SECOND REGULAR SESSION

HOUSE BILL NO. 1747

96TH GENERAL ASSEMBLY


 

 

INTRODUCED BY REPRESENTATIVES WELLS (Sponsor), DUGGER, ENTLICHER, FISHER, POLLOCK, NOLTE, SMITH (150), SCHATZ, SCHOELLER, LOEHNER, KELLEY (126), MOLENDORP, RUZICKA, TORPEY, GUERNSEY, DIEHL, HAEFNER, DAVIS, WHITE, LANT, SOMMER, LICHTENEGGER, ZERR, McCAHERTY, BRANDOM, ROWLAND, PARKINSON, NANCE, WETER, JOHNSON, CAUTHORN, KORMAN, LEARA, McNARY, SCHIEBER, HODGES, SCHAD, COOKSON, SCHARNHORST, BRATTIN, KOENIG, JONES (117), LONG, CONWAY (14), SCHNEIDER, PHILLIPS, MEADOWS, FUNDERBURK, HINSON, FRAKER, KEENEY, KLIPPENSTEIN, SATER, CRAWFORD, SWINGER, FALLERT, SCHIEFFER, TILLEY, McGHEE, BROWN (116), GATSCHENBERGER, HOUGH, BLACK, WEBBER, CROSS, WRIGHT, JONES (89), BERNSKOETTER, COX AND THOMSON (Co-sponsors).

5867H.01I                                                                                                                                                  D. ADAM CRUMBLISS, Chief Clerk


 

AN ACT

To repeal sections 571.020, 571.101, and 571.111, RSMo, and to enact in lieu thereof three new sections relating to weapons, with penalty provisions in existing language.




Be it enacted by the General Assembly of the state of Missouri, as follows:


            Section A. Sections 571.020, 571.101, and 571.111, RSMo, are repealed and three new sections enacted in lieu thereof, to be known as sections 571.020, 571.101, and 571.111, to read as follows:

            571.020. 1. A person commits a crime if such person knowingly possesses, manufactures, transports, repairs, or sells:

            (1) An explosive weapon;

            (2) An explosive, incendiary or poison substance or material with the purpose to possess, manufacture or sell an explosive weapon;

            (3) A gas gun;

            (4) A switchblade knife;

            (5) A bullet or projectile which explodes or detonates upon impact because of an independent explosive charge after having been shot from a firearm; or

            (6) Knuckles; or

            (7) Any of the following in violation of federal law:

            (a) A machine gun;

            (b) A short-barreled rifle or shotgun; or

            (c) A firearm silencer.

            2. A person does not commit a crime pursuant to this section if his conduct involved any of the items in subdivisions (1) to (6) of subsection 1, the item was possessed in conformity with any applicable federal law, and the conduct was incident to:

            (1) [Was incident to the performance of] Performing an official duty by the armed forces, national guard, a governmental law enforcement agency, or a penal institution; or

            (2) [Was incident to] Engaging in a lawful commercial or business transaction with an organization enumerated in subdivision (1) of this section; or

            (3) [Was incident to] Using an explosive weapon in a manner reasonably related to a lawful industrial or commercial enterprise; or

            (4) [Was incident to] Displaying the weapon in a public museum or exhibition; or

            (5) [Was incident to] Using the weapon in a manner reasonably related to a lawful dramatic performance; or

            (6) Dealing with the weapon solely as a curio, ornament, or keepsake.

            3. A crime pursuant to subdivision (1), (2), (3) or (7) of subsection 1 of this section is a class C felony; a crime pursuant to subdivision (4), (5) or (6) of subsection 1 of this section is a class A misdemeanor.

            571.101. 1. All applicants for concealed carry endorsements issued pursuant to subsection 7 of this section must satisfy the requirements of sections 571.101 to 571.121. If the said applicant can show qualification as provided by sections 571.101 to 571.121, the county or city sheriff shall issue a certificate of qualification for a concealed carry endorsement. 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. Any person who has been issued a concealed carry endorsement on a driver's license or nondriver's license and such endorsement or license has not been suspended, revoked, cancelled, or denied may carry concealed firearms on or about his or her person or within a vehicle. A concealed carry endorsement shall be valid for a period of three years from the date of issuance or renewal. The concealed carry endorsement is valid throughout this state.

            2. A certificate of qualification for a concealed carry endorsement issued pursuant to subsection 7 of this section shall be issued by the sheriff or his or her designee of the county or city in which the applicant resides, if the applicant:

            (1) Is at least twenty-one years of age, is a citizen of the United States and either:

            (a) Has assumed residency in this state; or

            (b) Is a member of the armed forces stationed in Missouri, or the spouse of such member of the military;

            (2) Has not pled guilty to or entered a plea of nolo contendere or been convicted of a crime punishable by imprisonment for a term exceeding one year under the laws of any state or of the United States other than a crime classified as a misdemeanor under the laws of any state and punishable by a term of imprisonment of one year or less that does not involve an explosive weapon, firearm, firearm silencer or gas gun;

            (3) Has not been convicted of, pled guilty to or entered a plea of nolo contendere to one or more misdemeanor offenses involving crimes of violence within a five-year period immediately preceding application for a certificate of qualification for a concealed carry endorsement or if the applicant has not been convicted of two or more misdemeanor offenses involving driving while under the influence of intoxicating liquor or drugs or the possession or abuse of a controlled substance within a five-year period immediately preceding application for a certificate of qualification for a concealed carry endorsement;

            (4) Is not a fugitive from justice or currently charged in an information or indictment with the commission of a crime punishable by imprisonment for a term exceeding one year under the laws of any state of the United States other than a crime classified as a misdemeanor under the laws of any state and punishable by a term of imprisonment of two years or less that does not involve an explosive weapon, firearm, firearm silencer, or gas gun;

            (5) Has not been discharged under dishonorable conditions from the United States armed forces;

            (6) Has not engaged in a pattern of behavior, documented in public records, that causes the sheriff to have a reasonable belief that the applicant presents a danger to himself or others;

            (7) Is not adjudged mentally incompetent at the time of application or for five years prior to application, or has not been committed to a mental health facility, as defined in section 632.005, or a similar institution located in another state following a hearing at which the defendant was represented by counsel or a representative;

            (8) Submits a completed application for a certificate of qualification as described in subsection 3 of this section;

            (9) Submits an affidavit attesting that the applicant complies with the concealed carry safety training requirement pursuant to subsections 1 and 2 of section 571.111;

            (10) Is not the respondent of a valid full order of protection which is still in effect.

            3. The application for a certificate of qualification for a concealed carry endorsement issued by the sheriff of the county of the applicant's residence 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 has assumed residency in Missouri or is a member of the armed forces stationed in Missouri or the spouse of such a member of the armed forces and is a citizen of the United States;

            (3) An affirmation that the applicant is at least twenty-one years of age;

            (4) An affirmation that the applicant has not pled guilty to or been convicted of a crime punishable by imprisonment for a term exceeding one year under the laws of any state or of the United States other than a crime classified as a misdemeanor under the laws of any state and punishable by a term of imprisonment of one year or less that does not involve an explosive weapon, firearm, firearm silencer, or gas gun;

            (5) An affirmation that the applicant has not been convicted of, pled guilty to, or entered a plea of nolo contendere to one or more misdemeanor offenses involving crimes of violence within a five-year period immediately preceding application for a certificate of qualification to obtain a concealed carry endorsement or if the applicant has not been convicted of two or more misdemeanor offenses involving driving while under the influence of intoxicating liquor or drugs or the possession or abuse of a controlled substance within a five-year period immediately preceding application for a certificate of qualification to obtain a concealed carry endorsement;

            (6) An affirmation that the applicant is not a fugitive from justice or currently charged in an information or indictment with the commission of a crime punishable by imprisonment for a term exceeding one year under the laws of any state or of the United States other than a crime classified as a misdemeanor under the laws of any state and punishable by a term of imprisonment of two years or less that does not involve an explosive weapon, firearm, firearm silencer or gas gun;

            (7) An affirmation that the applicant has not been discharged under dishonorable conditions from the United States armed forces;

            (8) An affirmation that the applicant is not adjudged mentally incompetent at the time of application or for five years prior to application, or has not been committed to a mental health facility, as defined in section 632.005, or a similar institution located in another state, except that a person whose release or discharge from a facility in this state pursuant to chapter 632, or a similar discharge from a facility in another state, occurred more than five years ago without subsequent recommitment may apply;

            (9) An affirmation that the applicant has received firearms safety training that meets the standards of applicant firearms safety training defined in subsection 1 or 2 of section 571.111;

            (10) An affirmation that the applicant, to the applicant's best knowledge and belief, is not the respondent of a valid full order of protection which is still in effect; and

            (11) A conspicuous warning that false statements made by the applicant will result in prosecution for perjury pursuant to the laws of the state of Missouri.

            4. An application for a certificate of qualification for a concealed carry endorsement shall be made to the sheriff of the county or any city not within a county in which the applicant resides. An application shall be filed in writing, signed under oath and under the penalties of perjury, and shall state whether the applicant complies with each of the requirements specified in subsection 2 of this section. In addition to the completed application, the applicant for a certificate of qualification for a concealed carry endorsement must also submit the following:

            (1) 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 established in subsection 1 or 2 of section 571.111; and

            (2) A nonrefundable certificate of qualification fee as provided by subsection 10 or 11 of this section.

            5. Before an application for a certificate of qualification for a concealed carry endorsement is approved, the sheriff shall [make only such inquiries as he or she deems necessary into the] only make inquiries necessary to determine the accuracy of the statements made in the application. The sheriff may require that the applicant display a Missouri driver's license or nondriver's license or military identification and orders showing the person being stationed in Missouri. In order to determine the applicant's suitability for a certificate of qualification for a concealed carry endorsement, the applicant shall be fingerprinted. The sheriff shall request a criminal background check through the appropriate law enforcement agency within three working days after submission of the properly completed application for a certificate of qualification for a concealed carry endorsement. If no disqualifying record is identified by the fingerprint check at the state level, the fingerprints shall be forwarded to the Federal Bureau of Investigation for a national criminal history record check. Upon receipt of the completed background check, the sheriff shall issue a certificate of qualification for a concealed carry endorsement within three working days. The sheriff shall issue the certificate within forty-five calendar days if the criminal background check has not been received, provided that the sheriff shall revoke any such certificate and endorsement within twenty-four hours of receipt of any background check that results in a disqualifying record, and shall notify the department of revenue.

            6. The sheriff may refuse to approve an application for a certificate of qualification for a concealed carry endorsement if he or she determines that any of the requirements specified in subsection 2 of this section have not been met, or if he or she has a substantial and demonstrable reason to believe that the applicant has rendered a false statement regarding any of the provisions of sections 571.101 to 571.121. 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 pursuant to subsections 2, 3, 4, and 5 of section 571.114. After two additional reviews and denials by the sheriff, the person submitting the application shall appeal the denial pursuant to subsections 2, 3, 4, and 5 of section 571.114.

            7. If the application is approved, the sheriff shall issue a certificate of qualification for a concealed carry endorsement to the applicant within a period not to exceed three working days after his or her approval of the application. The applicant shall sign the certificate of qualification in the presence of the sheriff or his or her designee and shall within seven days of receipt of the certificate of qualification take the certificate of qualification to the department of revenue. Upon verification of the certificate of qualification and completion of a driver's license or nondriver's license application pursuant to 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 to carry concealed weapons issued pursuant to sections 571.101 to 571.121 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 shall expire [three] six years from the date the certificate of qualification was issued pursuant to this section. The requirements for the director of revenue to issue a concealed carry endorsement pursuant to this subsection shall not be effective until July 1, 2004, and the certificate of qualification issued by a county sheriff pursuant to subsection 1 of this section shall allow the person issued such certificate to carry a concealed weapon pursuant to the requirements of subsection 1 of section 571.107 in lieu of the concealed carry endorsement issued by the director of revenue from October 11, 2003, until the concealed carry endorsement is issued by the director of revenue on or after July 1, 2004, unless such certificate of qualification has been suspended or revoked for cause.

            8. The sheriff shall keep a record of all applications for a certificate of qualification for a concealed carry endorsement and his or her action thereon. The sheriff shall report the issuance of a certificate of qualification 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 sections 571.101 to 571.121. An applicant's status as a holder of a certificate of qualification or a concealed carry endorsement 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 shall be guilty of a class A misdemeanor.

            9. Information regarding any holder of a certificate of qualification or a concealed carry endorsement is a closed record.

            10. For processing an application for a certificate of qualification for a concealed carry endorsement pursuant to sections 571.101 to 571.121, the sheriff in each county shall charge a nonrefundable fee not to exceed [one hundred] sixty-five dollars which shall be paid to the treasury of the county to the credit of the sheriff's revolving fund.

            11. For processing a renewal for a certificate of qualification for a concealed carry endorsement pursuant to sections 571.101 to 571.121, the sheriff in each county shall charge a nonrefundable fee not to exceed [fifty] thirty-two dollars which shall be paid to the treasury of the county to the credit of the sheriff's revolving fund.

            12. For the purposes of sections 571.101 to 571.121, 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.

            571.111. 1. An applicant for a concealed carry endorsement shall demonstrate knowledge of firearms safety training. This requirement shall be fully satisfied if the applicant for a concealed carry endorsement:

            (1) Submits a photocopy of a certificate of firearms safety training course completion, as defined in subsection 2 of this section, signed by a qualified firearms safety instructor as defined in subsection 5 of this section; or

            (2) Submits a photocopy of a certificate that shows the applicant completed a firearms safety course given by or under the supervision of any state, county, municipal, or federal law enforcement agency; or

            (3) Is a qualified firearms safety instructor as defined in subsection 5 of this section; or

            (4) Submits proof that the applicant currently holds any type of valid peace officer license issued under the requirements of chapter 590; or

            (5) Submits proof that the applicant is currently allowed to carry firearms in accordance with the certification requirements of section 217.710; or

            (6) Submits proof that the applicant is currently certified as any class of corrections officer by the Missouri department of corrections and has passed at least one eight-hour firearms training course, approved by the director of the Missouri department of corrections under the authority granted to him or her by section 217.105, that includes instruction on the justifiable use of force as prescribed in chapter 563; or

            (7) Submits a photocopy of a certificate of firearms safety training course completion that was issued on August 27, 2011, or earlier so long as the certificate met the requirements of subsection 2 of this section that were in effect on the date it was issued.

            2. A certificate of firearms safety training course completion may be issued to any applicant by any qualified firearms safety instructor. On the certificate of course completion the qualified firearms safety instructor shall affirm that the individual receiving instruction has taken and passed a firearms safety course of at least eight hours in length taught by the instructor that included:

            (1) Handgun safety in the classroom, at home, on the firing range and while carrying the firearm;

            (2) A physical demonstration performed by the applicant that demonstrated his or her ability to safely load and unload a revolver and a semiautomatic pistol and demonstrated his or her marksmanship with both;

            (3) The basic principles of marksmanship;

            (4) Care and cleaning of concealable firearms;

            (5) Safe storage of firearms at home;

            (6) The requirements of this state for obtaining a certificate of qualification for a concealed carry endorsement from the sheriff of the individual's county of residence and a concealed carry endorsement issued by the department of revenue;

            (7) The laws relating to firearms as prescribed in this chapter;

            (8) The laws relating to the justifiable use of force as prescribed in chapter 563;

            (9) A live firing exercise of sufficient duration for each applicant to fire both a revolver and a semiautomatic pistol, from a standing position or its equivalent, a minimum of fifty rounds from each handgun at a distance of seven yards from a B-27 silhouette target or an equivalent target;

            (10) A live fire test administered to the applicant while the instructor was present of twenty rounds from each handgun from a standing position or its equivalent at a distance from a B-27 silhouette target, or an equivalent target, of seven yards.

            3. A qualified firearms safety instructor shall not give a grade of passing to an applicant for a concealed carry endorsement who:

            (1) Does not follow the orders of the qualified firearms instructor or cognizant range officer; or

            (2) Handles a firearm in a manner that, in the judgment of the qualified firearm safety instructor, poses a danger to the applicant or to others; or

            (3) During the live fire testing portion of the course fails to hit the silhouette portion of the targets with at least fifteen rounds, with both handguns.

            4. Qualified firearms safety instructors who provide firearms safety instruction to any person who applies for a concealed carry endorsement shall:

            (1) Make the applicant's course records available upon request to the sheriff of the county in which the applicant resides;

            (2) Maintain all course records on students for a period of no less than four years from course completion date; and

            (3) Not have more than forty students in the classroom portion of the course or more than five students per range officer engaged in range firing.

            5. A firearms safety instructor shall be considered to be a qualified firearms safety instructor by any sheriff issuing a certificate of qualification for a concealed carry endorsement pursuant to sections 571.101 to 571.121 if the instructor:

            (1) Is a valid firearms safety instructor certified by the National Rifle Association holding a rating as a personal protection instructor or pistol marksmanship instructor; or

            (2) Submits a photocopy of a certificate from a firearms safety instructor's course offered by a local, state, or federal governmental agency; or

            (3) Submits a photocopy of a certificate from a firearms safety instructor course approved by the department of public safety; or

            (4) Has successfully completed a firearms safety instructor course given by or under the supervision of any state, county, municipal, or federal law enforcement agency; or

            (5) Is a certified police officer firearms safety instructor.

            6. Any firearms safety instructor who knowingly provides any sheriff with any false information concerning an applicant's performance on any portion of the required training and qualification shall be guilty of a class C misdemeanor.