Summary

This bill provides for the issuance of permits for concealable firearms, amends laws relating to a permit to acquire a concealable firearm, and changes the crime of unlawful use of a weapon. It also allows peace officers to carry off-duty and/or outside their jurisdiction without a permit.

A permit to carry a concealed firearm will be issued by the sheriff in the county in which the applicant resides or with the county police in St. Louis County, if the applicant:

  1. is 21 years of age, a U.S. citizen, and a resident of this state for at least 6 months;
  2. has not pled guilty to, or been convicted of any felony.
  3. has not pled guilty to or been convicted of any crime punishable by imprisonment for a term exceeding one year under the laws of any state or of the United States, unless that crime is classified as a misdemeanor and is punishable by a term of imprisonment of two years or less and does not involve a firearm.
  4. is not a fugitive from justice for felony charges anywhere in the United States;
  5. has not been dishonorably discharged from the armed services;
  6. is not frequently intoxicated by alcohol or a known controlled substance abuser;
  7. is not currently mentally incompetent or mentally ill;
  8. has never been committed to a mental health facility;
  9. has not exhibited violent behavior towards others, except in self-defense, in the last 5 years; and
  10. completes a minimum of 12 hours of handgun safety training approved by the Department of Public Safety.

The sheriff must take a set of fingerprints of applicants, will initiate a comprehensive local, state and federal criminal background check, and also make inquiries into the accuracy of statements made on an application. If all statutory requirements have been met, and no disqualifying criminal record has been discovered, the sheriff must issue the permit to carry a concealed firearm within 45 days of the application. The bill requires the sheriff to submit reports relating to permits to carry concealed firearms to the Missouri Uniform Law Enforcement System.

The Department of Public Safety is required to establish a statewide uniform permit to be issued by the county sheriffs.

The permit will have a processing fee of $80 and is valid for 3 years. Permit renewal will have a fee of $35 and must be applied for in the county where the permit holder currently resides. The fee collected for the issuing of a permit and all renewal fees will be kept by the sheriff and deposited in a revolving fund for the purposes of covering the costs incurred issuing and renewing permits.

In cases where the sheriff refuses to issue or to act on an application for a permit, such refusal must be in writing, stating the reasons for the refusal. The applicant may appeal the permit refusal within 45 days of receiving the written denial to the small claims court upon proper petition. The petition form is provided in the bill.

The sheriff is granted access to juvenile court records of any applicant for a permit to acquire a concealable firearm.

Prop. B immediately allows, with no permit requirement, statewide authorization to carry concealed weapons for the following:

  1. Off-duty police officers both inside or outside of their jurisdiction.
  2. Prison wardens and superintendents.
  3. State and Federal Judges.
  4. Process Servers.
  5. Federal Probation officers.
  6. State probation or parole officers, including supervisors and members of the board of probation and parole.
  7. Any "Corporate security advisor" meeting the definition and fulfilling the existing requirements for that designation.

Prop. B adds new prohibitions which permanently ban anyone from possessing a handgun under any circumstances if they had been convicted as a juvenile of any crime involving a handgun, which if committed by an adult would have been considered a dangerous felony by Missouri statute.

Prop B. explicitly states that CCW permit holders will be subject to existing statutory prohibitions against possessing any firearm under any circumstances while intoxicated, or "...into any church or place where people have assembled for worship, or into any school, or into any election precinct on any election day, or into any building owned or occupied by any agency of the federal government, state government, or political subdivision thereof.".

Prop. B does not affect existing federal prohibitions against firearms possession by any felon, and any person ever convicted of misdemeanor domestic violence.

Prop B. allows any person, agency or business to deny access to persons who attempt to carry concealed firearms into buildings they own or lease by placing signs prohibiting concealed firearms. Any permit holder who enters such a posted building shall be guilty of the infraction of trespass for the first two offenses [punishable by fines of up to $200 each]. The third such violation within a five-year period shall constitute a class C misdemeanor and result in permit revocation.

For further information, see our website at www.moccw.org or send email to .

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