HB 328 -- Concealed Weapons

Co-Sponsors:  Munzlinger, Townley, Dougherty, Dethrow, Crawford,
Whorton, Behnen

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

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

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

QUALIFICATIONS FOR OBTAINING A CONCEALED CARRY PERMIT

To qualify for a concealed carry permit, individuals must:

(1)  Be at least 21 years of age;

(2)  Be a citizen of the United States;

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

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

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

(6)  Not be a fugitive from justice;

(7)  Not be currently charged with a felony;

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

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

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

(11)  Clear a background check conducted by the Federal Bureau of
Investigation using the National Instant Check System; and

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

TRAINING REQUIREMENTS

Applicants for a concealed carry endorsement must complete a
firearms safety course provided by an instructor certified by a
state or federal law enforcement agency or the National Rifle
Association.  The bill specifies the required curriculum which
includes classroom work and live firing exercises.  The bill sets
forth the training required for the certification of a firearms
safety instructor.  Instructors must keep their course records
available for at least four years.  Instructors who provide false
information about the performance of an applicant in the training
program are guilty of a class C misdemeanor.

ADMINISTRATIVE PROVISIONS

Sheriffs must approve or deny applications within 30 days.  If
the applicant is approved, the sheriff must issue the permit
within seven working days.  The sheriff may deny an application
if there is reason to believe the applicant lied on the
application.  Denials must be communicated in writing, state the
grounds for denial, and inform the applicant of the right to
appeal for a 30-day period.  The bill sets forth an appeal form
and a process by which appeals may be made through the Small
Claims Court.  Sheriffs must keep records of all applications and
report the issuance of all permits to the Missouri Uniform Law
Enforcement System (MULES).  Application fees may not exceed $50,
and renewal fees may not exceed $10.

The application must contain a conspicuous warning that false
statements will constitute perjury, a class D felony.  Any person
attempting to transfer, alter, or use the permit of another
person or otherwise obtain a permit through false representation
is guilty of a class A misdemeanor.  Permits issued to anyone who
later fails to meet any of the requirements for a permit will be
suspended or revoked.  When an order of protection is issued
against a permit holder, the permit holder must surrender the
permit until the order of protection is terminated.  Permit
holders who have their permit revoked may petition the Small
Claims Court for reinstatement.

LIMITATIONS ON WHERE CONCEALED FIREARMS MAY BE CARRIED

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

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

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

(2)  Allowing a person to discharge a firearm at a building,
habitable structure, or motor vehicle when the person is on
private property with the property owner's permission; and

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

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