Changes the law regarding firearm concealed carry permits

SECOND REGULAR SESSION
HOUSE BILL NO. 2265
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE T A YLOR (48).
4508H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 70.441, 571.030, 571.101, 571.104, 571.107, 571.1 1 1, 571.1 17, 571.205,
571.215, 571.225, 577.703, and 577.712, RSMo, and to enact in lieu thereof thirteen
new sections relating to concealed carry permits, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 70.441, 571.030, 571.101, 571.104, 571.107, 571.1 1 1, 571.1 17,
2 571.205, 571.215, 571.225, 577.703, and 577.712, RSMo, are repealed and thirteen new
3 sections enacted in lieu thereof, to be known as sections 70.441, 571.030, 571.101, 571.104,
4 571.107, 571.1 1 1, 571.1 17, 571.128, 571.205, 571.215, 571.225, 577.703, and 577.712, to
5 read as follows:
70.441. 1. As used in this section, the following terms have the following meanings:
2 (1) "Agency", the bi-state development agency created by compact under section
3 70.370;
4 (2) "Conveyance" includes bus, paratransit vehicle, rapid transit car or train,
5 locomotive, or other vehicle used or held for use by the agency as a means of transportation of
6 passengers;
7 (3) "Facilities" includes all property and equipment, including, without limitation,
8 rights-of-way and related trackage, rails, signals, power , fuel, communication and ventilation
9 systems, power plants, stations, terminals, signage, storage yards, depots, repair and
10 maintenance shops, yards, of fices, parking lots and other real estate or personal property used
11 or held for or incidental to the operation, rehabilitation or improvement of any public mass
12 transportation system of the agency;
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
13 (4) "Person", any individual, firm, copartnership, corporation, association or
14 company; and
15 (5) "Sound production device" includes, but is not limited to, any radio receiver ,
16 phonograph, television receiver , musical instrument, tape recorder , cassette player , speaker
17 device and any sound amplifier .
18 2. In interpreting or applying this section, the following provisions shall apply:
19 (1) Any act otherwise prohibited by this section is lawful if specifically authorized by
20 agreement, permit, license or other writing duly signed by an authorized of ficer of the agency
21 or if performed by an of ficer , employee or designated agent of the agency acting within the
22 scope of his or her employment or agency;
23 (2) Rules shall apply with equal force to any person assisting, aiding or abetting
24 another , including a minor , in any of the acts prohibited by the rules or assisting, aiding or
25 abetting another in the avoidance of any of the requirements of the rules; and
26 (3) The singular shall mean and include the plural; the masculine gender shall mean
27 the feminine and the neuter genders; and vice versa.
28 3. (1) No person shall use or enter upon the light rail conveyances of the agency
29 without payment of the fare or other lawful char ges established by the agency . Any person on
30 any such conveyance must have properly validated fare media in his possession. This ticket
31 must be valid to or from the station the passenger is using, and must have been used for entry
32 for the trip then being taken;
33 (2) No person shall use any token, pass, badge, ticket, document, transfer , card or fare
34 media to gain entry to the facilities or conveyances of, or make use of the services of, the
35 agency , except as provided, authorized or sold by the agency and in accordance with any
36 restriction on the use thereof imposed by the agency;
37 (3) No person shall enter upon parking lots designated by the agency as requiring
38 payment to enter , either by electronic gate or parking meters, where the cost of such parking
39 fee is visibly displayed at each location, without payment of such fees or other lawful char ges
40 established by the agency;
41 (4) Except for employees of the agency acting within the scope of their employment,
42 no person shall sell, provide, copy , reproduce or produce, or create any version of any token,
43 pass, badge, ticket, document, transfer , card or any other fare media or otherwise authorize
44 access to or use of the facilities, conveyances or services of the agency without the written
45 permission of an authorized representative of the agency;
46 (5) No person shall put or attempt to put any paper , article, instrument or item, other
47 than a token, ticket, badge, coin, fare card, pass, transfer or other access authorization or other
48 fare media issued by the agency and valid for the place, time and manner in which used, into
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49 any fare box, pass reader , ticket vending machine, parking meter , parking gate or other fare
50 collection instrument, receptacle, device, machine or location;
51 (6) T okens, tickets, fare cards, badges, passes, transfers or other fare media that have
52 been for ged, counterfeited, imitated, altered or improperly transferred or that have been used
53 in a manner inconsistent with this section shall be confiscated;
54 (7) No person may perform any act which would interfere with the provision of
55 transit service or obstruct the flow of traf fic on facilities or conveyances or which would in
56 any way interfere or tend to interfere with the safe and ef ficient operation of the facilities or
57 conveyances of the agency;
58 (8) All persons on or in any facility or conveyance of the agency shall:
59 (a) Comply with all lawful orders and directives of any agency employee acting
60 within the scope of his employment;
61 (b) Obey any instructions on notices or signs duly posted on any agency facility or
62 conveyance; and
63 (c) Provide accurate, complete and true information or documents requested by
64 agency personnel acting within the scope of their employment and otherwise in accordance
65 with law;
66 (9) No person shall falsely represent himself or herself as an agent, employee or
67 representative of the agency;
68 (10) No person on or in any facility or conveyance shall:
69 (a) Litter , dump garbage, liquids or other matter , or create a nuisance, hazard or
70 [ unsanitary ] insanitary condition, including, but not limited to, spitting and urinating, except
71 in facilities provided;
72 (b) Drink any alcoholic beverage or possess any opened or unsealed container of
73 alcoholic beverage, except on premises duly licensed for the sale of alcoholic beverages, such
74 as bars and restaurants;
75 (c) Enter or remain in any facility or conveyance while his ability to function safely in
76 the environment of the agency transit system is impaired by the consumption of alcohol or by
77 the taking of any drug;
78 (d) Loiter or stay on any facility of the agency;
79 (e) Consume foods or liquids of any kind, except in those areas specifically
80 authorized by the agency;
81 (f) Smoke or carry an open flame or lighted match, cigar , cigarette, pipe or torch,
82 except in those areas or locations specifically authorized by the agency; or
83 (g) Throw or cause to be propelled any stone, projectile or other article at, from, upon
84 or in a facility or conveyance;
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85 (1 1) Except as otherwise pr ovided under section 571.128, no weapon or other
86 instrument intended for use as a weapon may be carried in or on any facility or conveyance,
87 except for law enforcement personnel. For the purposes hereof, a weapon shall include, but
88 not be limited to, a firearm, switchblade knife, sword, or any instrument of any kind known as
89 blackjack, billy club, club, sandbag, metal knuckles, leather bands studded with metal, wood
90 impregnated with metal filings or razor blades; except that this subdivision shall not apply to
91 a rifle or shotgun which is unloaded and carried in any enclosed case, box or other container
92 which completely conceals the item from view and identification as a weapon;
93 (12) No explosives, flammable liquids, acids, fireworks or other highly combustible
94 materials or radioactive materials may be carried on or in any facility or conveyance, except
95 as authorized by the agency;
96 (13) No person, except as specifically authorized by the agency , shall enter or attempt
97 to enter into any area not open to the public, including, but not limited to, motorman's cabs,
98 conductor's cabs, bus operator's seat location, closed-of f areas, mechanical or equipment
99 rooms, concession stands, storage areas, interior rooms, tracks, roadbeds, tunnels, plants,
100 shops, barns, train yards, garages, depots or any area marked with a sign restricting access or
101 indicating a dangerous environment;
102 (14) No person may ride on the roof, the platform between rapid transit cars, or on
103 any other area outside any rapid transit car or bus or other conveyance operated by the
104 agency;
105 (15) No person shall extend his hand, arm, leg, head or other part of his or her person
106 or extend any item, article or other substance outside of the window or door of a moving rapid
107 transit car , bus or other conveyance operated by the agency;
108 (16) No person shall enter or leave a rapid transit car , bus or other conveyance
109 operated by the agency except through the entrances and exits provided for that purpose;
110 (17) No animals may be taken on or into any conveyance or facility except the
111 following:
112 (a) An animal enclosed in a container , accompanied by the passenger and carried in a
113 manner which does not annoy other passengers; and
114 (b) W orking dogs for law enforcement agencies, agency dogs on duty , dogs properly
115 harnessed and accompanying blind or hearing-impaired persons to aid such persons, or dogs
116 accompanying trainers carrying a certificate of identification issued by a dog school;
117 (18) No vehicle shall be operated carelessly , or negligently , or in disregard of the
118 rights or safety of others or without due caution and circumspection, or at a speed in such a
119 manner as to be likely to endanger persons or property on facilities of the agency . The speed
120 limit on parking lots and access roads shall be posted as fifteen miles per hour unless
121 otherwise designated.
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122 4. (1) Unless a greater penalty is otherwise provided by the laws of the state, any
123 violation of this section shall constitute a misdemeanor , and any person committing a
124 violation thereof shall be subject to arrest and, upon conviction in a court of competent
125 jurisdiction, shall pay a fine in an amount not less than twenty-five dollars and no greater than
126 two hundred fifty dollars per violation, in addition to court costs. Any default in the payment
127 of a fine imposed pursuant to this section without good cause shall result in imprisonment for
128 not more than thirty days;
129 (2) Unless a greater penalty is provided by the laws of the state, any person convicted
130 a second or subsequent time for the same of fense under this section shall be guilty of a
131 misdemeanor and sentenced to pay a fine of not less than fifty dollars nor more than five
132 hundred dollars in addition to court costs, or to under go imprisonment for up to sixty days, or
133 both such fine and imprisonment;
134 (3) Any person failing to pay the proper fare, fee or other char ge for use of the
135 facilities and conveyances of the agency shall be subject to payment of such char ge as part of
136 the judgment against the violator . All proceeds from judgments for unpaid fares or char ges
137 shall be directed to the appropriate agency of ficial;
138 (4) All juvenile of fenders violating the provisions of this section shall be subject to
139 the jurisdiction of the juvenile court as provided in chapter 21 1;
140 (5) As used in this section, the term "conviction" shall include all pleas of guilty and
141 findings of guilt.
142 5. Any person who is convicted, pleads guilty , or pleads nolo contendere for failing to
143 pay the proper fare, fee, or other char ge for the use of the facilities and conveyances of the bi-
144 state development agency , as described in subdivision (3) of subsection 4 of this section, may ,
145 in addition to the unpaid fares or char ges and any fines, penalties, or sentences imposed by
146 law , be required to reimburse the reasonable costs attributable to the enforcement,
147 investigation, and prosecution of such of fense by the bi-state development agency . The
148 court shall direct the reimbursement proceeds to the appropriate agency of ficial.
149 6. (1) Stalled or disabled vehicles may be removed from the roadways of the agency
150 property by the agency and parked or stored elsewhere at the risk and expense of the owner;
151 (2) Motor vehicles which are left unattended or abandoned on the property of the
152 agency for a period of over seventy-two hours may be removed as provided for in section
153 304.155, except that the removal may be authorized by personnel designated by the agency
154 under section 70.378.
571.030. 1. A person commits the of fense of unlawful use of weapons, except as
2 otherwise provided by sections 571.101 to 571.121 and sections 571.205 to 571.230 , if he or
3 she knowingly:
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4 (1) Carries concealed upon or about his or her person a knife, a firearm, a blackjack
5 or any other weapon readily capable of lethal use into any area where firearms are restricted
6 under section 571.107; or
7 (2) Sets a spring gun; or
8 (3) Dischar ges or shoots a firearm into a dwelling house, a railroad train, boat,
9 aircraft, or motor vehicle as defined in section 302.010, or any building or structure used for
10 the assembling of people; or
11 (4) Exhibits, in the presence of one or more persons, any weapon readily capable of
12 lethal use in an angry or threatening manner; or
13 (5) Has a firearm or projectile weapon readily capable of lethal use on his or her
14 person, while he or she is intoxicated, and handles or otherwise uses such firearm or projectile
15 weapon in either a negligent or unlawful manner or dischar ges such firearm or projectile
16 weapon unless acting in self-defense; or
17 (6) Dischar ges a firearm within one hundred yards of any occupied schoolhouse,
18 courthouse, or church building; or
19 (7) Dischar ges or shoots a firearm at a mark, at any object, or at random, on, along or
20 across a public highway or dischar ges or shoots a firearm into any outbuilding; or
21 (8) Carries a firearm or any other weapon readily capable of lethal use into any
22 church or place where people have assembled for worship, or into any election precinct on
23 any election day , or into any building owned or occupied by any agency of the federal
24 government, state government, or political subdivision thereof; or
25 (9) Dischar ges or shoots a firearm at or from a motor vehicle, as defined in section
26 301.010, dischar ges or shoots a firearm at any person, or at any other motor vehicle, or at any
27 building or habitable structure, unless the person was lawfully acting in self-defense; or
28 (10) Carries a firearm, whether loaded or unloaded, or any other weapon readily
29 capable of lethal use into any school, onto any school bus, or onto the premises of any
30 function or activity sponsored or sanctioned by school of ficials or the district school board; or
31 (1 1) Possesses a firearm while also knowingly in possession of a controlled substance
32 that is suff icient for a felony violation of section 579.015.
33 2. Subdivisions (1), (8), and (10) of subsection 1 of this section shall not apply to the
34 persons described in this subsection, regardless of whether such uses are reasonably
35 associated with or are necessary to the fulfillment of such person's of ficial duties except as
36 otherwise provided in this subsection. Subdivisions (3), (4), (6), (7), and (9) of subsection 1
37 of this section shall not apply to or af fect any of the following persons, when such uses are
38 reasonably associated with or are necessary to the fulfillment of such person's of ficial duties,
39 except as otherwise provided in this subsection:
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40 (1) All state, county and municipal peace of ficers who have completed the training
41 required by the police of ficer standards and training commission pursuant to sections 590.030
42 to 590.050 and who possess the duty and power of arrest for violation of the general criminal
43 laws of the state or for violation of ordinances of counties or municipalities of the state,
44 whether such of ficers are on or of f duty , and whether such of ficers are within or outside of the
45 law enforcement agency's jurisdiction, or all qualified retired peace of ficers, as defined in
46 subsection 12 of this section, and who carry the identification defined in subsection 13 of this
47 section, or any person summoned by such of ficers to assist in making arrests or preserving the
48 peace while actually engaged in assisting such of ficer;
49 (2) W ardens, superintendents and keepers of prisons, penitentiaries, jails and other
50 institutions for the detention of persons accused or convicted of crime;
51 (3) Members of the Armed Forces of the United States or National Guard while
52 performing their of ficial duty;
53 (4) Those persons vested by Article V , Section 1 of the Constitution of Missouri with
54 the judicial power of the state and those persons vested by Article III of the Constitution of
55 the United States with the judicial power of the United States, the members of the federal
56 judiciary;
57 (5) Any person whose bona fide duty is to execute process, civil or criminal;
58 (6) Any federal probation of ficer or federal flight deck of ficer as defined under the
59 federal flight deck of ficer program, 49 U.S.C. Section 44921, regardless of whether such
60 of ficers are on duty , or within the law enforcement agency's jurisdiction;
61 (7) Any state probation or parole of ficer , including supervisors and members of the
62 parole board;
63 (8) Any corporate security advisor meeting the definition and fulfilling the
64 requirements of the regulations established by the department of public safety under section
65 590.750;
66 (9) Any coroner , deputy coroner , medical examiner , or assistant medical examiner;
67 (10) Any municipal or county prosecuting attorney or assistant prosecuting attorney;
68 circuit attorney or assistant circuit attorney; municipal, associate, or circuit judge; or any
69 person appointed by a court to be a special prosecutor who has completed the firearms safety
70 training course required under subsection 2 of section 571.1 1 1;
71 (1 1) Any member of a fire department or fire protection district who is employed on a
72 full-time basis as a fire investigator and who has a valid concealed carry endorsement issued
73 prior to August 28, 2013, or a valid concealed carry permit under section 571.1 1 1 when such
74 uses are reasonably associated with or are necessary to the fulfillment of such person's of ficial
75 duties; and
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76 (12) Upon the written approval of the governing body of a fire department or fire
77 protection district, any paid fire department or fire protection district member who is
78 employed on a full-time basis and who has a valid concealed carry endorsement issued prior
79 to August 28, 2013, or a valid concealed carry permit, when such uses are reasonably
80 associated with or are necessary to the fulfillment of such person's of ficial duties.
81 3. Subdivisions (1), (5), (8), and (10) of subsection 1 of this section do not apply
82 when the actor is transporting such weapons in a nonfunctioning state or in an unloaded state
83 when ammunition is not readily accessible or when such weapons are not readily accessible.
84 Subdivision (1) of subsection 1 of this section does not apply to any person nineteen years of
85 age or older or eighteen years of age or older and a member of the United States Armed
86 Forces, or honorably dischar ged from the United States Armed Forces, transporting a
87 concealable firearm in the passenger compartment of a motor vehicle, so long as such
88 concealable firearm is otherwise lawfully possessed, nor when the actor is also in possession
89 of an exposed firearm or projectile weapon for the lawful pursuit of game, or is in his or her
90 dwelling unit or upon premises over which the actor has possession, authority or control, or is
91 traveling in a continuous journey peaceably through this state. Subdivision (10) of subsection
92 1 of this section does not apply if the firearm is otherwise lawfully possessed by a person
93 while traversing school premises for the purposes of transporting a student to or from school,
94 or possessed by an adult for the purposes of facilitation of a school-sanctioned firearm-related
95 event or club event.
96 4. Subdivisions (1), (8), and (10) of subsection 1 of this section shall not apply to any
97 person who has a valid concealed carry permit issued pursuant to sections 571.101 to 571.121
98 or sections 571.205 to 571.230 , a valid concealed carry endorsement issued before August
99 28, 2013, or a valid permit or endorsement to carry concealed firearms issued by another state
100 or political subdivision of another state.
101 5. Subdivisions (3), (4), (5), (6), (7), (8), (9), and (10) of subsection 1 of this section
102 shall not apply to persons who are engaged in a lawful act of defense pursuant to section
103 563.031.
104 6. Notwithstanding any provision of this section to the contrary , the state shall not
105 prohibit any state employee from having a firearm in the employee's vehicle on the state's
106 property provided that the vehicle is locked and the firearm is not visible. This subsection
107 shall only apply to the state as an employer when the state employee's vehicle is on property
108 owned or leased by the state and the state employee is conducting activities within the scope
109 of his or her employment. For the purposes of this subsection, "state employee" means an
110 employee of the executive, legislative, or judicial branch of the government of the state of
111 Missouri.
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112 7. (1) Subdivision (10) of subsection 1 of this section shall not apply to a person who
113 is a school officer commissioned by the district school board under section 162.215 or who is
114 a school protection of ficer , as described under section 160.665.
115 (2) Nothing in this section shall make it unlawful for a student to actually participate
116 in school-sanctioned gun safety courses, student military or ROTC courses, or other school-
117 sponsored or club-sponsored firearm-related events, provided the student does not carry a
118 firearm or other weapon readily capable of lethal use into any school, onto any school bus, or
119 onto the premises of any other function or activity sponsored or sanctioned by school of ficials
120 or the district school board.
121 8. A person who commits the crime of unlawful use of weapons under:
122 (1) Subdivision (2), (3), (4), or (1 1) of subsection 1 of this section shall be guilty of a
123 class E felony;
124 (2) Subdivision (1), (6), (7), or (8) of subsection 1 of this section shall be guilty of a
125 class B misdemeanor , except when a concealed weapon is carried onto any private property
126 whose owner has posted the premises as being of f-limits to concealed firearms by means of
127 one or more signs displayed in a conspicuous place of a minimum size of eleven inches by
128 fourteen inches with the writing thereon in letters of not less than one inch, in which case the
129 penalties of subsection 2 of section 571.107 shall apply;
130 (3) Subdivision (5) or (10) of subsection 1 of this section shall be guilty of a class A
131 misdemeanor if the firearm is unloaded and a class E felony if the firearm is loaded;
132 (4) Subdivision (9) of subsection 1 of this section shall be guilty of a class B felony ,
133 except that if the violation of subdivision (9) of subsection 1 of this section results in injury or
134 death to another person, it is a class A felony .
135 9. V iolations of subdivision (9) of subsection 1 of this section shall be punished as
136 follows:
137 (1) For the first violation a person shall be sentenced to the maximum authorized term
138 of imprisonment for a class B felony;
139 (2) For any violation by a prior offender as defined in section 558.016, a person shall
140 be sentenced to the maximum authorized term of imprisonment for a class B felony without
141 the possibility of parole, probation or conditional release for a term of ten years;
142 (3) For any violation by a persistent of fender as defined in section 558.016, a person
143 shall be sentenced to the maximum authorized term of imprisonment for a class B felony
144 without the possibility of parole, probation, or conditional release;
145 (4) For any violation which results in injury or death to another person, a person shall
146 be sentenced to an authorized disposition for a class A felony .
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147 10. Any person knowingly aiding or abetting any other person in the violation of
148 subdivision (9) of subsection 1 of this section shall be subject to the same penalty as that
149 prescribed by this section for violations by other persons.
150 1 1. Notwithstanding any other provision of law , no person who pleads guilty to or is
151 found guilty of a felony violation of subsection 1 of this section shall receive a suspended
152 imposition of sentence if such person has previously received a suspended imposition of
153 sentence for any other firearms- or weapons-related felony offense.
154 12. As used in this section "qualified retired peace of ficer" means an individual who:
155 (1) Retired in good standing from service with a public agency as a peace of ficer ,
156 other than for reasons of mental instability;
157 (2) Before such retirement, was authorized by law to engage in or supervise the
158 prevention, detection, investigation, or prosecution of, or the incarceration of any person for ,
159 any violation of law , and had statutory powers of arrest;
160 (3) Before such retirement, was regularly employed as a peace of ficer for an
161 aggregate of fifteen years or more, or retired from service with such agency , after completing
162 any applicable probationary period of such service, due to a service-connected disability , as
163 determined by such agency;
164 (4) Has a nonforfeitable right to benefits under the retirement plan of the agency if
165 such a plan is available;
166 (5) During the most recent twelve-month period, has met, at the expense of the
167 individual, the standards for training and qualification for active peace of ficers to carry
168 firearms;
169 (6) Is not under the influence of alcohol or another intoxicating or hallucinatory drug
170 or substance; and
171 (7) Is not prohibited by federal law from receiving a firearm.
172 13. The identification required by subdivision (1) of subsection 2 of this section is:
173 (1) A photographic identification issued by the agency from which the individual
174 retired from service as a peace of ficer that indicates that the individual has, not less recently
175 than one year before the date the individual is carrying the concealed firearm, been tested or
176 otherwise found by the agency to meet the standards established by the agency for training
177 and qualification for active peace of ficers to carry a firearm of the same type as the concealed
178 firearm; or
179 (2) A photographic identification issued by the agency from which the individual
180 retired from service as a peace of ficer; and
181 (3) A certification issued by the state in which the individual resides that indicates
182 that the individual has, not less recently than one year before the date the individual is
183 carrying the concealed firearm, been tested or otherwise found by the state to meet the
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184 standards established by the state for training and qualification for active peace of ficers to
185 carry a firearm of the same type as the concealed firearm.
571.101. 1. All applicants for concealed carry permits issued pursuant to subsection
2 7 of this section must satisfy the requirements of sections 571.101 to 571.121. If the said
3 applicant can show qualification as provided by sections 571.101 to 571.121, the county or
4 city sheriff shall issue a concealed carry permit authorizing the carrying of a concealed
5 firearm on or about the applicant's person or within a vehicle. A concealed carry permit shall
6 be valid from the date of issuance or renewal until five years from the last day of the month in
7 which the permit was issued or renewed. The concealed carry permit is valid throughout this
8 state. Although the permit is considered valid in the state, a person who fails to renew his or
9 her permit within five years from the date of issuance or renewal shall not be eligible for an
10 exception to a National Instant Criminal Background Check under federal regulations
11 currently codified under 27 CFR 478.102(d), relating to the transfer , sale, or delivery of
12 firearms from licensed dealers. A concealed carry endorsement issued prior to August 28,
13 2013, shall continue from the date of issuance or renewal until three years from the last day of
14 the month in which the endorsement was issued or renewed to authorize the carrying of a
15 concealed firearm on or about the applicant's person or within a vehicle in the same manner as
16 a concealed carry permit issued under subsection 7 of this section on or after August 28, 2013.
17 2. A concealed carry permit issued pursuant to subsection 7 of this section shall be
18 issued by the sherif f or his or her designee of the county or city in which the applicant resides,
19 if the applicant:
20 (1) Is [ at least nineteen ] eighteen years of age or older , is a citizen or permanent
21 resident of the United States , and either:
22 (a) Has assumed residency in this state; or
23 (b) Is a member of the Armed Forces of the United States stationed in Missouri[ , ] or
24 the spouse of such member of the military;
25 (2) [ Is at least nineteen years of age, or is at least eighteen years of age and a member
26 of the United States Armed Forces or honorably dischar ged from the United States Armed
27 Forces, and is a citizen of the United States and either:
28 (a) Has assumed residency in this state;
29 (b) Is a member of the Armed Forces stationed in Missouri; or
30 (c) The spouse of such member of the military stationed in Missouri and nineteen
31 years of age;
32 (3) ] Has not pled guilty to or entered a plea of nolo contendere or been convicted of a
33 crime punishable by imprisonment for a term exceeding one year under the laws of any state
34 or of the United States other than a crime classified as a misdemeanor under the laws of any
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35 state and punishable by a term of imprisonment of two years or less that does not involve an
36 explosive weapon, firearm, firearm silencer or gas gun;
37 [ (4) ] (3) Has not been convicted of, pled guilty to or entered a plea of nolo contendere
38 to one or more misdemeanor of fenses involving crimes of violence within a five-year period
39 immediately preceding application for a concealed carry permit or if the applicant has not
40 been convicted of two or more misdemeanor of fenses involving driving while under the
41 influence of intoxicating liquor or drugs or the possession or abuse of a controlled substance
42 within a five-year period immediately preceding application for a concealed carry permit;
43 [ (5) ] (4) Is not a fugitive from justice or currently char ged in an information or
44 indictment with the commission of a crime punishable by imprisonment for a term exceeding
45 one year under the laws of any state of the United States other than a crime classified as a
46 misdemeanor under the laws of any state and punishable by a term of imprisonment of two
47 years or less that does not involve an explosive weapon, firearm, firearm silencer , or gas gun;
48 [ (6) ] (5) Has not been dischar ged under dishonorable conditions from the United
49 States Armed Forces;
50 [ (7) ] (6) Has not engaged in a pattern of behavior , documented in public or closed
51 records, that causes the sheriff to have a reasonable belief that the applicant presents a danger
52 to himself or herself or others;
53 [ (8) ] (7) Is not adjudged mentally incompetent at the time of application or for five
54 years prior to application, or has not been committed to a mental health facility , as defined in
55 section 632.005, or a similar institution located in another state following a hearing at which
56 the defendant was represented by counsel or a representative;
57 [ (9) ] (8) Submits a completed application for a permit as described in subsection 3 of
58 this section;
59 [ (10) ] (9) Submits an af fidavit attesting that the applicant complies with the
60 concealed carry safety training requirement pursuant to subsections 1 and 2 of section
61 571.1 1 1;
62 [ (1 1) ] (10) Is not the respondent of a valid full order of protection which is still in
63 ef fect; and
64 [ (12) ] (1 1) Is not otherwise prohibited from possessing a firearm under section
65 571.070 or 18 U.S.C. Section 922(g).
66 3. The application for a concealed carry permit issued by the sherif f of the county of
67 the applicant's residence shall contain only the following information:
68 (1) The applicant's name, address, telephone number , gender , date and place of birth,
69 and, if the applicant is not a United States citizen, the applicant's country of citizenship and
70 any alien or admission number issued by the Federal Bureau of Customs and Immigration
71 Enforcement or any successor agency;
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72 (2) An af firmation that the applicant has assumed residency in Missouri or is a
73 member of the Armed Forces of the United States stationed in Missouri or the spouse of
74 such a member of the Armed Forces of the United States and is a citizen or permanent
75 resident of the United States;
76 (3) An affir mation that the applicant is [ at least nineteen years of age or is ] eighteen
77 years of age or older [ and a member of the United States Armed Forces or honorably
78 dischar ged from the United States Armed Forces ];
79 (4) An af firmation that the applicant has not pled guilty to or been convicted of a
80 crime punishable by imprisonment for a term exceeding one year under the laws of any state
81 or of the United States other than a crime classified as a misdemeanor under the laws of any
82 state and punishable by a term of imprisonment of two years or less that does not involve an
83 explosive weapon, firearm, firearm silencer , or gas gun;
84 (5) An af firmation that the applicant has not been convicted of, pled guilty to, or
85 entered a plea of nolo contendere to one or more misdemeanor of fenses involving crimes of
86 violence within a five-year period immediately preceding application for a permit or if the
87 applicant has not been convicted of two or more misdemeanor of fenses involving driving
88 while under the influence of intoxicating liquor or drugs or the possession or abuse of a
89 controlled substance within a five-year period immediately preceding application for a
90 permit;
91 (6) An af firmation that the applicant is not a fugitive from justice or currently char ged
92 in an information or indictment with the commission of a crime punishable by imprisonment
93 for a term exceeding one year under the laws of any state or of the United States other than a
94 crime classified as a misdemeanor under the laws of any state and punishable by a term of
95 imprisonment of two years or less that does not involve an explosive weapon, firearm, firearm
96 silencer or gas gun;
97 (7) An affir mation that the applicant has not been dischar ged under dishonorable
98 conditions from the United States Armed Forces;
99 (8) An af firmation that the applicant is not adjudged mentally incompetent at the time
100 of application or for five years prior to application, or has not been committed to a mental
101 health facility , as defined in section 632.005, or a similar institution located in another state,
102 except that a person whose release or dischar ge from a facility in this state pursuant to chapter
103 632, or a similar dischar ge from a facility in another state, occurred more than five years ago
104 without subsequent recommitment may apply;
105 (9) An affir mation that the applicant has received firearms safety training that meets
106 the standards of applicant firearms safety training defined in subsection 1 or 2 of section
107 571.1 1 1;
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108 (10) An af firmation that the applicant, to the applicant's best knowledge and belief, is
109 not the respondent of a valid full order of protection which is still in ef fect;
110 (1 1) A conspicuous warning that false statements made by the applicant will result in
111 prosecution for perjury pursuant to the laws of the state of Missouri; and
112 (12) A government-issued photo identification. This photograph shall not be
113 included on the permit and shall only be used to verify the person's identity for permit
114 renewal, or for the issuance of a new permit due to change of address, or for a lost or
115 destroyed permit.
116 4. An application for a concealed carry permit shall be made to the sheriff of the
117 county or any city not within a county in which the applicant resides. An application shall be
118 filed in writing, signed under oath and under the penalties of perjury , and shall state whether
119 the applicant complies with each of the requirements specified in subsection 2 of this section.
120 In addition to the completed application, the applicant for a concealed carry permit must also
121 submit the following:
122 (1) A photocopy of a firearms safety training certificate of completion or other
123 evidence of completion of a firearms safety training course that meets the standards
124 established in subsection 1 or 2 of section 571.1 1 1; and
125 (2) A nonrefundable permit fee as provided by subsection 1 1 or 12 of this section.
126 5. (1) Before an application for a concealed carry permit is approved, the sheriff shall
127 make only such inquiries as he or she deems necessary into the accuracy of the statements
128 made in the application. The sheriff may require that the applicant display a Missouri driver's
129 license or nondriver's license or military identification and orders showing the person being
130 stationed in Missouri. In order to determine the applicant's suitability for a concealed carry
131 permit, the applicant shall be fingerprinted. No other biometric data shall be collected from
132 the applicant. The sheriff shall conduct an inquiry of the National Instant Criminal
133 Background Check System within three working days after submission of the properly
134 completed application for a concealed carry permit. If no disqualifying record is identified by
135 these checks at the state level, the fingerprints shall be forwarded to the Federal Bureau of
136 Investigation for a national criminal history record check. Upon receipt of the completed
137 report from the National Instant Criminal Background Check System and the response from
138 the Federal Bureau of Investigation national criminal history record check, the sherif f shall
139 examine the results and, if no disqualifying information is identified, shall issue a concealed
140 carry permit within three working days.
141 (2) In the event the report from the National Instant Criminal Background Check
142 System and the response from the Federal Bureau of Investigation national criminal history
143 record check prescribed by subdivision (1) of this subsection are not completed within forty-
144 five calendar days and no disqualifying information concerning the applicant has otherwise
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145 come to the sheriff 's attention, the sherif f shall issue a provisional permit, clearly designated
146 on the certificate as such, which the applicant shall sign in the presence of the sherif f or the
147 sherif f's designee. This permit, when carried with a valid Missouri driver's or nondriver's
148 license or a valid military identification, shall permit the applicant to exercise the same rights
149 in accordance with the same conditions as pertain to a concealed carry permit issued under
150 this section, provided that it shall not serve as an alternative to an national instant criminal
151 background check required by 18 U.S.C. Section 922(t). The provisional permit shall remain
152 valid until such time as the sheriff either issues or denies the certificate of qualification under
153 subsection 6 or 7 of this section. The sheriff shall revoke a provisional permit issued under
154 this subsection within twenty-four hours of receipt of any report that identifies a disqualifying
155 record, and shall notify the concealed carry permit system established under subsection 5 of
156 section 650.350. The revocation of a provisional permit issued under this section shall be
157 proscribed in a manner consistent to the denial and review of an application under subsection
158 6 of this section.
159 6. The sheriff may refuse to approve an application for a concealed carry permit if he
160 or she determines that any of the requirements specified in subsection 2 of this section have
161 not been met, or if he or she has a substantial and demonstrable reason to believe that the
162 applicant has rendered a false statement regarding any of the provisions of sections 571.101
163 to 571.121. If the applicant is found to be ineligible, the sheriff is required to deny the
164 application, and notify the applicant in writing, stating the grounds for denial and informing
165 the applicant of the right to submit, within thirty days, any additional documentation relating
166 to the grounds of the denial. Upon receiving any additional documentation, the sheriff shall
167 reconsider his or her decision and inform the applicant within thirty days of the result of the
168 reconsideration. The applicant shall further be informed in writing of the right to appeal the
169 denial pursuant to subsections 2, 3, 4, and 5 of section 571.1 14. After two additional reviews
170 and denials by the sheriff , the person submitting the application shall appeal the denial
171 pursuant to subsections 2, 3, 4, and 5 of section 571.1 14.
172 7. If the application is approved, the sheriff shall issue a concealed carry permit to the
173 applicant within a period not to exceed three working days after his or her approval of the
174 application. The applicant shall sign the concealed carry permit in the presence of the sheriff
175 or his or her designee.
176 8. The concealed carry permit shall specify only the following information:
177 (1) Name, address, date of birth, gender , height, weight, color of hair , color of eyes,
178 and signature of the permit holder;
179 (2) The signature of the sheriff issuing the permit;
180 (3) The date of issuance; and
181 (4) The expiration date.
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182
183 The permit shall be no lar ger than two and one-eighth inches wide by three and three-eighths
184 inches long and shall be of a uniform style prescribed by the department of public safety . The
185 permit shall also be assigned a concealed carry permit system county code and shall be stored
186 in sequential number .
187 9. (1) The sheriff shall keep a record of all applications for a concealed carry permit
188 or a provisional permit and his or her action thereon. Any record of an application that is
189 incomplete or denied for any reason shall be kept for a period not to exceed one year . Any
190 record of an application that was approved shall be kept for a period of one year after the
191 expiration and nonrenewal of the permit.
192 (2) The sheriff shall report the issuance of a concealed carry permit or provisional
193 permit to the concealed carry permit system. All information on any such permit that is
194 protected information on any driver's or nondriver's license shall have the same personal
195 protection for purposes of sections 571.101 to 571.121. An applicant's status as a holder of a
196 concealed carry permit, provisional permit, or a concealed carry endorsement issued prior to
197 August 28, 2013, shall not be public information and shall be considered personal protected
198 information. Information retained in the concealed carry permit system under this subsection
199 shall not be distributed to any federal, state, or private entities and shall only be made
200 available for a single entry query of an individual in the event the individual is a subject of
201 interest in an active criminal investigation or is arrested for a crime. A sherif f may access the
202 concealed carry permit system for administrative purposes to issue a permit, verify the
203 accuracy of permit holder information, change the name or address of a permit holder ,
204 suspend or revoke a permit, cancel an expired permit, or cancel a permit upon receipt of a
205 certified death certificate for the permit holder . Any person who violates the provisions of
206 this subdivision by disclosing protected information shall be guilty of a class A misdemeanor .
207 10. Information regarding any holder of a concealed carry permit, or a concealed
208 carry endorsement issued prior to August 28, 2013, is a closed record. No bulk download or
209 batch data shall be distributed to any federal, state, or private entity , except to MoSMAR T or a
210 designee thereof. Any state agency that has retained any documents or records, including
211 fingerprint records provided by an applicant for a concealed carry endorsement prior to
212 August 28, 2013, shall destroy such documents or records, upon successful issuance of a
213 permit.
214 1 1. For processing an application for a concealed carry permit pursuant to sections
215 571.101 to 571.121, the sherif f in each county shall char ge a nonrefundable fee not to exceed
216 one hundred dollars which shall be paid to the treasury of the county to the credit of the
217 sherif f's revolving fund. This fee shall include the cost to reimburse the Missouri state
218 highway patrol for the costs of fingerprinting and criminal background checks. An additional
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219 fee shall be added to each credit card, debit card, or other electronic transaction equal to the
220 char ge paid by the state or the applicant for the use of the credit card, debit card, or other
221 electronic payment method by the applicant.
222 12. For processing a renewal for a concealed carry permit pursuant to sections
223 571.101 to 571.121, the sherif f in each county shall char ge a nonrefundable fee not to exceed
224 fifty dollars which shall be paid to the treasury of the county to the credit of the sheriff 's
225 revolving fund.
226 13. For the purposes of sections 571.101 to 571.121, the term "sherif f" shall include
227 the sherif f of any county or city not within a county or his or her designee and in counties of
228 the first classification the sheriff may designate the chief of police of any city , town, or
229 municipality within such county .
230 14. For the purposes of this chapter , "concealed carry permit" shall include any
231 concealed carry endorsement issued by the department of revenue before January 1, 2014,
232 and any concealed carry document issued by any sheriff or under the authority of any sheriff
233 after December 31, 2013.
571.104. 1. A concealed carry endorsement issued prior to August 28, 2013, shall be
2 suspended or revoked if the concealed carry endorsement holder becomes ineligible for such
3 endorsement under the criteria established in subdivisions (2), (3), (4), [ (5), (8), and (1 1) ] (7),
4 and (10) of subsection 2 of section 571.101 or upon the issuance of a valid full order of
5 protection. The following procedures shall be followed:
6 (1) When a valid full order of protection, or any arrest warrant, dischar ge, or
7 commitment for the reasons listed in subdivision (2), (3), (4), [ (5), (8), or (1 1) ] (7), or (10) of
8 subsection 2 of section 571.101, is issued against a person holding a concealed carry
9 endorsement issued prior to August 28, 2013, upon notification of said order , warrant,
10 dischar ge or commitment or upon an order of a court of competent jurisdiction in a criminal
11 proceeding, a commitment proceeding or a full order of protection proceeding ruling that a
12 person holding a concealed carry endorsement presents a risk of harm to themselves or others,
13 then upon notification of such order , the holder of the concealed carry endorsement shall
14 surrender the driver's license or nondriver's license containing the concealed carry
15 endorsement to the court, of ficer , or other officia l serving the order , warrant, dischar ge, or
16 commitment. The of ficial to whom the driver's license or nondriver's license containing the
17 concealed carry endorsement is surrendered shall issue a receipt to the licensee for the license
18 upon a form, approved by the director of revenue, that serves as a driver's license or a
19 nondriver's license and clearly states the concealed carry endorsement has been suspended.
20 The official shall then transmit the driver's license or a nondriver's license containing the
21 concealed carry endorsement to the circuit court of the county issuing the order , warrant,
22 dischar ge, or commitment. The concealed carry endorsement issued prior to August 28,
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23 2013, shall be suspended until the order is terminated or until the arrest results in a dismissal
24 of all char ges. The of ficial to whom the endorsement is surrendered shall administratively
25 suspend the endorsement in the concealed carry permit system established under subsection 5
26 of section 650.350 until such time as the order is terminated or until the char ges are
27 dismissed. Upon dismissal, the court holding the driver's license or nondriver's license
28 containing the concealed carry endorsement shall return such license to the individual, and the
29 of ficial to whom the endorsement was surrendered shall administratively return the
30 endorsement to good standing within the concealed carry permit system[ . ] ; and
31 (2) Any conviction, dischar ge, or commitment specified in sections 571.101 to
32 571.121 shall result in a revocation. Upon conviction, the court shall forward a notice of
33 conviction or action and the driver's license or nondriver's license with the concealed carry
34 endorsement to the department of revenue. The department of revenue shall notify the sheriff
35 of the county which issued the certificate of qualification for a concealed carry endorsement.
36 The sherif f who issued the certificate of qualification prior to August 28, 2013, shall report
37 the change in status of the endorsement to the concealed carry permit system established
38 under subsection 5 of section 650.350. The director of revenue shall immediately remove the
39 endorsement issued prior to August 28, 2013, from the individual's driving record within
40 three days of the receipt of the notice from the court. The director of revenue shall notify the
41 licensee that he or she must apply for a new license pursuant to chapter 302 which does not
42 contain such endorsement. This requirement does not af fect the driving privileges of the
43 licensee. The notice issued by the department of revenue shall be mailed to the last known
44 address shown on the individual's driving record. The notice is deemed received three days
45 after mailing.
46 2. A concealed carry permit issued pursuant to sections 571.101 to 571.121 after
47 August 28, 2013, shall be suspended or revoked if the concealed carry permit holder becomes
48 ineligible for such permit or endorsement under the criteria established in subdivisions (2),
49 (3), (4), [ (5), (8), and (1 1) ] (7), and (10) of subsection 2 of section 571.101 or upon the
50 issuance of a valid full order of protection. The following procedures shall be followed:
51 (1) When a valid full order of protection or any arrest warrant, dischar ge, or
52 commitment for the reasons listed in subdivision (2), (3), (4), [ (5), (8), or (1 1) ] (7), or (10) of
53 subsection 2 of section 571.101 is issued against a person holding a concealed carry permit,
54 upon notification of said order , warrant, dischar ge, or commitment or upon an order of a court
55 of competent jurisdiction in a criminal proceeding, a commitment proceeding, or a full order
56 of protection proceeding ruling that a person holding a concealed carry permit presents a risk
57 of harm to themselves or others, then upon notification of such order , the holder of the
58 concealed carry permit shall surrender the permit to the court, of ficer , or other of ficial serving
59 the order , warrant, dischar ge, or commitment. The permit shall be suspended until the order
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60 is terminated or until the arrest results in a dismissal of all char ges. The of ficial to whom the
61 permit is surrendered shall administratively suspend the permit in the concealed carry permit
62 system until the order is terminated or the char ges are dismissed. Upon dismissal, the court
63 holding the permit shall return such permit to the individual and the of ficial to whom the
64 permit was surrendered shall administratively return the permit to good standing within the
65 concealed carry permit system; and
66 (2) Any conviction, dischar ge, or commitment specified in sections 571.101 to
67 571.121 shall result in a revocation. Upon conviction, the court shall forward a notice of
68 conviction or action and the permit to the issuing county sheriff. The sheriff who issued the
69 concealed carry permit shall report the change in status of the concealed carry permit to the
70 concealed carry permit system.
71 3. A concealed carry permit shall be renewed for a qualified applicant upon receipt of
72 the properly completed renewal application and the required renewal fee by the sheriff of the
73 county of the applicant's residence. The renewal application shall contain the same required
74 information as set forth in subsection 3 of section 571.101, except that in lieu of the
75 fingerprint requirement of subsection 5 of section 571.101 and the firearms safety training,
76 the applicant need only display his or her current concealed carry permit. A name-based
77 inquiry of the National Instant Criminal Background Check System shall be completed for
78 each renewal application. The sheriff shall review the results of the report from the National
79 Instant Criminal Background Check System, and when the sherif f has determined the
80 applicant has successfully completed all renewal requirements and is not disqualified under
81 any provision of section 571.101, the sheriff shall issue a new concealed carry permit which
82 contains the date such permit was renewed. The process for renewing a concealed carry
83 endorsement issued prior to August 28, 2013, shall be the same as the process for renewing a
84 permit, except that in lieu of the fingerprint requirement of subsection 5 of section 571.101
85 and the firearms safety training, the applicant need only display his or her current driver's
86 license or nondriver's license containing an endorsement. Upon successful completion of all
87 renewal requirements, the sheriff shall issue a new concealed carry permit as provided under
88 this subsection.
89 4. A person who has been issued a concealed carry permit, or a certificate of
90 qualification for a concealed carry endorsement prior to August 28, 2013, who fails to file a
91 renewal application for a concealed carry permit on or before its expiration date must pay an
92 additional late fee of ten dollars per month for each month it is expired for up to six months.
93 After six months, the sherif f who issued the expired concealed carry permit or certificate of
94 qualification shall notify the concealed carry permit system that such permit is expired and
95 cancelled. If the person has a concealed carry endorsement issued prior to August 28, 2013,
96 the sheriff who issued the certificate of qualification for the endorsement shall notify the
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97 director of revenue that such certificate is expired regardless of whether the endorsement
98 holder has applied for a concealed carry permit under subsection 3 of this section. The
99 director of revenue shall immediately remove such endorsement from the individual's driving
100 record and notify the individual that his or her driver's license or nondriver's license has
101 expired. The notice shall be conducted in the same manner as described in subsection 1 of
102 this section. Any person who has been issued a concealed carry permit pursuant to sections
103 571.101 to 571.121, or a concealed carry endorsement issued prior to August 28, 2013, who
104 fails to renew his or her application within the six-month period must reapply for a new
105 concealed carry permit and pay the fee for a new application.
106 5. Any person issued a concealed carry permit pursuant to sections 571.101 to
107 571.121, or a concealed carry endorsement issued prior to August 28, 2013, shall notify the
108 sherif f of the new jurisdiction of the permit or endorsement holder's change of residence
109 within thirty days after the changing of a permanent residence to a location outside the county
110 of permit issuance. The permit or endorsement holder shall furnish proof to the sherif f in the
111 new jurisdiction that the permit or endorsement holder has changed his or her residence. The
112 sherif f in the new jurisdiction shall notify the sherif f in the old jurisdiction of the permit
113 holder's change of address and the sherif f in the old jurisdiction shall transfer any information
114 on file for the permit holder to the sheriff in the new jurisdiction within thirty days. The
115 sherif f of the new jurisdiction may char ge a processing fee of not more than ten dollars for
116 any costs associated with notification of a change in residence. The sherif f shall report the
117 residence change to the concealed carry permit system, take possession and destroy the old
118 permit, and then issue a new permit to the permit holder . The new address shall be accessible
119 by the concealed carry permit system within three days of receipt of the information. If the
120 person has a concealed carry endorsement issued prior to August 28, 2013, the endorsement
121 holder shall also furnish proof to the department of revenue of his or her residence change. In
122 such cases, the change of residence shall be made by the department of revenue onto the
123 individual's driving record.
124 6. Any person issued a concealed carry permit pursuant to sections 571.101 to
125 571.121, or a concealed carry endorsement issued prior to August 28, 2013, shall notify the
126 sherif f or his or her designee of the permit or endorsement holder's county or city of residence
127 within seven days after actual knowledge of the loss or destruction of his or her permit or
128 driver's license or nondriver's license containing a concealed carry endorsement. The permit
129 or endorsement holder shall furnish a statement to the sheriff that the permit or driver's license
130 or nondriver's license containing the concealed carry endorsement has been lost or destroyed.
131 After notification of the loss or destruction of a permit or driver's license or nondriver's
132 license containing a concealed carry endorsement, the sheriff may char ge a processing fee of
133 ten dollars for costs associated with replacing a lost or destroyed permit or driver's license or
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134 nondriver's license containing a concealed carry endorsement and shall reissue a new
135 concealed carry permit within three working days of being notified by the concealed carry
136 permit or endorsement holder of its loss or destruction. The new concealed carry permit shall
137 contain the same personal information, including expiration date, as the original concealed
138 carry permit.
139 7. If a person issued a concealed carry permit, or endorsement issued prior to August
140 28, 2013, changes his or her name, the person to whom the permit or endorsement was issued
141 shall obtain a corrected or new concealed carry permit with a change of name from the sheriff
142 who issued the original concealed carry permit or the original certificate of qualification for
143 an endorsement upon the sheriff 's verification of the name change. The sheriff may char ge a
144 processing fee of not more than ten dollars for any costs associated with obtaining a corrected
145 or new concealed carry permit. The permit or endorsement holder shall furnish proof of the
146 name change to the sheriff within thirty days of changing his or her name and display his or
147 her concealed carry permit or current driver's license or nondriver's license containing a
148 concealed carry endorsement. The sheriff shall report the name change to the concealed carry
149 permit system, and the new name shall be accessible by the concealed carry permit system
150 within three days of receipt of the information.
151 8. The person with a concealed carry permit, or endorsement issued prior to August
152 28, 2013, shall notify the sheriff of a name or address change within thirty days of the change.
153 A concealed carry permit and, if applicable, endorsement shall be automatically invalid after
154 one hundred eighty days if the permit or endorsement holder has changed his or her name or
155 changed his or her residence and not notified the sherif f as required in subsections 5 and 7 of
156 this section. The sheriff shall assess a late penalty of ten dollars per month for each month, up
157 to six months and not to exceed sixty dollars, for the failure to notify the sheriff of the change
158 of name or address within thirty days.
159 9. (1) As used in this subsection, the term "active military member" means any
160 person who is on active duty in the United States Armed Forces, on active state duty , on full-
161 time National Guard duty under T itle 32 of the United States Code.
162 (2) Notwithstanding any provision of this section to the contrary , if a concealed carry
163 permit, or endorsement issued prior to August 28, 2013, expires while the person issued the
164 permit or endorsement is an active military member , the permit shall be renewed if the person
165 completes the renewal requirements under subsection 3 of this section within two months of
166 returning to Missouri after dischar ge from such duty or recovery from such incapacitation.
167 Once the two-month period has expired, the provisions of subsection 4 of this section shall
168 apply except the penalties shall begin to accrue upon the expiration of the two-month period
169 described in this subsection rather than on the expiration date of the permit or endorsement.
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170 (3) Beginning August 28, 2020, an active military member may complete the renewal
171 of his or her endorsement or permit under subdivision (2) of this subsection by mail. T o
172 renew an endorsement or permit by mail, an active military member shall mail to the sheriff
173 who issued his or her permit a renewal application, a copy of his or her current concealed
174 carry permit, a military identification acceptable for in-person renewal of permits, and the
175 renewal fee. The active military member may pick up the renewed permit in person or may
176 request the permit be mailed to a provided address by certified mail. The sheriff may require
177 the active military member to pay the postage and insurance costs associated with mailing the
178 permit, but the costs shall not exceed ten dollars.
571.107. 1. A concealed carry permit issued pursuant to sections 571.101 to 571.121,
2 a valid concealed carry endorsement issued prior to August 28, 2013, or a concealed carry
3 endorsement or permit issued by another state or political subdivision of another state shall
4 authorize the person in whose name the permit or endorsement is issued to carry concealed
5 firearms on or about his or her person or vehicle throughout the state. No concealed carry
6 permit issued pursuant to sections 571.101 to 571.121, valid concealed carry endorsement
7 issued prior to August 28, 2013, or a concealed carry endorsement or permit issued by another
8 state or political subdivision of another state shall authorize any person to carry concealed
9 firearms into:
10 (1) Any police, sheriff , or highway patrol of fice or station without the consent of the
11 chief law enforcement of ficer in char ge of that of fice or station. Possession of a firearm in a
12 vehicle on the premises of the of fice or station shall not be a criminal of fense so long as the
13 firearm is not removed from the vehicle or brandished while the vehicle is on the premises;
14 (2) W ithin twenty-five feet of any polling place on any election day . Possession of a
15 firearm in a vehicle on the premises of the polling place shall not be a criminal of fense so
16 long as the firearm is not removed from the vehicle or brandished while the vehicle is on the
17 premises;
18 (3) The facility of any adult or juvenile detention or correctional institution, prison or
19 jail. Possession of a firearm in a vehicle on the premises of any adult, juvenile detention, or
20 correctional institution, prison or jail shall not be a criminal of fense so long as the firearm is
21 not removed from the vehicle or brandished while the vehicle is on the premises;
22 (4) Any courthouse solely occupied by the circuit, appellate or supreme court, or any
23 courtrooms, administrative of fices, libraries or other rooms of any such court whether or not
24 such court solely occupies the building in question. This subdivision shall also include, but
25 not be limited to, any juvenile, family , drug, or other court of fices, any room or of fice wherein
26 any of the courts or of fices listed in this subdivision are temporarily conducting any business
27 within the jurisdiction of such courts or of fices, and such other locations in such manner as
28 may be specified by supreme court rule pursuant to subdivision (6) of this subsection.
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29 Nothing in this subdivision shall preclude those persons listed in subdivision (1) of subsection
30 2 of section 571.030 while within their jurisdiction and on duty , those persons listed in
31 subdivisions (2), (4), and (10) of subsection 2 of section 571.030, or such other persons who
32 serve in a law enforcement capacity for a court as may be specified by supreme court rule
33 pursuant to subdivision (6) of this subsection from carrying a concealed firearm within any of
34 the areas described in this subdivision. Possession of a firearm in a vehicle on the premises of
35 any of the areas listed in this subdivision shall not be a criminal of fense so long as the firearm
36 is not removed from the vehicle or brandished while the vehicle is on the premises;
37 (5) Any meeting of the governing body of a unit of local government; or any meeting
38 of the general assembly or a committee of the general assembly , except that nothing in this
39 subdivision shall preclude a member of the body holding a valid concealed carry permit or
40 endorsement from carrying a concealed firearm at a meeting of the body which he or she is a
41 member . Possession of a firearm in a vehicle on the premises shall not be a criminal of fense
42 so long as the firearm is not removed from the vehicle or brandished while the vehicle is on
43 the premises. Nothing in this subdivision shall preclude a member of the general assembly , a
44 full-time employee of the general assembly employed under Section 17, Article III,
45 Constitution of Missouri, legislative employees of the general assembly as determined under
46 section 21.155, or statewide elected of ficials and their employees, holding a valid concealed
47 carry permit or endorsement, from carrying a concealed firearm in the state capitol building
48 or at a meeting whether of the full body of a house of the general assembly or a committee
49 thereof, that is held in the state capitol building;
50 (6) The general assembly , supreme court, county or municipality may by rule,
51 administrative regulation, or ordinance prohibit or limit the carrying of concealed firearms by
52 permit or endorsement holders in that portion of a building owned, leased or controlled by
53 that unit of government. Any portion of a building in which the carrying of concealed
54 firearms is prohibited or limited shall be clearly identified by signs posted at the entrance to
55 the restricted area. The statute, rule or ordinance shall exempt any building used for public
56 housing by private persons, highways or rest areas, firing ranges, and private dwellings
57 owned, leased, or controlled by that unit of government from any restriction on the carrying
58 or possession of a firearm. The statute, rule or ordinance shall not specify any criminal
59 penalty for its violation but may specify that persons violating the statute, rule or ordinance
60 may be denied entrance to the building, ordered to leave the building and if employees of the
61 unit of government, be subjected to disciplinary measures for violation of the provisions of
62 the statute, rule or ordinance. The provisions of this subdivision shall not apply to any other
63 unit of government;
64 (7) Any establishment licensed to dispense intoxicating liquor for consumption on the
65 premises, which portion is primarily devoted to that purpose, without the consent of the
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66 owner or manager . The provisions of this subdivision shall not apply to the licensee of said
67 establishment. The provisions of this subdivision shall not apply to any bona fide restaurant
68 open to the general public having dining facilities for not less than fifty persons and that
69 receives at least fifty-one percent of its gross annual income from the dining facilities by the
70 sale of food. This subdivision does not prohibit the possession of a firearm in a vehicle on the
71 premises of the establishment and shall not be a criminal offense so long as the firearm is not
72 removed from the vehicle or brandished while the vehicle is on the premises. Nothing in this
73 subdivision authorizes any individual who has been issued a concealed carry permit or
74 endorsement to possess any firearm while intoxicated;
75 (8) Any area of an airport to which access is controlled by the inspection of persons
76 and property . Possession of a firearm in a vehicle on the premises of the airport shall not be a
77 criminal of fense so long as the firearm is not removed from the vehicle or brandished while
78 the vehicle is on the premises;
79 (9) Any place where the carrying of a firearm is prohibited by federal law;
80 (10) Any higher education institution or elementary or secondary school facility
81 without the consent of the governing body of the higher education institution or a school
82 of ficial or the district school board, unless the person with the concealed carry endorsement or
83 permit is a teacher or administrator of an elementary or secondary school who has been
84 designated by his or her school district as a school protection of ficer and is carrying a firearm
85 in a school within that district, in which case no consent is required. Possession of a firearm
86 in a vehicle on the premises of any higher education institution or elementary or secondary
87 school facility shall not be a criminal of fense so long as the firearm is not removed from the
88 vehicle or brandished while the vehicle is on the premises;
89 (1 1) Any portion of a building used as a child care facility without the consent of the
90 manager . Nothing in this subdivision shall prevent the operator of a child care facility in a
91 family home from owning or possessing a firearm or a concealed carry permit or
92 endorsement;
93 (12) Any riverboat gambling operation accessible by the public without the consent
94 of the owner or manager pursuant to rules promulgated by the gaming commission.
95 Possession of a firearm in a vehicle on the premises of a riverboat gambling operation shall
96 not be a criminal of fense so long as the firearm is not removed from the vehicle or brandished
97 while the vehicle is on the premises;
98 (13) Any gated area of an amusement park. Possession of a firearm in a vehicle on
99 the premises of the amusement park shall not be a criminal of fense so long as the firearm is
100 not removed from the vehicle or brandished while the vehicle is on the premises;
101 (14) Any church or other place of religious worship without the consent of the
102 minister or person or persons representing the religious or ganization that exercises control
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103 over the place of religious worship. Possession of a firearm in a vehicle on the premises shall
104 not be a criminal of fense so long as the firearm is not removed from the vehicle or brandished
105 while the vehicle is on the premises;
106 (15) Any private property whose owner has posted the premises as being of f-limits to
107 concealed firearms by means of one or more signs displayed in a conspicuous place of a
108 minimum size of eleven inches by fourteen inches with the writing thereon in letters of not
109 less than one inch. The owner , business or commercial lessee, manager of a private business
110 enterprise, or any other org anization, entity , or person may prohibit persons holding a
111 concealed carry permit or endorsement from carrying concealed firearms on the premises and
112 may prohibit employees, not authorized by the employer , holding a concealed carry permit or
113 endorsement from carrying concealed firearms on the property of the employer . If the
114 building or the premises are open to the public, the employer of the business enterprise shall
115 post signs on or about the premises if carrying a concealed firearm is prohibited. Possession
116 of a firearm in a vehicle on the premises shall not be a criminal offense so long as the firearm
117 is not removed from the vehicle or brandished while the vehicle is on the premises. An
118 employer may prohibit employees or other persons holding a concealed carry permit or
119 endorsement from carrying a concealed firearm in vehicles owned by the employer;
120 (16) Any sports arena or stadium with a seating capacity of five thousand or more.
121 Possession of a firearm in a vehicle on the premises shall not be a criminal of fense so long as
122 the firearm is not removed from the vehicle or brandished while the vehicle is on the
123 premises; or
124 (17) Any hospital accessible by the public. Possession of a firearm in a vehicle on the
125 premises of a hospital shall not be a criminal offense so long as the firearm is not removed
126 from the vehicle or brandished while the vehicle is on the premises.
127 2. Carrying of a concealed firearm in a location specified in subdivisions (1) to (17)
128 of subsection 1 of this section by any individual who holds a concealed carry permit issued
129 pursuant to sections 571.101 to 571.121, or a concealed carry endorsement issued prior to
130 August 28, 2013, shall not be a criminal act but may subject the person to denial to the
131 premises or removal from the premises. If such person refuses to leave the premises and a
132 peace of ficer is summoned, such person may be issued a citation for an amount not to exceed
133 one hundred dollars for the first of fense. If a second citation for a similar violation occurs
134 within a six-month period, such person shall be fined an amount not to exceed two hundred
135 dollars and his or her permit, and, if applicable, endorsement to carry concealed firearms shall
136 be suspended for a period of one year . If a third citation for a similar violation is issued
137 within one year of the first citation, such person shall be fined an amount not to exceed five
138 hundred dollars and shall have his or her concealed carry permit, and, if applicable,
139 endorsement revoked and such person shall not be eligible for a concealed carry permit for a
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140 period of three years. Upon conviction of char ges arising from a citation issued pursuant to
141 this subsection, the court shall notify the sheriff of the county which issued the concealed
142 carry permit, or , if the person is a holder of a concealed carry endorsement issued prior to
143 August 28, 2013, the court shall notify the sheriff of the county which issued the certificate of
144 qualification for a concealed carry endorsement and the department of revenue. The sheriff
145 shall suspend or revoke the concealed carry permit or , if applicable, the certificate of
146 qualification for a concealed carry endorsement. If the person holds an endorsement, the
147 department of revenue shall issue a notice of such suspension or revocation of the concealed
148 carry endorsement and take action to remove the concealed carry endorsement from the
149 individual's driving record. The director of revenue shall notify the licensee that he or she
150 must apply for a new license pursuant to chapter 302 which does not contain such
151 endorsement. The notice issued by the department of revenue shall be mailed to the last
152 known address shown on the individual's driving record. The notice is deemed received three
153 days after mailing.
154 3. The prov isions of section 571.128 shall apply to any person carrying a fir earm
155 concealed on or about his or her person who is lawfully in possession of a valid
156 concealed carry permit issued under sections 571.101 to 571.121, a concealed carry
157 endorsement issued prior to August 28, 2013, or a valid concealed carry permit or
158 endorsement issued by another state or a political subdivision of another state.
571.1 1 1. 1. An applicant for a concealed carry permit shall demonstrate knowledge
2 of firearms safety training. This requirement shall be fully satisfied if the applicant for a
3 concealed carry permit:
4 (1) Submits a photocopy of a certificate of firearms safety training course completion,
5 as defined in subsection 2 of this section, signed by a qualified firearms safety instructor as
6 defined in subsection 6 of this section; or
7 (2) Submits a photocopy of a certificate that shows the applicant completed a firearms
8 safety course given by or under the supervision of any state, county , municipal, or federal law
9 enforcement agency; or
10 (3) Is a qualified firearms safety instructor as defined in subsection 6 of this section;
11 or
12 (4) Submits proof that the applicant currently holds any type of valid peace of ficer
13 license issued under the requirements of chapter 590; or
14 (5) Submits proof that the applicant is currently allowed to carry firearms in
15 accordance with the certification requirements of section 217.710; or
16 (6) Submits proof that the applicant is currently certified as any class of corrections
17 of ficer by the Missouri department of corrections and has passed at least one eight-hour
18 firearms training course, approved by the director of the Missouri department of corrections
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19 under the authority granted to him or her , that includes instruction on the justifiable use of
20 force as prescribed in chapter 563; or
21 (7) Submits a photocopy of a certificate of firearms safety training course completion
22 that was issued on August 27, 201 1, or earlier so long as the certificate met the requirements
23 of subsection 2 of this section that were in ef fect on the date it was issued.
24 2. A certificate of firearms safety training course completion may be issued to any
25 applicant by any qualified firearms safety instructor . On the certificate of course completion
26 the qualified firearms safety instructor shall af firm that the individual receiving instruction
27 has taken and passed a firearms safety course of at least eight hours in length taught by the
28 instructor that included:
29 (1) Handgun safety in the classroom, at home, on the firing range and while carrying
30 the firearm;
31 (2) A physical demonstration performed by the applicant that demonstrated his or her
32 ability to safely load and unload either a revolver or a semiautomatic pistol and demonstrated
33 his or her marksmanship with either firearm;
34 (3) The basic principles of marksmanship;
35 (4) Care and cleaning of concealable firearms;
36 (5) Safe storage of firearms at home;
37 (6) The requirements of this state for obtaining a concealed carry permit from the
38 sherif f of the individual's county of residence;
39 (7) The laws relating to firearms as prescribed in this chapter;
40 (8) The laws relating to the justifiable use of force as prescribed in chapter 563;
41 (9) A live firing exercise of suff icient duration for each applicant to fire either a
42 revolver or a semiautomatic pistol, from a standing position or its equivalent, a minimum of
43 twenty rounds from the handgun at a distance of seven yards from a B-27 silhouette tar get or
44 an equivalent tar get; and
45 (10) A live-fire test administered to the applicant while the instructor was present of
46 twenty rounds from either a revolver or a semiautomatic pistol from a standing position or its
47 equivalent at a distance from a B-27 silhouette tar get, or an equivalent tar get, of seven yards.
48 3. A qualified fir earms safety instructor may also issue a certificate of firearms
49 safety training course completion [ may also be issued ] to :
50 (1) An applicant who :
51 (a) Presents proof [ to a qualified firearms safety instructor ] that the applicant has
52 passed a regular or online course on firearm safety conducted by [ an ] a qualified fir earms
53 safety instructor [ certified by the National Rifle Association ] that is at least one hour in
54 length ; and [ who also ]
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55 (b) Passes the requirements of subdivisions (1), (2), (6), (7), (8), (9), and (10) of
56 subsection 2 of this section in a course, not restricted by a period of hours, that is taught by a
57 qualified firearms safety instructor ; or
58 (2) An applicant who:
59 (a) Is serving on active duty in the Armed For ces of the United States;
60 (b) Pr esents proo f that the applicant r eceived a marksmanship qualification
61 badge with a pistol, a marksmanship ribbon with a pistol, or a pistol marksmanship
62 award; and
63 (c) Passes the requ irem ents of subdivisions (1), (4), (5), (6), (7), and (8) of
64 subsection 2 of this section in a course, not res tricted by a period of hours, that is taught
65 by a qualified fir earms safety instructor .
66 4. A qualified firearms safety instructor shall not give a grade of passing to an
67 applicant for a concealed carry permit who:
68 (1) Does not follow the orders of the qualified firearms instructor or cognizant range
69 of ficer; or
70 (2) Handles a firearm in a manner that, in the judgment of the qualified firearm safety
71 instructor , poses a danger to the applicant or to others; or
72 (3) During the live-fire testing portion of the course fails to hit the silhouette portion
73 of the targ ets with at least fifteen rounds.
74 5. Qualified firearms safety instructors who provide firearms safety instruction to any
75 person who applies for a concealed carry permit shall:
76 (1) Make the applicant's course records available upon request to the sherif f of the
77 county in which the applicant resides;
78 (2) Maintain all course records on students for a period of no less than four years
79 from course completion date; and
80 (3) Not have more than forty students per certified instructor in the classroom portion
81 of the course or more than five students per range of ficer engaged in range firing.
82 6. A firearms safety instructor shall be considered to be a qualified firearms safety
83 instructor by any sherif f issuing a concealed carry permit pursuant to sections 571.101 to
84 571.121 or sections 571.205 to 571.230 if the instructor:
85 (1) Is a valid firearms safety instructor certified by the National Rifle Association
86 holding a rating as a personal protection instructor or pistol marksmanship instructor; or
87 (2) Submits a photocopy of a notarized certificate from a firearms safety instructor's
88 course offer ed by a local, state, or federal governmental agency; or
89 (3) Submits a photocopy of a notarized certificate from a firearms safety instructor
90 course approved by the department of public safety; or
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91 (4) Has successfully completed a firearms safety instructor course given by or under
92 the supervision of any state, county , municipal, or federal law enforcement agency; or
93 (5) Is a certified police of ficer firearms safety instructor .
94 7. Any firearms safety instructor qualified under subsection 6 of this section may
95 submit a copy of a training instructor certificate, course outline bearing the notarized
96 signature of the instructor , and a recent photograph of the instructor to the sheriff of the
97 county in which the instructor resides. The sheriff shall review the training instructor
98 certificate along with the course outline and verify the firearms safety instructor is qualified
99 and the course meets the requirements provided under this section. If the sheriff verifies the
100 firearms safety instructor is qualified and the course meets the requirements provided under
101 this section, the sherif f shall collect an annual registration fee of ten dollars from each
102 qualified instructor who chooses to submit such information and submit the registration to the
103 Missouri sheriff methamphetamine relief taskforce. The Missouri sherif f methamphetamine
104 relief taskforce, or its designated agent, shall create and maintain a statewide database of
105 qualified instructors. This information shall be a closed record except for access by any
106 sherif f. Firearms safety instructors may register annually and the registration is only ef fective
107 for the calendar year in which the instructor registered. Any sheriff may access the statewide
108 database maintained by the Missouri sherif f methamphetamine relief taskforce to verify the
109 firearms safety instructor is qualified and the course of fered by the instructor meets the
110 requirements provided under this section. Unless a sheriff has reason to believe otherwise, a
111 sherif f shall presume a firearms safety instructor is qualified to provide firearms safety
112 instruction in counties throughout the state under this section if the instructor is registered on
113 the statewide database of qualified instructors.
114 8. Any firearms safety instructor who knowingly provides any sheriff with any false
115 information concerning an applicant's performance on any portion of the required training and
116 qualification shall be guilty of a class C misdemeanor . A violation of the provisions of this
117 section shall result in the person being prohibited from instructing concealed carry permit
118 classes and issuing certificates.
571.1 17. 1. Any person who has knowledge that another person, who was issued a
2 concealed carry permit pursuant to sections 571.101 to 571.121, or concealed carry
3 endorsement prior to August 28, 2013, never was or no longer is eligible for such permit or
4 endorsement under the criteria established in sections 571.101 to 571.121 may file a petition
5 with the clerk of the small claims court to revoke that person's concealed carry permit or
6 endorsement. The petition shall be in a form substantially similar to the petition for
7 revocation of concealed carry permit or endorsement provided in this section. [ Appeal ]
8 Revocation petition forms shall be provided by the clerk of the small claims court free of
9 char ge to any person:
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10 SMALL CLAIMS COUR T
11 In the Circuit Court of ______, Missouri
12 ______, PLAINTIFF
13 )
14 )
15 vs. ) Case Number ______
16 )
17 ______, DEFENDANT ,
18 Carry Permit or Endorsement Holder
19 ______, DEFENDANT ,
20 Sherif f of Issuance
21 PETITION FOR REVOCA TION OF A
22 CONCEALED CARR Y PERMIT OR CONCEALED CARR Y
23 ENDORSEMENT
24 Plaintif f states to the court that the defendant, ______, has a concealed
25 carry permit issued pursuant to sections 571.101 to 571.121, RSMo, or
26 a concealed carry endorsement issued prior to August 28, 2013, and
27 that the defendant's concealed carry permit or concealed carry
28 endorsement should now be revoked because the defendant either
29 never was or no longer is eligible for such a permit or endorsement
30 pursuant to the provisions of sections 571.101 to 571.121, RSMo,
31 specifically plaintif f states that defendant, ______, never was or no
32 longer is eligible for such permit or endorsement for one or more of the
33 following reasons:
34 (CHECK BELOW EACH REASON THA T APPLIES T O THIS
35 DEFENDANT)
36 Defendant is not at least [ nineteen years of age or at least ] eighteen
37 years of age [ and a member of the United States Armed Forces or
38 honorably dischar ged from the United States Armed Forces ].
39 Defendant is not a citizen or permanent resident of the United
40 States.
41 Defendant had not resided in this state prior to issuance of the
42 permit and does not qualify as a military member or spouse of a
43 military member stationed in Missouri.
44 Defendant has pled guilty to or been convicted of a crime
45 punishable by imprisonment for a term exceeding [ two years ] one
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46 year under the laws of any state or of the United States other than a
47 crime classified as a misdemeanor under the laws of any state and
48 punishable by a term of imprisonment of [ one year ] two years or
49 less that does not involve an explosive weapon, firearm, firearm
50 silencer , or gas gun.
51 Defendant has been convicted of, pled guilty to or entered a plea of
52 nolo contendere to one or more misdemeanor of fenses involving
53 crimes of violence within a five-year period immediately
54 preceding application for a concealed carry permit issued pursuant
55 to sections 571.101 to 571.121, RSMo, or a concealed carry
56 endorsement issued prior to August 28, 2013, or if the applicant
57 has been convicted of two or more misdemeanor of fenses
58 involving driving while under the influence of intoxicating liquor
59 or drugs or the possession or abuse of a controlled substance within
60 a five-year period immediately preceding application for a
61 concealed carry permit issued pursuant to sections 571.101 to
62 571.121, RSMo, or a concealed carry endorsement issued prior to
63 August 28, 2013.
64 Defendant is a fugitive from justice or currently charg ed in an
65 information or indictment with the commission of a crime
66 punishable by imprisonment for a term exceeding one year under
67 the laws of any state of the United States other than a crime
68 classified as a misdemeanor under the laws of any state and
69 punishable by a term of imprisonment of two years or less that
70 does not involve an explosive weapon, firearm, firearm silencer , or
71 gas gun.
72 Defendant has been dischar ged under dishonorable conditions
73 from the United States Armed Forces.
74 Defendant is reasonably believed by the sheriff to be a danger to
75 self or others based on previous, documented pattern.
76 Defendant is adjudged mentally incompetent at the time of
77 application or for five years prior to application, or has been
78 committed to a mental health facility , as defined in section
79 632.005, RSMo, or a similar institution located in another state,
80 except that a person whose release or discharg e from a facility in
81 this state pursuant to chapter 632, RSMo, or a similar dischar ge
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82 from a facility in another state, occurred more than five years ago
83 without subsequent recommitment may apply .
84 Defendant failed to submit a completed application for a concealed
85 carry permit issued pursuant to sections 571.101 to 571.121,
86 RSMo, or a concealed carry endorsement issued prior to August
87 28, 2013.
88 Defendant failed to submit to or failed to clear the required
89 background check. (Note: This does not apply if the defendant has
90 submitted to a background check and been issued a provisional
91 permit pursuant to subdivision (2) of subsection 5 of section
92 571.101, and the results of the background check are still pending.)
93 Defendant failed to submit an affidavi t attesting that the applicant
94 complies with the concealed carry safety training requirement
95 pursuant to subsection 1 of section 571.1 1 1, RSMo.
96 Defendant is otherwise disqualified from possessing a firearm
97 pursuant to 18 U.S.C. Section 922(g) or section 571.070, RSMo,
98 because (specify reason):
99 The plaintif f subject to penalty for perjury states that the information
100 contained in this petition is true and correct to the best of the plaintif f's
101 knowledge, is reasonably based upon the petitioner's personal
102 knowledge and is not primarily intended to harass the defendant/
103 respondent named herein.
104 _______________, PLAINTIFF
105 2. If at the hearing the plaintif f shows that the defendant was not eligible for the
106 concealed carry permit issued pursuant to sections 571.101 to 571.121, or a concealed carry
107 endorsement issued prior to August 28, 2013, at the time of issuance or renewal or is no
108 longer eligible for a concealed carry permit or the concealed carry endorsement, the court
109 shall issue an appropriate order to cause the revocation of the concealed carry permit and, if
110 applicable, the concealed carry endorsement. Costs shall not be assessed against the sheriff .
111 3. The finder of fact, in any action brought against a permit or endorsement holder
112 pursuant to subsection 1 of this section, shall make findings of fact and the court shall make
113 conclusions of law addressing the issues at dispute. If it is determined that the plaintif f in
114 such an action acted without justification or with malice or primarily with an intent to harass
115 the permit or endorsement holder or that there was no reasonable basis to bring the action, the
116 court shall order the plaintiff to pay the defendant/respondent all reasonable costs incurred in
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117 defending the action including, but not limited to, attorney's fees, deposition costs, and lost
118 wages. Once the court determines that the plaintif f is liable to the defendant/respondent for
119 costs and fees, the extent and type of fees and costs to be awarded should be liberally
120 calculated in defendant/respondent's favor . Notwithstanding any other provision of law ,
121 reasonable attorney's fees shall be presumed to be at least one hundred fifty dollars per hour .
122 4. Any person aggrieved by any final judgment rendered by a small claims court in a
123 petition for revocation of a concealed carry permit or concealed carry endorsement may have
124 a right to trial de novo as provided in sections 512.180 to 512.320.
125 5. The office of the county sheriff or any employee or agent of the county sheriff shall
126 not be liable for damages in any civil action arising from alleged wrongful or improper
127 granting, renewing, or failure to revoke a concealed carry permit issued pursuant to sections
128 571.101 to 571.121, or a certificate of qualification for a concealed carry endorsement issued
129 prior to August 28, 2013, so long as the sheriff acted in good faith.
571.128. 1. For purposes of this section, "publicly funded transportation
2 system" means the prop erty , equipment, rights-of-way , or buildings, whether publicly
3 or privately owned and operated, of an entity that r eceives public funds and holds itself
4 out to the general public for the transportation of persons. This includes portions of a
5 public transportation system pr ovided thr ough a contract with a private entity but
6 excludes any corporation that pr ovides inter city passenger train service on railr oads
7 thr oughout the United States or any private partnership in which the corporation
8 engages.
9 2. Notwithstanding any prov ision of this chapter or chapter 70, 577, or 578 to the
10 contrary , a person carrying a fir earm concealed on or about his or her person who is
11 lawfully in possession of a valid concealed carry permit issued under sections 571.101 to
12 571.121 or sections 571.205 to 571.230, a valid concealed carry endorsement issued prior
13 to August 28, 2013, or a valid concealed carry permit or endorsement issued by another
14 state or a political subdivision of another state shall not be pr ohibited or impeded fr om
15 accessing or using any publicly funded transportation system and shall not be harassed
16 or detained for carrying a concealed fir earm on the pr operty , vehicles, or conveyances
17 owned, contracted, or leased by such systems that ar e accessible to the public.
571.205. 1. Upon request and payment of the required fee, the sherif f shall issue a
2 concealed carry permit that is valid through the state of Missouri for the lifetime of the permit
3 holder to a Missouri resident who meets the requirements of sections 571.205 to 571.230,
4 known as a Missouri lifetime concealed carry permit. A person may also request, and the
5 sherif f shall issue upon payment of the required fee, a concealed carry permit that is valid
6 through the state of Missouri for a period of either ten years or twenty-five years from the
7 date of issuance or renewal to a Missouri resident who meets the requirements of sections
HB 2265 33
8 571.205 to 571.230. Such permit shall be known as a Missouri extended concealed carry
9 permit. A person issued a Missouri lifetime or extended concealed carry permit shall be
10 required to comply with the provisions of sections 571.205 to 571.230. If the applicant can
11 show qualification as provided by sections 571.205 to 571.230, the sheriff shall issue a
12 Missouri lifetime or extended concealed carry permit authorizing the carrying of a concealed
13 firearm on or about the applicant's person or within a vehicle.
14 2. A Missouri lifetime or extended concealed carry permit shall be suspended if the
15 permit holder becomes a resident of another state. The permit may be reactivated upon
16 reestablishment of Missouri residency if the applicant meets the requirements of sections
17 571.205 to 571.230, and upon successful completion of a name-based inquiry of the National
18 Instant Background Check System.
19 3. A Missouri lifetime or extended concealed carry permit shall be issued by the
20 sherif f or his or her designee of the county or city in which the applicant resides, if the
21 applicant:
22 (1) Is [ at least nineteen ] eighteen years of age or older , is a citizen or permanent
23 resident of the United States , and has assumed residency in this state[ , or is at least eighteen
24 years of age and a member of the United States Armed Forces or honorably dischar ged from
25 the United States Armed Forces, and is a citizen of the United States and has assumed
26 residency in this state ];
27 (2) Has not pled guilty to or entered a plea of nolo contendere or been convicted of a
28 crime punishable by imprisonment for a term exceeding one year under the laws of any state
29 or of the United States, other than a crime classified as a misdemeanor under the laws of any
30 state and punishable by a term of imprisonment of two years or less that does not involve an
31 explosive weapon, firearm, firearm silencer , or gas gun;
32 (3) Has not been convicted of, pled guilty to or entered a plea of nolo contendere to
33 one or more misdemeanor of fenses involving crimes of violence within a five-year period
34 immediately preceding application for a Missouri lifetime or extended concealed carry permit
35 or if the applicant has not been convicted of two or more misdemeanor of fenses involving
36 driving while under the influence of intoxicating liquor or drugs or the possession or abuse of
37 a controlled substance within a five-year period immediately preceding application for a
38 Missouri lifetime or extended concealed carry permit;
39 (4) Is not a fugitive from justice or currently char ged in an information or indictment
40 with the commission of a crime punishable by imprisonment for a term exceeding one year
41 under the laws of any state of the United States, other than a crime classified as a
42 misdemeanor under the laws of any state and punishable by a term of imprisonment of two
43 years or less that does not involve an explosive weapon, firearm, firearm silencer , or gas gun;
HB 2265 34
44 (5) Has not been dischar ged under dishonorable conditions from the United States
45 Armed Forces;
46 (6) Has not engaged in a pattern of behavior , documented in public or closed records,
47 that causes the sherif f to have a reasonable belief that the applicant presents a danger to
48 himself or herself or others;
49 (7) Is not adjudged mentally incompetent at the time of application or for five years
50 prior to application, or has not been committed to a mental health facility , as defined in
51 section 632.005, or a similar institution located in another state following a hearing at which
52 the defendant was represented by counsel or a representative;
53 (8) Submits a completed application for a permit as described in subsection 4 of this
54 section;
55 (9) Submits an af fidavit attesting that the applicant complies with the concealed carry
56 safety training requirement under subsections 1 and 2 of section 571.1 1 1;
57 (10) Is not the respondent of a valid full order of protection which is still in ef fect;
58 (1 1) Is not otherwise prohibited from possessing a firearm under section 571.070 or
59 18 U.S.C. Section 922(g).
60 4. The application for a Missouri lifetime or extended concealed carry permit issued
61 by the sherif f of the county of the applicant's residence shall contain only the following
62 information:
63 (1) The applicant's name, address, telephone number , gender , date and place of birth,
64 and, if the applicant is not a United States citizen, the applicant's country of citizenship and
65 any alien or admission number issued by the United States Immigration and Customs
66 Enforcement or any successor agency;
67 (2) An affir mation that the applicant has assumed residency in Missouri and is a
68 citizen or permanent resident of the United States;
69 (3) An affir mation that the applicant is [ at least nineteen years of age or is ] eighteen
70 years of age or older [ and a member of the United States Armed Forces or honorably
71 dischar ged from the United States Armed Forces ];
72 (4) An af firmation that the applicant has not pled guilty to or been convicted of a
73 crime punishable by imprisonment for a term exceeding one year under the laws of any state
74 or of the United States other than a crime classified as a misdemeanor under the laws of any
75 state and punishable by a term of imprisonment of two years or less that does not involve an
76 explosive weapon, firearm, firearm silencer , or gas gun;
77 (5) An af firmation that the applicant has not been convicted of, pled guilty to, or
78 entered a plea of nolo contendere to one or more misdemeanor of fenses involving crimes of
79 violence within a five-year period immediately preceding application for a permit or that the
80 applicant has not been convicted of two or more misdemeanor of fenses involving driving
HB 2265 35
81 while under the influence of intoxicating liquor or drugs or the possession or abuse of a
82 controlled substance within a five-year period immediately preceding application for a
83 permit;
84 (6) An af firmation that the applicant is not a fugitive from justice or currently char ged
85 in an information or indictment with the commission of a crime punishable by imprisonment
86 for a term exceeding one year under the laws of any state or of the United States other than a
87 crime classified as a misdemeanor under the laws of any state and punishable by a term of
88 imprisonment of two years or less that does not involve an explosive weapon, firearm, firearm
89 silencer , or gas gun;
90 (7) An affir mation that the applicant has not been dischar ged under dishonorable
91 conditions from the United States Armed Forces;
92 (8) An af firmation that the applicant is not adjudged mentally incompetent at the time
93 of application or for five years prior to application, or has not been committed to a mental
94 health facility , as defined in section 632.005, or a similar institution located in another state,
95 except that a person whose release or dischar ge from a facility in this state under chapter 632,
96 or a similar dischar ge from a facility in another state, occurred more than five years ago
97 without subsequent recommitment may apply;
98 (9) An affir mation that the applicant has received firearms safety training that meets
99 the standards of applicant firearms safety training defined in subsection 1 or 2 of section
100 571.1 1 1;
101 (10) An af firmation that the applicant, to the applicant's best knowledge and belief, is
102 not the respondent of a valid full order of protection which is still in ef fect;
103 (1 1) A conspicuous warning that false statements made by the applicant will result in
104 prosecution for perjury under the laws of the state of Missouri; and
105 (12) A government-issued photo identification. This photograph shall not be
106 included on the permit and shall only be used to verify the person's identity for the issuance of
107 a new permit, issuance of a new permit due to change of name or address, renewal of an
108 extended permit, or for a lost or destroyed permit, or reactivation under subsection 2 of this
109 section.
110 5. An application for a Missouri lifetime or extended concealed carry permit shall be
111 made to the sheriff of the county in which the applicant resides. An application shall be filed
112 in writing, signed under oath and under the penalties of perjury , and shall state whether the
113 applicant complies with each of the requirements specified in subsection 3 of this section. In
114 addition to the completed application, the applicant for a Missouri lifetime or extended
115 concealed carry permit shall also submit the following:
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116 (1) A photocopy of a firearms safety training certificate of completion or other
117 evidence of completion of a firearms safety training course that meets the standards
118 established in subsection 1 or 2 of section 571.1 1 1; and
119 (2) A nonrefundable permit fee as provided by subsection 12 of this section.
120 6. (1) Before an application for a Missouri lifetime or extended concealed carry
121 permit is approved, the sheriff shall make only such inquiries as he or she deems necessary
122 into the accuracy of the statements made in the application. The sheriff may require that the
123 applicant display a Missouri driver's license or nondriver's license or military identification.
124 No biometric data shall be collected from the applicant. The sherif f shall conduct an inquiry
125 of the National Instant Criminal Background Check System within three working days after
126 submission of the properly completed application for a Missouri lifetime or extended
127 concealed carry permit. Upon receipt of the completed report from the National Instant
128 Criminal Background Check System, the sheriff shall examine the results and, if no
129 disqualifying information is identified, shall issue a Missouri lifetime or extended concealed
130 carry permit within three working days.
131 (2) In the event the report from the National Instant Criminal Background Check
132 System and the response from the Federal Bureau of Investigation national criminal history
133 record check prescribed by subdivision (1) of this subsection are not completed within forty-
134 five calendar days and no disqualifying information concerning the applicant has otherwise
135 come to the sheriff 's attention, the sherif f shall issue a provisional permit, clearly designated
136 on the certificate as such, which the applicant shall sign in the presence of the sherif f or the
137 sherif f's designee. This permit, when carried with a valid Missouri driver's or nondriver's
138 license, shall permit the applicant to exercise the same rights in accordance with the same
139 conditions as pertain to a Missouri lifetime or extended concealed carry permit issued under
140 this section, provided that it shall not serve as an alternative to a national instant criminal
141 background check required by 18 U.S.C. Section 922(t). The provisional permit shall remain
142 valid until such time as the sheriff either issues or denies the permit under subsection 7 or 8 of
143 this section. The sheriff shall revoke a provisional permit issued under this subsection within
144 twenty-four hours of receipt of any report that identifies a disqualifying record, and shall
145 notify the concealed carry permit system established under subsection 5 of section 650.350.
146 The revocation of a provisional permit issued under this section shall be prescribed in a
147 manner consistent to the denial and review of an application under subsection 7 of this
148 section.
149 7. The sheriff may refuse to approve an application for a Missouri lifetime or
150 extended concealed carry permit if he or she determines that any of the requirements specified
151 in subsection 3 of this section have not been met, or if he or she has a substantial and
152 demonstrable reason to believe that the applicant has rendered a false statement regarding any
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153 of the provisions of sections 571.205 to 571.230. If the applicant is found to be ineligible, the
154 sherif f is required to deny the application, and notify the applicant in writing, stating the
155 grounds for denial and informing the applicant of the right to submit, within thirty days, any
156 additional documentation relating to the grounds of the denial. Upon receiving any additional
157 documentation, the sherif f shall reconsider his or her decision and inform the applicant within
158 thirty days of the result of the reconsideration. The applicant shall further be informed in
159 writing of the right to appeal the denial under section 571.220. After two additional reviews
160 and denials by the sherif f, the person submitting the application shall appeal the denial under
161 section 571.220.
162 8. If the application is approved, the sheriff shall issue a Missouri lifetime or extended
163 concealed carry permit to the applicant within a period not to exceed three working days after
164 his or her approval of the application. The applicant shall sign the Missouri lifetime or
165 extended concealed carry permit in the presence of the sheriff or his or her designee.
166 9. The Missouri lifetime or extended concealed carry permit shall specify only the
167 following information:
168 (1) Name, address, date of birth, gender , height, weight, color of hair , color of eyes,
169 and signature of the permit holder;
170 (2) The signature of the sheriff issuing the permit;
171 (3) The date of issuance;
172 (4) A clear statement indicating that the permit is only valid within the state of
173 Missouri; and
174 (5) If the permit is a Missouri extended concealed carry permit, the expiration date.
175
176 The permit shall be no lar ger than two and one-eighth inches wide by three and three-eighths
177 inches long and shall be of a uniform style prescribed by the department of public safety . The
178 permit shall also be assigned a concealed carry permit system county code and shall be stored
179 in sequential number .
180 10. (1) The sheriff shall keep a record of all applications for a Missouri lifetime or
181 extended concealed carry permit or a provisional permit and his or her action thereon. Any
182 record of an application that is incomplete or denied for any reason shall be kept for a period
183 not to exceed one year .
184 (2) The sheriff shall report the issuance of a Missouri lifetime or extended concealed
185 carry permit or provisional permit to the concealed carry permit system. All information on
186 any such permit that is protected information on any driver's or nondriver's license shall have
187 the same personal protection for purposes of sections 571.205 to 571.230. An applicant's
188 status as a holder of a Missouri lifetime or extended concealed carry permit or provisional
189 permit shall not be public information and shall be considered personal protected information.
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190 Information retained in the concealed carry permit system under this subsection shall not be
191 distributed to any federal, state, or private entities and shall only be made available for a
192 single entry query of an individual in the event the individual is a subject of interest in an
193 active criminal investigation or is arrested for a crime. A sheriff may access the concealed
194 carry permit system for administrative purposes to issue a permit, verify the accuracy of
195 permit holder information, change the name or address of a permit holder , suspend or revoke
196 a permit, cancel an expired permit, or cancel a permit upon receipt of a certified death
197 certificate for the permit holder . Any person who violates the provisions of this subdivision
198 by disclosing protected information shall be guilty of a class A misdemeanor .
199 1 1. Information regarding any holder of a Missouri lifetime or extended concealed
200 carry permit is a closed record. No bulk download or batch data shall be distributed to any
201 federal, state, or private entity , except to MoSMAR T or a designee thereof.
202 12. For processing an application, the sheriff in each county shall char ge a
203 nonrefundable fee not to exceed:
204 (1) T wo hundred dollars for a new Missouri extended concealed carry permit that is
205 valid for ten years from the date of issuance or renewal;
206 (2) T wo hundred fifty dollars for a new Missouri extended concealed carry permit
207 that is valid for twenty-five years from the date of issuance or renewal;
208 (3) Fifty dollars for a renewal of a Missouri extended concealed carry permit;
209 (4) Five hundred dollars for a Missouri lifetime concealed carry permit,
210
211 which shall be paid to the treasury of the county to the credit of the sheriff's revolving fund.
571.215. 1. A Missouri lifetime or extended concealed carry permit issued under
2 sections 571.205 to 571.230 shall authorize the person in whose name the permit is issued to
3 carry concealed firearms on or about his or her person or vehicle throughout the state. No
4 Missouri lifetime or extended concealed carry permit shall authorize any person to carry
5 concealed firearms into:
6 (1) Any police, sheriff , or highway patrol of fice or station without the consent of the
7 chief law enforcement of ficer in char ge of that of fice or station. Possession of a firearm in a
8 vehicle on the premises of the of fice or station shall not be a criminal of fense so long as the
9 firearm is not removed from the vehicle or brandished while the vehicle is on the premises;
10 (2) W ithin twenty-five feet of any polling place on any election day . Possession of a
11 firearm in a vehicle on the premises of the polling place shall not be a criminal of fense so
12 long as the firearm is not removed from the vehicle or brandished while the vehicle is on the
13 premises;
14 (3) The facility of any adult or juvenile detention or correctional institution, prison or
15 jail. Possession of a firearm in a vehicle on the premises of any adult, juvenile detention, or
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16 correctional institution, prison or jail shall not be a criminal of fense so long as the firearm is
17 not removed from the vehicle or brandished while the vehicle is on the premises;
18 (4) Any courthouse solely occupied by the circuit, appellate or supreme court, or any
19 courtrooms, administrative of fices, libraries, or other rooms of any such court whether or not
20 such court solely occupies the building in question. This subdivision shall also include, but
21 not be limited to, any juvenile, family , drug, or other court of fices, any room or of fice wherein
22 any of the courts or of fices listed in this subdivision are temporarily conducting any business
23 within the jurisdiction of such courts or of fices, and such other locations in such manner as
24 may be specified by supreme court rule under subdivision (6) of this subsection. Nothing in
25 this subdivision shall preclude those persons listed in subdivision (1) of subsection 2 of
26 section 571.030 while within their jurisdiction and on duty , those persons listed in
27 subdivisions (2), (4), and (10) of subsection 2 of section 571.030, or such other persons who
28 serve in a law enforcement capacity for a court as may be specified by supreme court rule
29 under subdivision (6) of this subsection from carrying a concealed firearm within any of the
30 areas described in this subdivision. Possession of a firearm in a vehicle on the premises of
31 any of the areas listed in this subdivision shall not be a criminal of fense so long as the firearm
32 is not removed from the vehicle or brandished while the vehicle is on the premises;
33 (5) Any meeting of the governing body of a unit of local government, or any meeting
34 of the general assembly or a committee of the general assembly , except that nothing in this
35 subdivision shall preclude a member of the body holding a valid Missouri lifetime or
36 extended concealed carry permit from carrying a concealed firearm at a meeting of the body
37 which he or she is a member . Possession of a firearm in a vehicle on the premises shall not be
38 a criminal of fense so long as the firearm is not removed from the vehicle or brandished while
39 the vehicle is on the premises. Nothing in this subdivision shall preclude a member of the
40 general assembly , a full-time employee of the general assembly employed under Section 17,
41 Article III, Constitution of Missouri, legislative employees of the general assembly as
42 determined under section 21.155, or statewide elected of ficials and their employees, holding a
43 valid Missouri lifetime or extended concealed carry permit, from carrying a concealed firearm
44 in the state capitol building or at a meeting whether of the full body of a house of the general
45 assembly or a committee thereof, that is held in the state capitol building;
46 (6) The general assembly , supreme court, county , or municipality may by rule,
47 administrative regulation, or ordinance prohibit or limit the carrying of concealed firearms by
48 permit holders in that portion of a building owned, leased, or controlled by that unit of
49 government. Any portion of a building in which the carrying of concealed firearms is
50 prohibited or limited shall be clearly identified by signs posted at the entrance to the restricted
51 area. The statute, rule, or ordinance shall exempt any building used for public housing by
52 private persons, highways or rest areas, firing ranges, and private dwellings owned, leased, or
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53 controlled by that unit of government from any restriction on the carrying or possession of a
54 firearm. The statute, rule, or ordinance shall not specify any criminal penalty for its violation
55 but may specify that persons violating the statute, rule, or ordinance may be denied entrance
56 to the building, ordered to leave the building and if employees of the unit of government, be
57 subjected to disciplinary measures for violation of the provisions of the statute, rule, or
58 ordinance. The provisions of this subdivision shall not apply to any other unit of government;
59 (7) Any establishment licensed to dispense intoxicating liquor for consumption on the
60 premises, which portion is primarily devoted to that purpose, without the consent of the
61 owner or manager . The provisions of this subdivision shall not apply to the licensee of said
62 establishment. The provisions of this subdivision shall not apply to any bona fide restaurant
63 open to the general public having dining facilities for not less than fifty persons and that
64 receives at least fifty-one percent of its gross annual income from the dining facilities by the
65 sale of food. This subdivision does not prohibit the possession of a firearm in a vehicle on the
66 premises of the establishment and shall not be a criminal offense so long as the firearm is not
67 removed from the vehicle or brandished while the vehicle is on the premises. Nothing in this
68 subdivision authorizes any individual who has been issued a Missouri lifetime or extended
69 concealed carry permit to possess any firearm while intoxicated;
70 (8) Any area of an airport to which access is controlled by the inspection of persons
71 and property . Possession of a firearm in a vehicle on the premises of the airport shall not be a
72 criminal of fense so long as the firearm is not removed from the vehicle or brandished while
73 the vehicle is on the premises;
74 (9) Any place where the carrying of a firearm is prohibited by federal law;
75 (10) Any higher education institution or elementary or secondary school facility
76 without the consent of the governing body of the higher education institution or a school
77 of ficial or the district school board, unless the person with the Missouri lifetime or extended
78 concealed carry permit is a teacher or administrator of an elementary or secondary school
79 who has been designated by his or her school district as a school protection of ficer and is
80 carrying a firearm in a school within that district, in which case no consent is required.
81 Possession of a firearm in a vehicle on the premises of any higher education institution or
82 elementary or secondary school facility shall not be a criminal of fense so long as the firearm
83 is not removed from the vehicle or brandished while the vehicle is on the premises;
84 (1 1) Any portion of a building used as a child care facility without the consent of the
85 manager . Nothing in this subdivision shall prevent the operator of a child care facility in a
86 family home from owning or possessing a firearm or a Missouri lifetime or extended
87 concealed carry permit;
88 (12) Any riverboat gambling operation accessible by the public without the consent
89 of the owner or manager under rules promulgated by the gaming commission. Possession of
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90 a firearm in a vehicle on the premises of a riverboat gambling operation shall not be a
91 criminal of fense so long as the firearm is not removed from the vehicle or brandished while
92 the vehicle is on the premises;
93 (13) Any gated area of an amusement park. Possession of a firearm in a vehicle on
94 the premises of the amusement park shall not be a criminal of fense so long as the firearm is
95 not removed from the vehicle or brandished while the vehicle is on the premises;
96 (14) Any church or other place of religious worship without the consent of the
97 minister or person or persons representing the religious or ganization that exercises control
98 over the place of religious worship. Possession of a firearm in a vehicle on the premises shall
99 not be a criminal of fense so long as the firearm is not removed from the vehicle or brandished
100 while the vehicle is on the premises;
101 (15) Any private property whose owner has posted the premises as being of f-limits to
102 concealed firearms by means of one or more signs displayed in a conspicuous place of a
103 minimum size of eleven inches by fourteen inches with the writing thereon in letters of not
104 less than one inch. The owner , business or commercial lessee, manager of a private business
105 enterprise, or any other org anization, entity , or person may prohibit persons holding a
106 Missouri lifetime or extended concealed carry permit from carrying concealed firearms on the
107 premises and may prohibit employees, not authorized by the employer , holding a Missouri
108 lifetime or extended concealed carry permit from carrying concealed firearms on the property
109 of the employer . If the building or the premises are open to the public, the employer of the
110 business enterprise shall post signs on or about the premises if carrying a concealed firearm is
111 prohibited. Possession of a firearm in a vehicle on the premises shall not be a criminal
112 of fense so long as the firearm is not removed from the vehicle or brandished while the vehicle
113 is on the premises. An employer may prohibit employees or other persons holding a Missouri
114 lifetime or extended concealed carry permit from carrying a concealed firearm in vehicles
115 owned by the employer;
116 (16) Any sports arena or stadium with a seating capacity of five thousand or more.
117 Possession of a firearm in a vehicle on the premises shall not be a criminal of fense so long as
118 the firearm is not removed from the vehicle or brandished while the vehicle is on the
119 premises; or
120 (17) Any hospital accessible by the public. Possession of a firearm in a vehicle on the
121 premises of a hospital shall not be a criminal offense so long as the firearm is not removed
122 from the vehicle or brandished while the vehicle is on the premises.
123 2. Carrying of a concealed firearm in a location specified in subdivisions (1) to (17)
124 of subsection 1 of this section by any individual who holds a Missouri lifetime or extended
125 concealed carry permit shall not be a criminal act but may subject the person to denial to the
126 premises or removal from the premises. If such person refuses to leave the premises and a
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127 peace of ficer is summoned, such person may be issued a citation for an amount not to exceed
128 one hundred dollars for the first of fense. If a second citation for a similar violation occurs
129 within a six-month period, such person shall be fined an amount not to exceed two hundred
130 dollars and his or her permit to carry concealed firearms shall be suspended for a period of
131 one year . If a third citation for a similar violation is issued within one year of the first
132 citation, such person shall be fined an amount not to exceed five hundred dollars and shall
133 have his or her Missouri lifetime or extended concealed carry permit revoked and such person
134 shall not be eligible for a Missouri lifetime or extended concealed carry permit or a concealed
135 carry permit issued under sections 571.101 to 571.121 for a period of three years. Upon
136 conviction of char ges arising from a citation issued under this subsection, the court shall
137 notify the sheriff of the county which issued the Missouri lifetime or extended concealed
138 carry permit. The sheriff shall suspend or revoke the Missouri lifetime or extended concealed
139 carry permit.
140 3. The prov isions of section 571.128 shall apply to any person carrying a fir earm
141 concealed on or about his or her person who is lawfully in possession of a valid Missouri
142 lifetime or extended concealed carry permit.
571.225. 1. Any person who has knowledge that another person, who was issued a
2 Missouri lifetime or extended concealed carry permit under sections 571.205 to 571.230,
3 never was or no longer is eligible for such permit under the criteria established in sections
4 571.205 to 571.230 may file a petition with the clerk of the small claims court to revoke that
5 person's Missouri lifetime or extended concealed carry permit. The petition shall be in a form
6 substantially similar to the petition for revocation of a Missouri lifetime or extended
7 concealed carry permit provided in this section. [ Appeal ] Revocation petition forms shall be
8 provided by the clerk of the small claims court free of char ge to any person:
9 SMALL CLAIMS COUR T
10 In the Circuit Court of ______, Missouri
11 ______, PLAINTIFF
12 )
13 )
14 vs. ) Case Number ______
15 )
16 )
17 ______, DEFENDANT ,
18 Lifetime or Extended Carry Permit Holder
19 ______, DEFENDANT ,
20 Sherif f of Issuance
21 PETITION FOR REVOCA TION OF A
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22 MISSOURI LIFETIME OR EXTENDED CONCEALED CARR Y
23 PERMIT
24 Plaintif f states to the court that the defendant, ______, has a Missouri
25 lifetime or extended concealed carry permit issued pursuant to sections
26 571.205 to 571.230, RSMo, and that the defendant's Missouri lifetime
27 or extended concealed carry permit should now be revoked because the
28 defendant either never was or no longer is eligible for such a permit
29 pursuant to the provisions of sections 571.205 to 571.230, RSMo,
30 specifically plaintif f states that defendant, ______, never was or no
31 longer is eligible for such permit or endorsement for one or more of the
32 following reasons:
33 (CHECK BELOW EACH REASON THA T APPLIES T O THIS
34 DEFENDANT)
35 Defendant is not at least [ nineteen years of age or at least ] eighteen
36 years of age [ and a member of the United States Armed Forces or
37 honorably dischar ged from the United States Armed Forces ].
38 Defendant is not a citizen or permanent resident of the United
39 States.
40 Defendant had not resided in this state prior to issuance of the
41 permit or is not a current resident of this state.
42 Defendant has pled guilty to or been convicted of a crime
43 punishable by imprisonment for a term exceeding [ two years ] one
44 year under the laws of any state or of the United States other than a
45 crime classified as a misdemeanor under the laws of any state and
46 punishable by a term of imprisonment of [ one year ] two years or
47 less that does not involve an explosive weapon, firearm, firearm
48 silencer , or gas gun.
49 Defendant has been convicted of, pled guilty to or entered a plea of
50 nolo contendere to one or more misdemeanor of fenses involving
51 crimes of violence within a five-year period immediately
52 preceding application for a Missouri lifetime or extended
53 concealed carry permit issued pursuant to sections 571.205 to
54 571.230, RSMo, or the defendant has been convicted of two or
55 more misdemeanor of fenses involving driving while under the
56 influence of intoxicating liquor or drugs or the possession or abuse
57 of a controlled substance within a five-year period immediately
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58 preceding application for a concealed carry permit issued pursuant
59 to sections 571.205 to 571.230, RSMo.
60 Defendant is a fugitive from justice or currently charg ed in an
61 information or indictment with the commission of a crime
62 punishable by imprisonment for a term exceeding one year under
63 the laws of any state of the United States other than a crime
64 classified as a misdemeanor under the laws of any state and
65 punishable by a term of imprisonment of two years or less that
66 does not involve an explosive weapon, firearm, firearm silencer , or
67 gas gun.
68 Defendant has been dischar ged under dishonorable conditions
69 from the United States Armed Forces.
70 Defendant is reasonably believed by the sheriff to be a danger to
71 self or others based on previous, documented pattern.
72 Defendant is adjudged mentally incompetent at the time of
73 application or for five years prior to application, or has been
74 committed to a mental health facility , as defined in section
75 632.005, RSMo, or a similar institution located in another state,
76 except that a person whose release or discharg e from a facility in
77 this state pursuant to chapter 632, RSMo, or a similar dischar ge
78 from a facility in another state, occurred more than five years ago
79 without subsequent recommitment may apply .
80 Defendant failed to submit a completed application for a concealed
81 carry permit issued pursuant to sections 571.205 to 571.230,
82 RSMo.
83 Defendant failed to submit to or failed to clear the required
84 background check. (Note: This does not apply if the defendant has
85 submitted to a background check and been issued a provisional
86 permit pursuant to subdivision (2) of subsection 6 of section
87 571.205, RSMo, and the results of the background check are still
88 pending.)
89 Defendant failed to submit an affidavi t attesting that the applicant
90 complies with the concealed carry safety training requirement
91 pursuant to subsections 1 and 2 of section 571.1 1 1, RSMo.
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92 Defendant is otherwise disqualified from possessing a firearm
93 pursuant to 18 U.S.C. Section 922(g) or section 571.070, RSMo,
94 because ______ (specify reason):
95 The plaintif f subject to penalty for perjury states that the information
96 contained in this petition is true and correct to the best of the plaintif f's
97 knowledge, is reasonably based upon the petitioner's personal
98 knowledge and is not primarily intended to harass the defendant/
99 respondent named herein.
100 _______________, PLAINTIFF
101 2. If at the hearing the plaintif f shows that the defendant was not eligible for the
102 Missouri lifetime or extended concealed carry permit issued under sections 571.205 to
103 571.230 at the time of issuance or renewal or is no longer eligible for a Missouri lifetime or
104 extended concealed carry permit the court shall issue an appropriate order to cause the
105 revocation of the Missouri lifetime or extended concealed carry permit. Costs shall not be
106 assessed against the sheriff.
107 3. The finder of fact, in any action brought against a permit holder under subsection 1
108 of this section, shall make findings of fact and the court shall make conclusions of law
109 addressing the issues at dispute. If it is determined that the plaintif f in such an action acted
110 without justification or with malice or primarily with an intent to harass the permit holder or
111 that there was no reasonable basis to bring the action, the court shall order the plaintif f to pay
112 the defendant/respondent all reasonable costs incurred in defending the action including, but
113 not limited to, attorney's fees, deposition costs, and lost wages. Once the court determines
114 that the plaintif f is liable to the defendant/respondent for costs and fees, the extent and type of
115 fees and costs to be awarded should be liberally calculated in defendant/respondent's favor .
116 Notwithstanding any other provision of law , reasonable attorney's fees shall be presumed to
117 be at least one hundred fifty dollars per hour .
118 4. Any person aggrieved by any final judgment rendered by a small claims court in a
119 petition for revocation of a Missouri lifetime or extended concealed carry permit may have a
120 right to trial de novo as provided in sections 512.180 to 512.320.
121 5. The office of the county sheriff or any employee or agent of the county sheriff shall
122 not be liable for damages in any civil action arising from alleged wrongful or improper
123 granting, renewing, or failure to revoke a Missouri lifetime or extended concealed carry
124 permit issued under sections 571.205 to 571.230 so long as the sheriff acted in good faith.
577.703. 1. A person commits the of fense of bus hijacking if he or she seizes or
2 exercises control, by force or violence or threat of force or violence, of any bus. The of fense
3 of bus hijacking is a class B felony .
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4 2. The of fense of "assault with the intent to commit bus hijacking" is defined as an
5 intimidation, threat, assault or battery toward any driver , attendant or guard of a bus so as to
6 interfere with the performance of duties by such person. Assault to commit bus hijacking is a
7 class D felony .
8 3. Any person, who, in the commission of such intimidation, threat, assault or battery
9 with the intent to commit bus hijacking, employs a dangerous or deadly weapon or other
10 means capable of inflicting serious bodily injury shall, upon conviction, be guilty of a class A
11 felony .
12 4. Except as otherwise provi ded under section 571.128, any passenger who boards
13 a bus with a dangerous or deadly weapon or other means capable of inflicting serious bodily
14 injury concealed upon his or her person or ef fects is guilty of the felony of "possession and
15 concealment of a dangerous or deadly weapon" upon a bus. Possession and concealment of a
16 dangerous and deadly weapon by a passenger upon a bus is a class D felony . The provisions
17 of this subsection shall not apply to :
18 (1) Duly elected or appointed law enforcement of ficers or commercial security
19 personnel who are in possession of weapons used within the course and scope of their
20 employment; [ nor shall the provisions of this subsection apply to ]
21 (2) Persons who are in possession of weapons or other means of inflicting serious
22 bodily injury with the consent of the owner of such bus, his or her agent, or the lessee or
23 bailee of such bus ; or
24 (3) Persons carrying a concealed fir earm who lawfully possess a valid concealed
25 carry permit issued under sections 571.101 to 571.121 or sections 571.205 to 571.230, a
26 valid concealed carry endorsement issued prior to August 28, 2013, or a valid concealed
27 carry permit or endorsement issued by another state or a political subdivision of
28 another state .
577.712. 1. In order to provide for the safety , comfort, and well-being of passengers
2 and others having a bona fide business interest in any terminal, a bus transportation company
3 may refuse admission to terminals to any person not having bona fide business within the
4 terminal. Any such refusal shall not be inconsistent or contrary to state or federal laws,
5 regulations pursuant thereto, or to any ordinance of the political subdivision in which such
6 terminal is located. A duly authorized company representative may ask any person in a
7 terminal or on the premises of a terminal to identify himself or herself and state his or her
8 business. Failure to comply with such request or failure to state an acceptable business
9 purpose shall be grounds for the company representative to request that such person leave the
10 terminal. Refusal to comply with such request shall constitute disorderly conduct. Disorderly
11 conduct shall be a class C misdemeanor .
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12 2. Except as otherwise pro vided by section 571.128, it is unlawful for any person to
13 carry a deadly or dangerous weapon or any explosives or hazardous material into a terminal
14 or aboard a bus. Possession of a deadly or dangerous weapon, explosive or hazardous
15 material shall be a class D felony . Upon the discovery of any such item or material, the
16 company may obtain possession and retain custody of such item or material until it is
17 transferred to the custody of law enforcement of ficers.
✔
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