant to sections 571.101 to 571.121, RSMo, or a
680680 concealed carry endorsement issued prior to August 28, 2013, and that the defendant's concealed carry
681681 permit or concealed carry endorsement should now be
682682 revoked because the defendant either never was or
683683 no longer is eligible for suc h a permit or
684684 SB 700 22
685685 36
686686 37
687687 38
688688 39
689689 40
690690 41
691691 endorsement pursuant to the provisions of sections
692692 571.101 to 571.121, RSMo, specifically plaintiff
693693 states that defendant, ______, never was or no
694694 longer is eligible for such permit or endorsement
695695 for one or more of the following reasons:
696696
697697 42
698698 43
699699 (CHECK BELOW EACH REASON THAT APPLIES TO THIS
700700 DEFENDANT)
701701
702702 44
703703 45
704704 46
705705 47
706706 48
707707 □ Defendant is not at least [nineteen] eighteen
708708 years of age [or at least eighteen years of age
709709 and a member of the United States Armed Forces
710710 or honorably discharged from the United States
711711 Armed Forces].
712712
713713 49
714714 50
715715 □ Defendant is not a citizen or permanent
716716 resident of the United States.
717717
718718 51
719719 52
720720 53
721721 54
722722 □ Defendant had not resided in this state prior
723723 to issuance of the permit and does not qualify
724724 as a military member or spouse of a military
725725 member stationed in Missouri.
726726
727727 55
728728 56
729729 57
730730 58
731731 59
732732 60
733733 61
734734 62
735735 63
736736 □ Defendant has pled guilty to or been convicted
737737 of a crime punishable by imprisonment for a
738738 term exceeding two years under the laws of any
739739 state or of the Unit ed States other than a
740740 crime classified as a misdemeanor under the
741741 laws of any state and punishable by a term of
742742 imprisonment of one year or less that does not
743743 involve an explosive weapon, firearm, firearm
744744 silencer, or gas gun.
745745
746746 64
747747 65
748748 66
749749 67
750750 68
751751 69
752752 70
753753 71
754754 72
755755 73
756756 74
757757 □ Defendant has been convicted of, pled guilty to
758758 or entered a plea of nolo contendere to one or
759759 more misdemeanor offenses involving crimes of
760760 violence within a five -year period immediately
761761 preceding application for a conc ealed carry
762762 permit issued pursuant to sections 571.101 to
763763 571.121, RSMo, or a concealed carry endorsement
764764 issued prior to August 28, 2013, or if the
765765 applicant has been convicted of two or more
766766 misdemeanor offenses involving driving while
767767 under the influence of intoxicating liquor or
768768 SB 700 23
769769 75
770770 76
771771 77
772772 78
773773 79
774774 80
775775 81
776776 drugs or the possession or abuse of a
777777 controlled substance within a five -year period
778778 immediately preceding application for a
779779 concealed carry permit issued pursuant to
780780 sections 571.101 to 571.121, RSMo, or a
781781 concealed carry endor sement issued prior to
782782 August 28, 2013.
783783 82
784784 83
785785 84
786786 85
787787 86
788788 87
789789 88
790790 89
791791 90
792792 91
793793 92
794794 □ Defendant is a fugitive from justice or
795795 currently charged in an information or
796796 indictment with the commission of a crime
797797 punishable by imprisonment for a term exceeding
798798 one year under the laws of any state of the
799799 United States other than a crime classified as
800800 a misdemeanor under the laws of any state and
801801 punishable by a term of imprisonment of two
802802 years or less that does not involve an
803803 explosive weapon, firearm, firearm silencer, or
804804 gas gun.
805805
806806 93
807807 94
808808 95
809809 □ Defendant has been discharged under
810810 dishonorable conditions from the United States
811811 Armed Forces.
812812
813813 96
814814 97
815815 98
816816 □ Defendant is reasonably believed by the sheriff
817817 to be a danger to self or others based on
818818 previous, documented pattern.
819819
820820 99
821821 100
822822 101
823823 102
824824 103
825825 104
826826 105
827827 106
828828 107
829829 108
830830 109
831831 □ Defendant is adjudged mentally incompetent at
832832 the time of application or for five years prior
833833 to application, or has been committed to a
834834 mental health facility, as defined in section
835835 632.005, RSMo, or a similar institution located
836836 in another state, except that a person whose
837837 release or discharge from a facility in this
838838 state pursuant to chapter 632, RSMo, or a
839839 similar discharge from a facility in another
840840 state, occurred more than five years ago
841841 without subsequent recommitment may apply.
842842
843843 110
844844 111
845845 112
846846 □ Defendant failed to submit a completed
847847 application for a concealed carry permit issued
848848 pursuant to sections 571.101 to 571.121, RSMo,
849849 SB 700 24
850850 2. If at the hearing the plaintiff shows that the 141
851851 defendant was not eligible for the concealed carry permit 142
852852 issued pursuant to sections 571.101 to 571.121, or a 143
853853 concealed carry endorsement issued prior to August 28, 2013, 144
854854 at the time of issuance or renewal or is no longer eligible 145
855855 for a concealed carry permit or the concealed carry 146
856856 endorsement, the court shall issue an appropriate order to 147
857857 113
858858 114
859859 or a concealed carry endorsement issued prior
860860 to August 28, 2013.
861861 115
862862 116
863863 117
864864 118
865865 119
866866 120
867867 121
868868 122
869869 □ Defendant failed to submit to or failed to
870870 clear the required background check. (Note:
871871 This does not apply if the defendant has
872872 submitted to a background check and been issued
873873 a provisional permit pursuant to subdivision
874874 (2) of subsection 5 of section 571. 101, and the
875875 results of the background check are still
876876 pending.)
877877
878878 123
879879 124
880880 125
881881 126
882882 127
883883 □ Defendant failed to submit an affidavit
884884 attesting that the applicant complies with the
885885 concealed carry safety training requirement
886886 pursuant to subsection 1 of se ction 571.111,
887887 RSMo.
888888
889889 128
890890 129
891891 130
892892 131
893893 □ Defendant is otherwise disqualified from
894894 possessing a firearm pursuant to 18 U.S.C.
895895 Section 922(g) or section 571.070, RSMo,
896896 because (specify reason):
897897
898898 132
899899 133
900900 134
901901 135
902902 136
903903 137
904904 138
905905 139
906906 The plaintiff subject to penalty for perjury states
907907 that the information contained in this petition is
908908 true and correct to the best of the plaintiff's
909909 knowledge, is reasonably based upon the
910910 petitioner's personal knowledge and is not
911911 primarily intended to harass the
912912 defendant/respondent named herein.
913913
914914
915915 140 __________________ , PLAINTIFF SB 700 25
916916 cause the revocation of the concealed carry permit and, if 148
917917 applicable, the concealed carry endorsement. Costs shall 149
918918 not be assessed against the sheriff. 150
919919 3. The finder of fact, in any action brought against a 151
920920 permit or endorsement holder pursuant to subsection 1 of 152
921921 this section, shall make findings of fact and the court 153
922922 shall make conclusions of law addressing the issues at 154
923923 dispute. If it is determined that the plaintiff in such an 155
924924 action acted without justification or with malice or 156
925925 primarily with an intent to harass the permit or endorsement 157
926926 holder or that there was no reasonable basis to bring the 158
927927 action, the court shall order the plaintiff to pay the 159
928928 defendant/respondent all reasonable costs incurred in 160
929929 defending the action including, but not limited to, 161
930930 attorney's fees, deposition costs, and lost wages. Once the 162
931931 court determines that the plaintiff is liable to the 163
932932 defendant/respondent for costs and fees, the extent and type 164
933933 of fees and costs to be awarded should be liberally 165
934934 calculated in defendant/respondent's favor. Notwithstanding 166
935935 any other provision of law, reasonable attorney's fees shall 167
936936 be presumed to be at least one hundred fifty dollars per 168
937937 hour. 169
938938 4. Any person aggrieved by any final judgment rendered 170
939939 by a small claims court in a petition for revocation of a 171
940940 concealed carry permit or concealed carry endorsement may 172
941941 have a right to trial de novo as provided in sections 173
942942 512.180 to 512.320. 174
943943 5. The office of the county sheriff or any employee or 175
944944 agent of the county sheriff shall not be liable for damages 176
945945 in any civil action arising from alleged wrongful or 177
946946 improper granting, renewing, or failure to revoke a 178
947947 concealed carry permit issued pursuant to sections 571.101 179 SB 700 26
948948 to 571.121, or a certificate of qualification for a 180
949949 concealed carry endorsement issued prior to August 28, 2013, 181
950950 so long as the sheriff acted in good faith. 182
951951 571.205. 1. Upon request and payment of the required 1
952952 fee, the sheriff shall issue a concealed carry permit that 2
953953 is valid through the state of Missouri for the lifetime of 3
954954 the permit holder to a Missouri resident who meets the 4
955955 requirements of sections 571.205 to 571.230, known as a 5
956956 Missouri lifetime concealed carry permit. A person may also 6
957957 request, and the sheriff shall issue upon payment of the 7
958958 required fee, a concealed carry permit that is valid through 8
959959 the state of Missouri for a period of either ten years or 9
960960 twenty-five years from the date of issuance or renewal to a 10
961961 Missouri resident who meets the requirements of sections 11
962962 571.205 to 571.230. Such permit shall be known as a 12
963963 Missouri extended concealed carry permit. A person issued a 13
964964 Missouri lifetime or extended concealed carry permit shall 14
965965 be required to comply with the provisions of sections 15
966966 571.205 to 571.230. If the applicant can show qualification 16
967967 as provided by sections 571.205 to 571.230, the sheriff 17
968968 shall issue a Missouri lifetime or extended concealed carry 18
969969 permit authorizing the carrying of a concealed firearm on or 19
970970 about the applicant's person or within a vehicle. 20
971971 2. A Missouri lifetime or extended concealed carry 21
972972 permit shall be suspended if the permit holder becomes a 22
973973 resident of another state. The permit may be reactivated 23
974974 upon reestablishment of Missouri residency if the applicant 24
975975 meets the requirements of sections 571.205 to 571.230, and 25
976976 upon successful completion of a name-based inquiry of the 26
977977 National Instant Background Check System. 27
978978 3. A Missouri lifetime or extended concealed carry 28
979979 permit shall be issued by the sheriff or his or her designee 29 SB 700 27
980980 of the county or city in which the applicant resides, if the 30
981981 applicant: 31
982982 (1) Is at least [nineteen] eighteen years of age, is a 32
983983 citizen or permanent resident of the United States, and has 33
984984 assumed residency in this state[, or is at least eighteen 34
985985 years of age and a member of the United States Armed Forces 35
986986 or honorably discharged from the United States Armed Forces, 36
987987 and is a citizen of the United States and has assumed 37
988988 residency in this state]; 38
989989 (2) Has not pled guilty to or entered a plea of nolo 39
990990 contendere or been convicted of a crime punishable by 40
991991 imprisonment for a term exceeding one year under the laws of 41
992992 any state or of the United States, other than a crime 42
993993 classified as a misdemeanor under the laws of any state and 43
994994 punishable by a term of imprisonment of two years or less 44
995995 that does not involve an explosive weapon, firearm, firearm 45
996996 silencer, or gas gun; 46
997997 (3) Has not been convicted of, pled guilty to or 47
998998 entered a plea of nolo contendere to one or more misdemeanor 48
999999 offenses involving crimes of violence within a five-year 49
10001000 period immediately preceding application for a Missouri 50
10011001 lifetime or extended concealed carry permit or if the 51
10021002 applicant has not been convicted of two or more misdemeanor 52
10031003 offenses involving driving while under the influence of 53
10041004 intoxicating liquor or drugs or the possession or abuse of a 54
10051005 controlled substance within a five-year period immediately 55
10061006 preceding application for a Missouri lifetime or extended 56
10071007 concealed carry permit; 57
10081008 (4) Is not a fugitive from justice or currently 58
10091009 charged in an information or indictment with the commission 59
10101010 of a crime punishable by imprisonment for a term exceeding 60
10111011 one year under the laws of any state of the United States, 61 SB 700 28
10121012 other than a crime classified as a misdemeanor under the 62
10131013 laws of any state and punishable by a term of imprisonment 63
10141014 of two years or less that does not involve an explosive 64
10151015 weapon, firearm, firearm silencer, or gas gun; 65
10161016 (5) Has not been discharged under dishonorable 66
10171017 conditions from the United States Armed Forces; 67
10181018 (6) Has not engaged in a pattern of behavior, 68
10191019 documented in public or closed records, that causes the 69
10201020 sheriff to have a reasonable belief that the applicant 70
10211021 presents a danger to himself or herself or others; 71
10221022 (7) Is not adjudged mentally incompetent at the time 72
10231023 of application or for five years prior to application, or 73
10241024 has not been committed to a mental health facility, as 74
10251025 defined in section 632.005, or a similar institution located 75
10261026 in another state following a hearing at which the defendant 76
10271027 was represented by counsel or a representative; 77
10281028 (8) Submits a completed application for a permit as 78
10291029 described in subsection 4 of this section; 79
10301030 (9) Submits an affidavit attesting that the applicant 80
10311031 complies with the concealed carry safety training 81
10321032 requirement under subsections 1 and 2 of section 571.111; 82
10331033 (10) Is not the respondent of a valid full order of 83
10341034 protection which is still in effect; 84
10351035 (11) Is not otherwise prohibited from possessing a 85
10361036 firearm under section 571.070 or 18 U.S.C. Section 922(g). 86
10371037 4. The application for a Missouri lifetime or extended 87
10381038 concealed carry permit issued by the sheriff of the county 88
10391039 of the applicant's residence shall contain only the 89
10401040 following information: 90
10411041 (1) The applicant's name, address, telephone number, 91
10421042 gender, date and place of birth, and, if the applicant is 92
10431043 not a United States citizen, the applicant's country of 93 SB 700 29
10441044 citizenship and any alien or admission number issued by the 94
10451045 United States Immigration and Customs Enforcement or any 95
10461046 successor agency; 96
10471047 (2) An affirmation that the applicant has assumed 97
10481048 residency in Missouri and is a citizen or permanent resident 98
10491049 of the United States; 99
10501050 (3) An affirmation that the applicant is at least 100
10511051 [nineteen] eighteen years of age [or is eighteen years of 101
10521052 age or older and a member of the United States Armed Forces 102
10531053 or honorably discharged from the United States Armed Forces]; 103
10541054 (4) An affirmation that the applicant has not pled 104
10551055 guilty to or been convicted of a crime punishable by 105
10561056 imprisonment for a term exceeding one year under the laws of 106
10571057 any state or of the United States other than a crime 107
10581058 classified as a misdemeanor under the laws of any state and 108
10591059 punishable by a term of imprisonment of two years or less 109
10601060 that does not involve an explosive weapon, firearm, firearm 110
10611061 silencer, or gas gun; 111
10621062 (5) An affirmation that the applicant has not been 112
10631063 convicted of, pled guilty to, or entered a plea of nolo 113
10641064 contendere to one or more misdemeanor offenses involving 114
10651065 crimes of violence within a five-year period immediately 115
10661066 preceding application for a permit or that the applicant has 116
10671067 not been convicted of two or more misdemeanor offenses 117
10681068 involving driving while under the influence of intoxicating 118
10691069 liquor or drugs or the possession or abuse of a controlled 119
10701070 substance within a five-year period immediately preceding 120
10711071 application for a permit; 121
10721072 (6) An affirmation that the applicant is not a 122
10731073 fugitive from justice or currently charged in an information 123
10741074 or indictment with the commission of a crime punishable by 124
10751075 imprisonment for a term exceeding one year under the laws of 125 SB 700 30
10761076 any state or of the United States other than a crime 126
10771077 classified as a misdemeanor under the laws of any state and 127
10781078 punishable by a term of imprisonment of two years or less 128
10791079 that does not involve an explosive weapon, firearm, firearm 129
10801080 silencer, or gas gun; 130
10811081 (7) An affirmation that the applicant has not been 131
10821082 discharged under dishonorable conditions from the United 132
10831083 States Armed Forces; 133
10841084 (8) An affirmation that the applicant is not adjudged 134
10851085 mentally incompetent at the time of application or for five 135
10861086 years prior to application, or has not been committed to a 136
10871087 mental health facility, as defined in section 632.005, or a 137
10881088 similar institution located in another state, except that a 138
10891089 person whose release or discharge from a facility in this 139
10901090 state under chapter 632, or a similar discharge from a 140
10911091 facility in another state, occurred more than five years ago 141
10921092 without subsequent recommitment may apply; 142
10931093 (9) An affirmation that the applicant has received 143
10941094 firearms safety training that meets the standards of 144
10951095 applicant firearms safety training defined in subsection 1 145
10961096 or 2 of section 571.111; 146
10971097 (10) An affirmation that the applicant, to the 147
10981098 applicant's best knowledge and belief, is not the respondent 148
10991099 of a valid full order of protection which is still in effect; 149
11001100 (11) A conspicuous warning that false statements made 150
11011101 by the applicant will result in prosecution for perjury 151
11021102 under the laws of the state of Missouri; and 152
11031103 (12) A government-issued photo identification. This 153
11041104 photograph shall not be included on the permit and shall 154
11051105 only be used to verify the person's identity for the 155
11061106 issuance of a new permit, issuance of a new permit due to 156
11071107 change of name or address, renewal of an extended permit, or 157 SB 700 31
11081108 for a lost or destroyed permit, or reactivation under 158
11091109 subsection 2 of this section. 159
11101110 5. An application for a Missouri lifetime or extended 160
11111111 concealed carry permit shall be made to the sheriff of the 161
11121112 county in which the applicant resides. An application shall 162
11131113 be filed in writing, signed under oath and under the 163
11141114 penalties of perjury, and shall state whether the applicant 164
11151115 complies with each of the requirements specified in 165
11161116 subsection 3 of this section. In addition to the completed 166
11171117 application, the applicant for a Missouri lifetime or 167
11181118 extended concealed carry permit shall also submit the 168
11191119 following: 169
11201120 (1) A photocopy of a firearms safety training 170
11211121 certificate of completion or other evidence of completion of 171
11221122 a firearms safety training course that meets the standards 172
11231123 established in subsection 1 or 2 of section 571.111; and 173
11241124 (2) A nonrefundable permit fee as provided by 174
11251125 subsection 12 of this section. 175
11261126 6. (1) Before an application for a Missouri lifetime 176
11271127 or extended concealed carry permit is approved, the sheriff 177
11281128 shall make only such inquiries as he or she deems necessary 178
11291129 into the accuracy of the statements made in the 179
11301130 application. The sheriff may require that the applicant 180
11311131 display a Missouri driver's license or nondriver's license 181
11321132 or military identification. No biometric data shall be 182
11331133 collected from the applicant. The sheriff shall conduct an 183
11341134 inquiry of the National Instant Criminal Background Check 184
11351135 System within three working days after submission of the 185
11361136 properly completed application for a Missouri lifetime or 186
11371137 extended concealed carry permit. Upon receipt of the 187
11381138 completed report from the National Instant Criminal 188
11391139 Background Check System, the sheriff shall examine the 189 SB 700 32
11401140 results and, if no disqualifying information is identified, 190
11411141 shall issue a Missouri lifetime or extended concealed carry 191
11421142 permit within three working days. 192
11431143 (2) In the event the report from the National Instant 193
11441144 Criminal Background Check System and the response from the 194
11451145 Federal Bureau of Investigation national criminal history 195
11461146 record check prescribed by subdivision (1) of this 196
11471147 subsection are not completed within forty-five calendar days 197
11481148 and no disqualifying information concerning the applicant 198
11491149 has otherwise come to the sheriff's attention, the sheriff 199
11501150 shall issue a provisional permit, clearly designated on the 200
11511151 certificate as such, which the applicant shall sign in the 201
11521152 presence of the sheriff or the sheriff's designee. This 202
11531153 permit, when carried with a valid Missouri driver's or 203
11541154 nondriver's license, shall permit the applicant to exercise 204
11551155 the same rights in accordance with the same conditions as 205
11561156 pertain to a Missouri lifetime or extended concealed carry 206
11571157 permit issued under this section, provided that it shall not 207
11581158 serve as an alternative to a national instant criminal 208
11591159 background check required by 18 U.S.C. Section 922(t). The 209
11601160 provisional permit shall remain valid until such time as the 210
11611161 sheriff either issues or denies the permit under subsection 211
11621162 7 or 8 of this section. The sheriff shall revoke a 212
11631163 provisional permit issued under this subsection within 213
11641164 twenty-four hours of receipt of any report that identifies a 214
11651165 disqualifying record, and shall notify the concealed carry 215
11661166 permit system established under subsection 5 of section 216
11671167 650.350. The revocation of a provisional permit issued 217
11681168 under this section shall be prescribed in a manner 218
11691169 consistent to the denial and review of an application under 219
11701170 subsection 7 of this section. 220 SB 700 33
11711171 7. The sheriff may refuse to approve an application 221
11721172 for a Missouri lifetime or extended concealed carry permit 222
11731173 if he or she determines that any of the requirements 223
11741174 specified in subsection 3 of this section have not been met, 224
11751175 or if he or she has a substantial and demonstrable reason to 225
11761176 believe that the applicant has rendered a false statement 226
11771177 regarding any of the provisions of sections 571.205 to 227
11781178 571.230. If the applicant is found to be ineligible, the 228
11791179 sheriff is required to deny the application, and notify the 229
11801180 applicant in writing, stating the grounds for denial and 230
11811181 informing the applicant of the right to submit, within 231
11821182 thirty days, any additional documentation relating to the 232
11831183 grounds of the denial. Upon receiving any additional 233
11841184 documentation, the sheriff shall reconsider his or her 234
11851185 decision and inform the applicant within thirty days of the 235
11861186 result of the reconsideration. The applicant shall further 236
11871187 be informed in writing of the right to appeal the denial 237
11881188 under section 571.220. After two additional reviews and 238
11891189 denials by the sheriff, the person submitting the 239
11901190 application shall appeal the denial under section 571.220. 240
11911191 8. If the application is approved, the sheriff shall 241
11921192 issue a Missouri lifetime or extended concealed carry permit 242
11931193 to the applicant within a period not to exceed three working 243
11941194 days after his or her approval of the application. The 244
11951195 applicant shall sign the Missouri lifetime or extended 245
11961196 concealed carry permit in the presence of the sheriff or his 246
11971197 or her designee. 247
11981198 9. The Missouri lifetime or extended concealed carry 248
11991199 permit shall specify only the following information: 249
12001200 (1) Name, address, date of birth, gender, height, 250
12011201 weight, color of hair, color of eyes, and signature of the 251
12021202 permit holder; 252 SB 700 34
12031203 (2) The signature of the sheriff issuing the permit; 253
12041204 (3) The date of issuance; 254
12051205 (4) A clear statement indicating that the permit is 255
12061206 only valid within the state of Missouri; and 256
12071207 (5) If the permit is a Missouri extended concealed 257
12081208 carry permit, the expiration date. 258
12091209 The permit shall be no larger than two and one-eighth inches 259
12101210 wide by three and three-eighths inches long and shall be of 260
12111211 a uniform style prescribed by the department of public 261
12121212 safety. The permit shall also be assigned a concealed carry 262
12131213 permit system county code and shall be stored in sequential 263
12141214 number. 264
12151215 10. (1) The sheriff shall keep a record of all 265
12161216 applications for a Missouri lifetime or extended concealed 266
12171217 carry permit or a provisional permit and his or her action 267
12181218 thereon. Any record of an application that is incomplete or 268
12191219 denied for any reason shall be kept for a period not to 269
12201220 exceed one year. 270
12211221 (2) The sheriff shall report the issuance of a 271
12221222 Missouri lifetime or extended concealed carry permit or 272
12231223 provisional permit to the concealed carry permit system. 273
12241224 All information on any such permit that is protected 274
12251225 information on any driver's or nondriver's license shall 275
12261226 have the same personal protection for purposes of sections 276
12271227 571.205 to 571.230. An applicant's status as a holder of a 277
12281228 Missouri lifetime or extended concealed carry permit or 278
12291229 provisional permit shall not be public information and shall 279
12301230 be considered personal protected information. Information 280
12311231 retained in the concealed carry permit system under this 281
12321232 subsection shall not be distributed to any federal, state, 282
12331233 or private entities and shall only be made available for a 283 SB 700 35
12341234 single entry query of an individual in the event the 284
12351235 individual is a subject of interest in an active criminal 285
12361236 investigation or is arrested for a crime. A sheriff may 286
12371237 access the concealed carry permit system for administrative 287
12381238 purposes to issue a permit, verify the accuracy of permit 288
12391239 holder information, change the name or address of a permit 289
12401240 holder, suspend or revoke a permit, cancel an expired 290
12411241 permit, or cancel a permit upon receipt of a certified death 291
12421242 certificate for the permit holder. Any person who violates 292
12431243 the provisions of this subdivision by disclosing protected 293
12441244 information shall be guilty of a class A misdemeanor. 294
12451245 11. Information regarding any holder of a Missouri 295
12461246 lifetime or extended concealed carry permit is a closed 296
12471247 record. No bulk download or batch data shall be distributed 297
12481248 to any federal, state, or private entity, except to MoSMART 298
12491249 or a designee thereof. 299
12501250 12. For processing an application, the sheriff in each 300
12511251 county shall charge a nonrefundable fee not to exceed: 301
12521252 (1) Two hundred dollars for a new Missouri extended 302
12531253 concealed carry permit that is valid for ten years from the 303
12541254 date of issuance or renewal; 304
12551255 (2) Two hundred fifty dollars for a new Missouri 305
12561256 extended concealed carry permit that is valid for twenty- 306
12571257 five years from the date of issuance or renewal; 307
12581258 (3) Fifty dollars for a renewal of a Missouri extended 308
12591259 concealed carry permit; 309
12601260 (4) Five hundred dollars for a Missouri lifetime 310
12611261 concealed carry permit, 311
12621262 which shall be paid to the treasury of the county to the 312
12631263 credit of the sheriff's revolving fund. 313 SB 700 36
12641264 571.225. 1. Any person who has knowledge that another 1
12651265 person, who was issued a Missouri lifetime or extended 2
12661266 concealed carry permit under sections 571.205 to 571.230, 3
12671267 never was or no longer is eligible for such permit under the 4
12681268 criteria established in sections 571.205 to 571.230 may file 5
12691269 a petition with the clerk of the small claims court to 6
12701270 revoke that person's Missouri lifetime or extended concealed 7
12711271 carry permit. The petition shall be in a form substantially 8
12721272 similar to the petition for revocation of a Missouri 9
12731273 lifetime or extended concealed carry permit provided in this 10
12741274 section. [Appeal] Revocation petition forms shall be 11
12751275 provided by the clerk of the small claims court free of 12
12761276 charge to any person: 13
12771277 14 SMALL CLAIMS COURT
12781278 15 In the Circuit Court of ______, Missouri
12791279 16 ______, PLAINTIFF
12801280 17 )
12811281 18 )
12821282 19 vs. ) Case Number ______
12831283 20 )
12841284 21 )
12851285 22 ______, DEFENDANT,
12861286 23 Lifetime or Extended Carry Permit Holder
12871287 24 ______, DEFENDANT,
12881288 25 Sheriff of Issuance
12891289 26 PETITION FOR REVOCATION OF A
12901290 27
12911291 28
12921292 MISSOURI LIFETIME OR EXTENDED CONCEALED CARRY
12931293 PERMIT
12941294
12951295 29
12961296 30
12971297 Plaintiff states to the court that the defendant,
12981298 ______, has a Missouri lifetime or extended
12991299 SB 700 37
13001300 31
13011301 32
13021302 33
13031303 34
13041304 35
13051305 36
13061306 37
13071307 38
13081308 39
13091309 40
13101310 concealed carry permit issued pursuant to sections
13111311 571.205 to 571.230, RSMo, and that the defendant's
13121312 Missouri lifetime or extended concealed carry
13131313 permit should now be revoked because the defendant
13141314 either never was or no longer is eligible for such
13151315 a permit pursuant to the provisions of sections
13161316 571.205 to 571.230, RSMo, specifically plaintiff
13171317 states that defendant, ______, never was or no
13181318 longer is eligible for s uch permit or endorsement
13191319 for one or more of the following reasons:
13201320 41
13211321 42
13221322 (CHECK BELOW EACH REASON THAT APPLIES TO THIS
13231323 DEFENDANT)
13241324
13251325 43
13261326 44
13271327 45
13281328 46
13291329 47
13301330 □ Defendant is not at least [nineteen] eighteen
13311331 years of age [or at least eighteen years of age
13321332 and a member of the United States Armed Forces
13331333 or honorably discharged from the United States
13341334 Armed Forces].
13351335
13361336 48
13371337 49
13381338 □ Defendant is not a citizen or permanent
13391339 resident of the United States.
13401340
13411341 50
13421342 51
13431343 52
13441344 □ Defendant had not resided in this state prior
13451345 to issuance of the permit or is not a current
13461346 resident of this state.
13471347
13481348 53
13491349 54
13501350 55
13511351 56
13521352 57
13531353 58
13541354 59
13551355 60
13561356 61
13571357 □ Defendant has pled guilty to or been convicted
13581358 of a crime punishable by imprisonment for a
13591359 term exceeding two years under the laws of any
13601360 state or of the United States other than a
13611361 crime classified as a misdemeanor under the
13621362 laws of any state and punishable by a term of
13631363 imprisonment of one year or less that does not
13641364 involve an explosive weapon, firearm, firearm
13651365 silencer, or gas gun.
13661366
13671367 62
13681368 63
13691369 64
13701370 65
13711371 66
13721372 67
13731373 68
13741374 □ Defendant has been convicted of, pled guilty to
13751375 or entered a plea of nolo contendere to one or
13761376 more misdemeanor offenses involving crimes of
13771377 violence within a five -year period immediately
13781378 preceding application for a Missouri lifetime
13791379 or extended concealed carry permit issued
13801380 pursuant to sections 571.205 to 571.230, RSMo,
13811381 SB 700 38
13821382 69
13831383 70
13841384 71
13851385 72
13861386 73
13871387 74
13881388 75
13891389 76
13901390 or the defendant has been convicted of two or
13911391 more misdemeanor offenses involving driving
13921392 while under the influence of intoxicating
13931393 liquor or drugs or the possession or abuse of a
13941394 controlled substance within a five -year period
13951395 immediately preceding application for a
13961396 concealed carry permit issued pursuant to
13971397 sections 571.205 to 571.230, RSMo.
13981398 77
13991399 78
14001400 79
14011401 80
14021402 81
14031403 82
14041404 83
14051405 84
14061406 85
14071407 86
14081408 87
14091409 □ Defendant is a fugitive from justice or
14101410 currently charged in an information or
14111411 indictment with the commission of a crime
14121412 punishable by imprisonment for a term exceeding
14131413 one year under the laws of any state of the
14141414 United States other than a crime classified as
14151415 a misdemeanor under the laws of any state and
14161416 punishable by a term of imprisonment of two
14171417 years or less that does not involve an
14181418 explosive weapon, firearm, firearm silencer, or
14191419 gas gun.
14201420
14211421 88
14221422 89
14231423 90
14241424 □ Defendant has been discharged under
14251425 dishonorable conditions from the United States
14261426 Armed Forces.
14271427
14281428 91
14291429 92
14301430 93
14311431 □ Defendant is reasonably believed by the sheriff
14321432 to be a danger to self or others based on
14331433 previous, documented pattern.
14341434
14351435 94
14361436 95
14371437 96
14381438 97
14391439 98
14401440 99
14411441 100
14421442 101
14431443 102
14441444 103
14451445 104
14461446 □ Defendant is adjudged mentally incompetent at
14471447 the time of application or for five years prior
14481448 to application, or has been committed to a
14491449 mental health facility, as defined in section
14501450 632.005, RSMo, or a similar institution located
14511451 in another state, except that a person whose
14521452 release or discharge from a facility in this
14531453 state pursuant to chapter 632, RSMo, or a
14541454 similar discharge from a facility in another
14551455 state, occurred more than five years ago
14561456 without subsequent recommitment may apply.
14571457 SB 700 39
14581458 2. If at the hearing the plaintiff shows that the 133
14591459 defendant was not eligible for the Missouri lifetime or 134
14601460 extended concealed carry permit issued under sections 135
14611461 571.205 to 571.230 at the time of issuance or renewal or is 136
14621462 no longer eligible for a Missouri lifetime or extended 137
14631463 concealed carry permit the court shall issue an appropriate 138
14641464 order to cause the revocation of the Missouri lifetime or 139
14651465 105
14661466 106
14671467 107
14681468 □ Defendant failed to submit a completed
14691469 application for a concealed carry permit issued
14701470 pursuant to sections 571.205 to 571.230, RSMo.
14711471
14721472 108
14731473 109
14741474 110
14751475 111
14761476 112
14771477 113
14781478 114
14791479 115
14801480 □ Defendant failed to submit to or failed to
14811481 clear the required background chec k. (Note:
14821482 This does not apply if the defendant has
14831483 submitted to a background check and been issued
14841484 a provisional permit pursuant to subdivision
14851485 (2) of subsection 6 of section 571.205, RSMo,
14861486 and the results of the background check are
14871487 still pending.)
14881488
14891489 116
14901490 117
14911491 118
14921492 119
14931493 120
14941494 □ Defendant failed to submit an affidavit
14951495 attesting that the applicant complies with the
14961496 concealed carry safety training requirement
14971497 pursuant to subsections 1 and 2 of section
14981498 571.111, RSMo.
14991499
15001500 121
15011501 122
15021502 123
15031503 124
15041504 □ Defendant is otherwise disqualified from
15051505 possessing a firearm pursuant to 18 U.S.C.
15061506 Section 922(g) or section 571.070, RSMo,
15071507 because ______ (specify reason):
15081508
15091509 125
15101510 126
15111511 127
15121512 128
15131513 129
15141514 130
15151515 131
15161516 The plaintiff subject to penalty for perjury
15171517 states that the information contained in this
15181518 petition is true and correct to the best of the
15191519 plaintiff's knowledge, is reasonably based upon
15201520 the petitioner's personal knowledge and is not
15211521 primarily intended to harass the
15221522 defendant/respondent named herein.
15231523
15241524 132 __________________ , PLAINTIFF SB 700 40
15251525 extended concealed carry permit. Costs shall not be 140
15261526 assessed against the sheriff. 141
15271527 3. The finder of fact, in any action brought against a 142
15281528 permit holder under subsection 1 of this section, shall make 143
15291529 findings of fact and the court shall make conclusions of law 144
15301530 addressing the issues at dispute. If it is determined that 145
15311531 the plaintiff in such an action acted without justification 146
15321532 or with malice or primarily with an intent to harass the 147
15331533 permit holder or that there was no reasonable basis to bring 148
15341534 the action, the court shall order the plaintiff to pay the 149
15351535 defendant/respondent all reasonable costs incurred in 150
15361536 defending the action including, but not limited to, 151
15371537 attorney's fees, deposition costs, and lost wages. Once the 152
15381538 court determines that the plaintiff is liable to the 153
15391539 defendant/respondent for costs and fees, the extent and type 154
15401540 of fees and costs to be awarded should be liberally 155
15411541 calculated in defendant/respondent's favor. Notwithstanding 156
15421542 any other provision of law, reasonable attorney's fees shall 157
15431543 be presumed to be at least one hundred fifty dollars per 158
15441544 hour. 159
15451545 4. Any person aggrieved by any final judgment rendered 160
15461546 by a small claims court in a petition for revocation of a 161
15471547 Missouri lifetime or extended concealed carry permit may 162
15481548 have a right to trial de novo as provided in sections 163
15491549 512.180 to 512.320. 164
15501550 5. The office of the county sheriff or any employee or 165
15511551 agent of the county sheriff shall not be liable for damages 166
15521552 in any civil action arising from alleged wrongful or 167
15531553 improper granting, renewing, or failure to revoke a Missouri 168
15541554 lifetime or extended concealed carry permit issued under 169 SB 700 41
15551555 sections 571.205 to 571.230 so long as the sheriff acted in 170
15561556 good faith. 171
15571557