SECOND REGULAR SESSION
97TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES SOMMER (Sponsor) AND WHITE (Co-sponsor).
6469H.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal sections 571.107 and 571.121, RSMo, and to enact in lieu thereof four new sections relating to the carrying of concealed firearms, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 571.107 and 571.121, RSMo, are repealed and four new sections enacted in lieu thereof, to be known as sections 160.670, 571.107, 571.108, and 571.121, to read as follows:
160.670. 1. The provisions of this section shall be known and referred to as the "Missouri Strategic Action for Emergencies Act" or "Mo. S.A.F.E.".
2. The governing body of each school district shall establish a schools safety and emergency response procedure in buildings in which the instruction of students is provided. The governing body may request assistance from the state department of public safety, Missouri state emergency management agency, and any local emergency management agency or public safety agency located within its district boundaries to develop and establish the schools safety and emergency response procedure.
3. The local school board, in conjunction with local law enforcement, may determine what teacher training is necessary and appropriate. Each school district shall conduct such training on an annual basis.
571.107. 1. A concealed carry permit issued pursuant to sections 571.101 to 571.121, a valid concealed carry endorsement issued prior to August 28, 2013, or a concealed carry endorsement or permit issued by another state or political subdivision of another state shall authorize the person in whose name the permit or endorsement is issued to carry concealed firearms on or about his or her person or vehicle throughout the state. No concealed carry permit issued pursuant to sections 571.101 to 571.121, valid concealed carry endorsement issued prior to August 28, 2013, or a concealed carry endorsement or permit issued by another state or political subdivision of another state shall authorize any person to carry concealed firearms into:
(1) Any police, sheriff, or highway patrol office or station without the consent of the chief law enforcement officer in charge of that office or station. Possession of a firearm in a vehicle on the premises of the office or station shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;
(2) Within twenty-five feet of any polling place on any election day. Possession of a firearm in a vehicle on the premises of the polling place shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;
(3) The facility of any adult or juvenile detention or correctional institution, prison or jail. Possession of a firearm in a vehicle on the premises of any adult, juvenile detention, or correctional institution, prison or jail shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;
(4) Any courthouse solely occupied by the circuit, appellate or supreme court, or any courtrooms, administrative offices, libraries or other rooms of any such court whether or not such court solely occupies the building in question. This subdivision shall also include, but not be limited to, any juvenile, family, drug, or other court offices, any room or office wherein any of the courts or offices listed in this subdivision are temporarily conducting any business within the jurisdiction of such courts or offices, and such other locations in such manner as may be specified by supreme court rule pursuant to subdivision (6) of this subsection. Nothing in this subdivision shall preclude those persons listed in subdivision (1) of subsection 2 of section 571.030 while within their jurisdiction and on duty, those persons listed in subdivisions (2), (4), and (10) of subsection 2 of section 571.030, or such other persons who serve in a law enforcement capacity for a court as may be specified by supreme court rule pursuant to subdivision (6) of this subsection from carrying a concealed firearm within any of the areas described in this subdivision. Possession of a firearm in a vehicle on the premises of any of the areas listed in this subdivision shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;
(5) Any meeting of the governing body of a unit of local government; or any meeting of the general assembly or a committee of the general assembly, except that nothing in this subdivision shall preclude a member of the body holding a valid concealed carry permit or endorsement from carrying a concealed firearm at a meeting of the body which he or she is a member. Possession of a firearm in a vehicle on the premises shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises. Nothing in this subdivision shall preclude a member of the general assembly, a full-time employee of the general assembly employed under Section 17, Article III, Constitution of Missouri, legislative employees of the general assembly as determined under section 21.155, or statewide elected officials and their employees, holding a valid concealed carry permit or endorsement, from carrying a concealed firearm in the state capitol building or at a meeting whether of the full body of a house of the general assembly or a committee thereof, that is held in the state capitol building;
(6) The general assembly, supreme court, county or municipality may by rule, administrative regulation, or ordinance prohibit or limit the carrying of concealed firearms by permit or endorsement holders in that portion of a building owned, leased or controlled by that unit of government. Any portion of a building in which the carrying of concealed firearms is prohibited or limited shall be clearly identified by signs posted at the entrance to the restricted area. The statute, rule or ordinance shall exempt any building used for public housing by private persons, highways or rest areas, firing ranges, and private dwellings owned, leased, or controlled by that unit of government from any restriction on the carrying or possession of a firearm. The statute, rule or ordinance shall not specify any criminal penalty for its violation but may specify that persons violating the statute, rule or ordinance may be denied entrance to the building, ordered to leave the building and if employees of the unit of government, be subjected to disciplinary measures for violation of the provisions of the statute, rule or ordinance. The provisions of this subdivision shall not apply to any other unit of government;
(7) Any establishment licensed to dispense intoxicating liquor for consumption on the premises, which portion is primarily devoted to that purpose, without the consent of the owner or manager. The provisions of this subdivision shall not apply to the licensee of said establishment. The provisions of this subdivision shall not apply to any bona fide restaurant open to the general public having dining facilities for not less than fifty persons and that receives at least fifty-one percent of its gross annual income from the dining facilities by the sale of food. This subdivision does not prohibit the possession of a firearm in a vehicle on the premises of the establishment and shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises. Nothing in this subdivision authorizes any individual who has been issued a concealed carry permit or endorsement to possess any firearm while intoxicated;
(8) Any area of an airport to which access is controlled by the inspection of persons and property. Possession of a firearm in a vehicle on the premises of the airport shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;
(9) Any place where the carrying of a firearm is prohibited by federal law;
(10) Any higher education institution or elementary or secondary school facility without the consent of the governing body of the higher education institution or a school official or the district school board. Possession of a firearm in a vehicle on the premises of any higher education institution or elementary or secondary school facility shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;
(11) Any portion of a building used as a child care facility without the consent of the manager. Nothing in this subdivision shall prevent the operator of a child care facility in a family home from owning or possessing a firearm or a concealed carry permit or endorsement;
(12) Any riverboat gambling operation accessible by the public without the consent of the owner or manager pursuant to rules promulgated by the gaming commission. Possession of a firearm in a vehicle on the premises of a riverboat gambling operation shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;
(13) Any gated area of an amusement park. Possession of a firearm in a vehicle on the premises of the amusement park shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;
(14) Any church or other place of religious worship without the consent of the minister or person or persons representing the religious organization that exercises control over the place of religious worship. Possession of a firearm in a vehicle on the premises shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;
(15) Any private property whose owner has posted the premises as being off-limits to concealed firearms by means of one or more signs displayed in a conspicuous place of a minimum size of eleven inches by fourteen inches with the writing thereon in letters of not less than one inch. The owner, business or commercial lessee, manager of a private business enterprise, or any other organization, entity, or person may prohibit persons holding a concealed carry permit or endorsement from carrying concealed firearms on the premises and may prohibit employees, not authorized by the employer, holding a concealed carry permit or endorsement from carrying concealed firearms on the property of the employer. If the building or the premises are open to the public, the employer of the business enterprise shall post signs on or about the premises if carrying a concealed firearm is prohibited. Possession of a firearm in a vehicle on the premises shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises. An employer may prohibit employees or other persons holding a concealed carry permit or endorsement from carrying a concealed firearm in vehicles owned by the employer;
(16) Any sports arena or stadium with a seating capacity of five thousand or more. Possession of a firearm in a vehicle on the premises shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;
(17) Any hospital accessible by the public. Possession of a firearm in a vehicle on the premises of a hospital shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises.
2. Carrying of a concealed firearm in a location specified in subdivisions (1) to (17) of subsection 1 of this section by any individual who holds a concealed carry permit issued pursuant to sections 571.101 to 571.121, or a concealed carry endorsement issued prior to August 28, 2013, shall not be a criminal act but may subject the person to denial to the premises or removal from the premises. If such person refuses to leave the premises and a peace officer is summoned, such person may be issued a citation for an amount not to exceed one hundred dollars for the first offense. If a second citation for a similar violation occurs within a six-month period, such person shall be fined an amount not to exceed two hundred dollars and his or her permit, and, if applicable, endorsement to carry concealed firearms shall be suspended for a period of one year. If a third citation for a similar violation is issued within one year of the first citation, such person shall be fined an amount not to exceed five hundred dollars and shall have his or her concealed carry permit, and, if applicable, endorsement revoked and such person shall not be eligible for a concealed carry permit for a period of three years. Upon conviction of charges arising from a citation issued pursuant to this subsection, the court shall notify the sheriff of the county which issued the concealed carry permit, or, if the person is a holder of a concealed carry endorsement issued prior to August 28, 2013, the court shall notify the sheriff of the county which issued the certificate of qualification for a concealed carry endorsement and the department of revenue. The sheriff shall suspend or revoke the concealed carry permit or, if applicable, the certificate of qualification for a concealed carry endorsement. If the person holds an endorsement, the department of revenue shall issue a notice of such suspension or revocation of the concealed carry endorsement and take action to remove the concealed carry endorsement from the individual's driving record. The director of revenue shall notify the licensee that he or she must apply for a new license pursuant to chapter 302 which does not contain such endorsement. The notice issued by the department of revenue shall be mailed to the last known address shown on the individual's driving record. The notice is deemed received three days after mailing.
3. Subsection 1 of this section shall not apply to any person who has a valid concealed carry endorsement and who is:
(1) A peace officer, a federal law enforcement officer or agent, a military police officer, or any such officer or agent retired in good standing;
(2) Employed or contracted by an entity described in subsection 1 of this section to provide security services and is required by his or her terms of employment to carry a concealed firearm on the premises of the employing or contracting entity;
(3) A licensed private investigator under chapter 324;
(4) A corrections officer or a retired corrections officer of a county sheriff's department;
(5) An auxiliary officer or reserve officer of a police or sheriff's department;
(6) A current or retired parole, probation, or corrections officer of the state department of corrections;
(7) A current or retired state or federal judge; or
(8) A bailiff, marshal, or court officer who maintains safety and order in courtrooms.
4. The provisions of subdivisions (2), (5), (6), (7), (10), (11), (12), (13), (14), (16), and (17) of subsection 1 of this section shall not apply to any person who has a valid concealed carry endorsement plus under the provisions of section 571.108.
571.108. 1. Any person who has a valid concealed carry endorsement or a certificate of qualification for a concealed carry endorsement or who makes application for a concealed carry endorsement may also make application for a concealed carry endorsement plus. Such application shall be made to the sheriff in the county or city in which the applicant resides. Upon receipt of such certificate, the certificate holder shall apply for a driver's license or nondriver's license with the director of revenue in order to obtain a concealed carry endorsement plus. A concealed carry endorsement plus shall be valid for the same time period as the underlying concealed carry endorsement. If a concealed carry endorsement plus has not been suspended, revoked, cancelled, denied, or invalidated it shall entitle the holder to carry concealed firearms into any place where it is otherwise prohibited under subdivisions (2), (5), (6), (7), (10), (11), (12), (13), (14), (16), and (17) of subsection 1 of section 571.107.
2. The sheriff or his or her designee shall issue a certificate of qualification for a concealed carry endorsement plus if the applicant:
(1) Is at least twenty-one years of age;
(2) Submits an affidavit attesting that the applicant complies with the concealed carry endorsement plus training requirement under subsection 13 of this section. Such training shall be completed not more than three years immediately preceding the date of application for an original or renewal endorsement under this section;
(3) Submits a completed application for a certificate of qualification for a concealed carry endorsement plus as described in subsection 4 of this section; and
(4) Has a valid concealed carry endorsement; or
(5) Has a valid certificate of qualification for a concealed carry endorsement.
3. If an applicant for a certificate of qualification for a concealed carry endorsement plus applies for the endorsement at the same time as he or she applies for a certificate of qualification for a concealed carry endorsement, the sheriff shall not issue the certificate of qualification for a concealed carry endorsement plus until he or she has first approved and issued the certificate of qualification for the concealed carry endorsement.
4. The application for a concealed carry endorsement plus shall be filed in writing, signed under oath and under the penalties of perjury, and shall contain only the following information:
(1) The applicant's name, address, telephone number, gender, and date and place of birth;
(2) An affirmation that the applicant is at least twenty-one years of age;
(3) An affirmation that the applicant has received firearms safety training that meets the standards of applicant firearms safety training defined in subsection 13 of this section;
(4) An affirmation that the applicant has a valid concealed carry endorsement or that the applicant has a certificate of qualification for a concealed carry endorsement or that the applicant is also making application for a certificate of qualification for a concealed carry endorsement; and
(5) A conspicuous warning that false statements made by the applicant will result in prosecution for perjury under the laws of the state of Missouri.
5. In addition to the completed application, the applicant for a certificate of qualification for a concealed carry endorsement plus shall:
(1) Submit a photocopy of a firearms safety training certificate of completion or other evidence of completion of a firearms safety training course that meets the standards of subsection 13 of this section; and
(2) Display a valid concealed carry endorsement; or
(3) Display a certificate of qualification for a concealed carry endorsement; or
(4) Have submitted an application for a certificate of qualification for a concealed carry endorsement.
6. Before an application for a certificate of qualification for a concealed carry endorsement plus is approved, the sheriff shall make only such inquiries as he or she deems necessary into the accuracy of the statements made in the application. The sheriff may refuse to approve an application for a certificate of qualification for a concealed carry endorsement plus if he or she determines that any of the requirements specified in subsection 2 of this section have not been met. If the applicant is found to be ineligible, the sheriff is required to deny the application and notify the applicant in writing stating the grounds for denial and informing the applicant of the right to submit, within thirty days, any additional documentation relating to the grounds of the denial. Upon receiving any additional documentation, the sheriff shall reconsider his or her decision and inform the applicant within thirty days of the result of the reconsideration. The applicant shall further be informed in writing of the right to appeal the denial under subsection 21 of this section. After two additional reviews and denials by the sheriff, the person submitting the application may appeal the denial in accordance with the provisions of subsection 21 of this section.
7. If the application is approved, the sheriff shall issue a certificate of qualification for a concealed carry endorsement plus to the applicant within three working days of the date of the approval of the application. The applicant shall sign the certificate of qualification for a concealed carry endorsement plus in the presence of the sheriff or his or her designee and shall within seven days of receipt of the certificate of qualification for a concealed carry endorsement plus take the certificate of qualification for a concealed carry endorsement plus to the department of revenue. Upon verification of the certificate of qualification for a concealed carry endorsement plus and completion of a driver's license or nondriver's license application under chapter 302, the director of revenue shall issue a new driver's license or nondriver's license with an endorsement which identifies that the applicant has received a certificate of qualification for a concealed carry endorsement plus issued under this section if the applicant is otherwise qualified to receive such driver's license or nondriver's license. Notwithstanding any other provision of chapter 302, a nondriver's license with a concealed carry endorsement and a concealed carry endorsement plus shall expire three years from the date the certificate of qualification for a concealed carry endorsement was issued.
8. The sheriff shall keep a record of all applications for a certificate of qualification for a concealed carry endorsement plus and his or her action thereon. The sheriff shall report the issuance of a certificate of qualification for a concealed carry endorsement plus to the Missouri uniform law enforcement system. All information on any such certificate that is protected information on any driver's or nondriver's license shall have the same personal protection for purposes of this section. An applicant's status as a holder of a certificate of qualification for a concealed carry endorsement plus shall not be public information and shall be considered personal protected information. Any person who violates the provisions of this subsection by disclosing protected information is guilty of a class A misdemeanor.
9. Information regarding any holder of a certificate of qualification for a concealed carry endorsement plus is a closed record.
10. For processing an application for a certificate of qualification for a concealed carry endorsement plus or for processing a renewal of a certificate of qualification for a concealed carry endorsement plus under this section, the sheriff in each county shall charge a nonrefundable fee not to exceed ten dollars which shall be paid to the treasury of the county to the credit of the sheriff's revolving fund.
11. For the purposes of this section, the term "sheriff" shall include the sheriff of any county or city not within a county or his or her designee, and in counties of the first classification the sheriff may designate the chief of police of any city, town, or municipality within such county.
12. An applicant for a certificate of qualification for a concealed carry endorsement plus shall demonstrate knowledge of firearms safety training. This requirement shall be fully satisfied if the applicant for a certificate of qualification for a concealed carry endorsement plus:
(1) Submits a photocopy of a certificate of firearms safety training course as defined in subsection 13 of this section, signed by a certified advanced pistol instructor as defined in subsection 22 of this section; or
(2) Is a certified advanced pistol instructor as defined in subsection 22 of this section; or
(3) Submits proof that the applicant currently holds any type of valid peace officer license issued under the requirements of chapter 590.
13. A certificate of firearms safety training course completion may be issued to any applicant by any certified advanced pistol instructor as defined in subsection 22 of this section. On the certificate of course completion, the certified advanced pistol instructor shall affirm that the individual receiving instruction has taken and passed a firearms safety course of at least fifteen hours in length which is in addition to any firearms safety training required for a concealed carry endorsement. The instructor shall also affirm that the training, focused on emergency situations in public places where carrying a concealed firearm is otherwise prohibited, was taught by the instructor and that the training included:
(1) Both classroom and range training;
(2) The firing of at least three hundred rounds of ammunition; and
(3) Training in firearms proficiency and self-defense tactics.
14. A certified advanced pistol instructor shall not give a grade of passing to an applicant for a concealed carry endorsement plus who:
(1) Does not follow the orders of the certified advanced pistol instructor or cognizant range officer; or
(2) Handles a firearm in a manner that, in the judgment of the certified advanced pistol instructor, poses a danger to the applicant or to others.
15. A certified advanced pistol instructor shall be considered to be a certified advanced pistol instructor by any sheriff issuing a certificate of qualification for a concealed carry endorsement plus if the instructor meets the requirements of subsection 22 of this section.
16. Any certified advanced pistol instructor who knowingly provides any sheriff with any false information concerning an applicant's performance on any portion of the required training and qualification is guilty of a class C misdemeanor.
17. A concealed carry endorsement plus shall automatically be suspended or revoked or become invalid whenever the holder's underlying concealed carry endorsement is suspended or revoked or becomes invalid and no notice of the suspension or revocation of the concealed carry endorsement plus shall be required other than the notice of suspension or revocation of the underlying concealed carry endorsement under section 571.104. The concealed carry endorsement plus shall automatically be reinstated whenever the underlying concealed carry endorsement is reinstated.
18. Any person who wishes to renew a concealed carry endorsement plus shall, within the three years immediately preceding the application for renewal, complete at least six hours of firearms safety training taught by a certified advanced pistol instructor which is a review of the firearms safety training required to initially obtain a concealed carry endorsement plus.
19. A concealed carry endorsement plus may be renewed at any time the underlying concealed carry endorsement is renewed. The sheriff of the county in which the concealed carry endorsement plus holder resides shall renew the endorsement plus by issuing a certificate of qualification for concealed carry endorsement plus which contains the date such certificate was renewed if the concealed carry endorsement plus holder:
(1) Applies to have the concealed carry endorsement plus renewed by submitting an application stating his or her name and date of birth, that he or she wants to renew the concealed carry endorsement plus, and that he or she has successfully completed the firearms safety training required under subsection 18 of this section;
(2) Submits a photocopy of a certificate of firearms safety training course completion as required by subsection 18 of this section signed by a certified advanced pistol instructor as defined in subsection 22 of this section;
(3) Displays a valid concealed carry endorsement; and
(4) Pays the sheriff's renewal fee.
20. A person who has been issued a certificate of qualification for a concealed carry endorsement plus who fails to file a renewal application on or before the expiration date for the underlying concealed carry endorsement shall pay an additional late fee of ten dollars per month for each month it is expired for up to six months. After six months, the sheriff who issued the expired certificate shall notify the director of revenue that such certificate is expired. The director of revenue shall immediately cancel the concealed carry endorsement plus and remove such endorsement from the individual's driving record and notify the individual of such cancellation. The notice of cancellation shall be sent to the address on the driver's license or nondriver's license. Any person who has been issued a certificate of qualification for a concealed carry endorsement plus under this section who fails to renew his or her endorsement plus within the six-month period shall reapply for a new certificate of qualification for a concealed carry endorsement plus and pay the fee for a new application. The director of revenue shall not issue an endorsement on a renewed driver's license or renewed nondriver's license unless the applicant for such license provides evidence that he or she has renewed the certificate of qualification for a concealed carry endorsement plus in the manner provided for such renewal under this section. If an applicant for renewal of a driver's license or nondriver's license containing a concealed carry endorsement plus does not want to maintain the concealed carry endorsement plus, the applicant shall inform the director of revenue at the time of license renewal of his or her desire to remove the endorsement. When a driver's or nondriver's license applicant informs the director of revenue of his or her desire to remove the concealed carry endorsement plus, the director of revenue shall renew the driver's or nondriver's license without the endorsement appearing on the license if the applicant is otherwise qualified for such renewal.
21. In any case when the sheriff refuses to issue a certificate of qualification for a concealed carry endorsement plus or to act on an application for such certificate, the denied applicant shall have the right to appeal the denial within thirty days of receiving written notice of the denial. The appeal shall be handled in the same manner as an appeal of a sheriff's denial of a concealed carry endorsement under section 571.114.
22. For purposes of this section, a certified advanced pistol instructor means an instructor who:
(1) Is a qualified firearms safety instructor under subsection 5 of section 571.111; and
(2) Is an NRA certified advanced pistol instructor or meets the following substantially similar requirements:
(a) Is a personal protection outside the home instructor or has completed course requirements for personal protection inside the home and basic pistol courses;
(b) Has completed sufficient additional advanced firearms training, such as "gunsite", "thunder ranch", "LFI", "MAG", or "NRA LEAD"; and
(c) Has made a conscious decision to lawfully carry a pistol for personal protection in his or her daily life in order to share what is learned from his or her practical experience.
571.121. 1. Any person issued a concealed carry permit pursuant to sections 571.101 to 571.121, or a concealed carry endorsement issued prior to August 28, 2013, shall carry the concealed carry permit or endorsement at all times the person is carrying a concealed firearm and shall display the concealed carry permit and a state or federal government-issued photo identification or the endorsement or permit upon the request of any peace officer. Failure to comply with this subsection shall not be a criminal offense but the concealed carry permit or endorsement holder may be issued a citation for an amount not to exceed thirty-five dollars.
2. Notwithstanding any other provisions of law, the director of revenue, by carrying out his or her requirement to issue a driver's or nondriver's license reflecting that a concealed carry [permit] endorsement or a concealed carry endorsement plus has been granted under the law as it existed prior to August 28, 2013, shall bear no liability and shall be immune from any claims for damages resulting from any determination made regarding the qualification of any person for such [permit] concealed carry endorsement or concealed carry endorsement plus or for any actions stemming from the conduct of any person issued such a [permit] concealed carry endorsement or concealed carry endorsement plus. By issuing the [permit] concealed carry endorsement or concealed carry endorsement plus on the driver's or nondriver's license, the director of revenue was merely acting as a scrivener for any determination made by the sheriff that the person was qualified for the [permit] concealed carry endorsement or concealed carry endorsement plus.
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