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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1345
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR COLEMAN.
4687S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 563.016, 563.031, 571.010, 571.020, 571.030, 571.101, 571.104, 571.107,
571.205, 571.210, 571.215, 577.703, and 577.712, RSMo, and to enact in lieu thereof
seventeen new sections relating to public safety, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 563.016, 563.031, 571.010, 571.020, 1
571.030, 571.101, 571.104, 571.107, 571.205, 571.210, 571.215, 2
577.703, and 577.712, RSMo, are repealed and seventeen new 3
sections enacted in lieu thereof, to be known as sections 4
290.148, 563.031, 563.085, 571.010, 571.020, 571.030, 571.069, 5
571.101, 571.104, 571.107, 571.108, 571.109, 571.205, 571.210, 6
571.215, 577.703, and 577.712, to read as follows:7
290.148. Notwithstanding any provision of law to the 1
contrary, no employer in this state shall discharge or 2
otherwise terminate the employment of any employee on the 3
basis of such employee having a firearm in the employee's 4
vehicle on the employer's property when the employee is 5
arriving to or leaving from the employer's property for 6
employment purposes or when the employee is conducting 7
activities within the course and scope of his or her 8
employment, provided that the employee's vehicle is locked, 9
the firearm is not visible, and the employee is not 10
prohibited from possessing a firearm by law. An employer 11
shall not be civilly liable for any injuries or damages 12
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resulting from the use of firearms that are stored in 13
compliance with this section. 14
563.031. 1. A person may, subject to the provisions 1
of subsection 2 of this section, use physical force upon 2
another person when and to the extent he or she reasonably 3
believes such force to be necessary to defend himself or 4
herself or a third person from what he or she reasonably 5
believes to be the use or imminent use of unlawful force by 6
such other person, unless: 7
(1) The actor was the initial aggressor; except that 8
in such case his or her use of force is nevertheless 9
justifiable provided: 10
(a) He or she has withdrawn from the encounter and 11
effectively communicated such withdrawal to such other 12
person but the latter persists in continuing the incident by 13
the use or threatened use of unlawful force; or 14
(b) He or she is a law enforcement officer and as such 15
is an aggressor pursuant to section 563.046; or 16
(c) The aggressor is justified under some other 17
provision of this chapter or other provision of law; 18
(2) Under the circumstances as the actor reasonably 19
believes them to be, the person whom he or she seeks to 20
protect would not be justified in using such protective 21
force; 22
(3) The actor was attempting to commit, committing, or 23
escaping after the commission of a forcible felony. 24
2. A person shall not use deadly force upon another 25
person under the circumstances specified in subsection 1 of 26
this section unless: 27
(1) He or she reasonably believes that such deadly 28
force is necessary to protect himself, or herself or her 29
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unborn child, or another against death, serious physical 30
injury, or any forcible felony; 31
(2) Such force is used against a person who unlawfully 32
enters, remains after unlawfully entering, or attempts to 33
unlawfully enter a dwelling, residence, place of employment, 34
or vehicle lawfully occupied by such person; or 35
(3) Such force is used against a person who unlawfully 36
enters, remains after unlawfully entering, or attempts to 37
unlawfully enter private property that is owned or leased by 38
an individual, or is occupied by an individual who has been 39
given specific authority by the property owner to occupy the 40
property, or is a retail establishment or other place of 41
business wherein an individual using such force has a right 42
to be, claiming a justification of using protective force 43
under this section. 44
3. A person does not have a duty to retreat: 45
(1) From a dwelling, residence, place of employment, 46
or vehicle where the person is not unlawfully entering or 47
unlawfully remaining; 48
(2) From private property that is owned or leased by 49
such individual; or 50
(3) If the person is in any other location such person 51
has the right to be. 52
4. The justification afforded by this section extends 53
to the use of physical restraint as protective force 54
provided that the actor takes all reasonable measures to 55
terminate the restraint as soon as it is reasonable to do so. 56
5. [The defendant shall have the burden of injecting 57
the issue of justification under this section. If a 58
defendant asserts that his or her use of force is described 59
under subdivision (2) of subsection 2 of this section, the 60
burden shall then be on the state to prove beyond a 61
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reasonable doubt that the defendant did not reasonably 62
believe that the use of such force was necessary to defend 63
against what he or she reasonably believed was the use or 64
imminent use of unlawful force] There shall be a presumption 65
of reasonableness under this section that the defendant 66
believed such force was necessary to defend himself or 67
herself or a third person from what he or she believed to be 68
the use or imminent use of unlawful force by another person. 69
563.085. 1. A person who uses or threatens to use 1
force pursuant to section 563.031 is justified in such 2
conduct and is immune from criminal prosecution and civil 3
action for the use or threatened use of such force by the 4
person, personal representative, or heirs of the person 5
against whom the force was used or threatened, unless the 6
person against whom force was used or threatened is a law 7
enforcement officer who was acting in the performance of his 8
or her official duties and the officer identified himself or 9
herself in accordance with any applicable law or the person 10
using or threatening to use force knew or reasonably should 11
have known that the person was a law enforcement officer. 12
As used in this subsection, the term "criminal prosecution" 13
includes arresting, detaining in custody, and charging or 14
prosecuting the defendant. 15
2. A law enforcement agency may use standard 16
procedures for investigating the use or threatened use of 17
force as described in subsection 1 of this section, but the 18
agency may not arrest the person for using or threatening to 19
use force unless the agency determines that there is 20
probable cause that the force that was used or threatened 21
was unlawful. 22
3. In a criminal prosecution or civil action, once a 23
prima facie claim of self-defense immunity has been raised 24
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by the defendant at a pretrial immunity hearing, the burden 25
of proof by clear and convincing evidence is on the party 26
seeking to overcome the immunity provided in subsection 1 of 27
this section. 28
571.010. As used in this chapter, the following terms 1
shall mean: 2
(1) "Antique, curio or relic firearm", any firearm so 3
defined by the National Gun Control Act, 18 U.S.C. Title 26, 4
Section 5845, and the United States Treasury/Bureau of 5
Alcohol Tobacco and Firearms, 27 CFR Section 178.11: 6
(a) "Antique firearm" is any firearm not designed or 7
redesigned for using rim fire or conventional center fire 8
ignition with fixed ammunition and manufactured in or before 9
1898, said ammunition not being manufactured any longer; 10
this includes any matchlock, wheel lock, flintlock, 11
percussion cap or similar type ignition system, or replica 12
thereof; 13
(b) "Curio or relic firearm" is any firearm deriving 14
value as a collectible weapon due to its unique design, 15
ignition system, operation or at least fifty years old, 16
associated with a historical event, renown personage or 17
major war; 18
(2) "Blackjack", any instrument that is designed or 19
adapted for the purpose of stunning or inflicting physical 20
injury by striking a person, and which is readily capable of 21
lethal use; 22
(3) "Blasting agent", any material or mixture, 23
consisting of fuel and oxidizer that is intended for 24
blasting, but not otherwise defined as an explosive under 25
this section, provided that the finished product, as mixed 26
for use of shipment, cannot be detonated by means of a 27
numbered 8 test blasting cap when unconfined; 28
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(4) "Concealable firearm", any firearm with a barrel 29
less than sixteen inches in length, measured from the face 30
of the bolt or standing breech; 31
(5) "Deface", to alter or destroy the manufacturer's 32
or importer's serial number or any other distinguishing 33
number or identification mark; 34
(6) "Detonator", any device containing a detonating 35
charge that is used for initiating detonation in an 36
explosive, including but not limited to, electric blasting 37
caps of instantaneous and delay types, nonelectric blasting 38
caps for use with safety fuse or shock tube and detonating 39
cord delay connectors; 40
(7) "Explosive weapon", any explosive, incendiary, or 41
poison gas bomb or similar device designed or adapted for 42
the purpose of inflicting death, serious physical injury, or 43
substantial property damage; or any device designed or 44
adapted for delivering or shooting such a weapon. For the 45
purposes of this subdivision, the term "explosive" shall 46
mean any chemical compound mixture or device, the primary or 47
common purpose of which is to function by explosion, 48
including but not limited to, dynamite and other high 49
explosives, pellet powder, initiating explosives, 50
detonators, safety fuses, squibs, detonating cords, igniter 51
cords, and igniters or blasting agents; 52
(8) "Firearm", any weapon that is designed or adapted 53
to expel a projectile by the action of an explosive; 54
(9) "Firearm silencer", any instrument, attachment, or 55
appliance that is designed or adapted to muffle the noise 56
made by the firing of any firearm; 57
(10) "Gas gun", any gas ejection device, weapon, 58
cartridge, container or contrivance other than a gas bomb 59
that is designed or adapted for the purpose of ejecting any 60
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poison gas that will cause death or serious physical injury, 61
but not any device that ejects a repellant or temporary 62
incapacitating substance; 63
(11) "Intoxicated", substantially impaired mental or 64
physical capacity resulting from introduction of any 65
substance into the body; 66
(12) "Knife", any dagger, dirk, stiletto, or bladed 67
hand instrument that is readily capable of inflicting 68
serious physical injury or death by cutting or stabbing a 69
person. For purposes of this chapter, knife does not 70
include any ordinary pocketknife with no blade more than 71
four inches in length; 72
(13) "Knuckles", any instrument that consists of 73
finger rings or guards made of a hard substance that is 74
designed or adapted for the purpose of inflicting serious 75
physical injury or death by striking a person with a fist 76
enclosed in the knuckles; 77
(14) "Machine gun", any firearm that is capable of 78
firing more than one shot automatically, without manual 79
reloading, by a single function of the trigger; 80
(15) "Projectile weapon", any bow, crossbow, pellet 81
gun, slingshot or other weapon that is not a firearm, which 82
is capable of expelling a projectile that could inflict 83
serious physical injury or death by striking or piercing a 84
person; 85
(16) "Rifle", any firearm designed [or adapted] to be 86
fired from the shoulder and to use the energy of the 87
explosive in a fixed metallic cartridge to fire a projectile 88
through a rifled bore by a single function of the trigger; 89
(17) "School", any charter school, as such term is 90
defined in section 160.400, any private school, as such term 91
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is defined in section 166.700, or any public school, as such 92
term is defined in section 160.011; 93
(18) "Short barrel", a barrel length of less than 94
sixteen inches for a rifle and eighteen inches for a 95
shotgun, both measured from the face of the bolt or standing 96
breech, or an overall rifle or shotgun length of less than 97
twenty-six inches; 98
(19) "Shotgun", any firearm designed or adapted to be 99
fired from the shoulder and to use the energy of the 100
explosive in a fixed shotgun shell to fire a number of shot 101
or a single projectile through a smooth bore barrel by a 102
single function of the trigger; 103
(20) "Spring gun", any fused, timed or nonmanually 104
controlled trap or device designed or adapted to set off an 105
explosion for the purpose of inflicting serious physical 106
injury or death; 107
(21) "Switchblade knife", any knife which has a blade 108
that folds or closes into the handle or sheath, and: 109
(a) That opens automatically by pressure applied to a 110
button or other device located on the handle; or 111
(b) That opens or releases from the handle or sheath 112
by the force of gravity or by the application of centrifugal 113
force. 114
571.020. 1. A person commits an offense if such 1
person knowingly possesses, manufactures, transports, 2
repairs, or sells: 3
(1) An explosive weapon; 4
(2) An explosive, incendiary or poison substance or 5
material with the purpose to possess, manufacture or sell an 6
explosive weapon; 7
(3) A gas gun; 8
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(4) A bullet or projectile which explodes or detonates 9
upon impact because of an independent explosive charge after 10
having been shot from a firearm; [or] 11
(5) [Knuckles; or 12
(6) Any of the following in violation of federal law: 13
(a)] A machine gun; 14
[(b)] (6) A short-barreled rifle or shotgun; 15
[(c)] (7) A firearm silencer; or 16
[(d)] (8) A switchblade knife. 17
2. A person does not commit an offense pursuant to 18
this section if his or her conduct involved any of the items 19
in subdivisions (1) to [(5)] (8) of subsection 1, the item 20
was possessed in conformity with any applicable federal law, 21
and the conduct: 22
(1) Was incident to the performance of official duty 23
by the Armed Forces, National Guard, a governmental law 24
enforcement agency, or a penal institution; or 25
(2) Was incident to engaging in a lawful commercial or 26
business transaction with an organization enumerated in 27
subdivision (1) of this [section] subsection; or 28
(3) Was incident to using an explosive weapon in a 29
manner reasonably related to a lawful industrial or 30
commercial enterprise; or 31
(4) Was incident to displaying the weapon in a public 32
museum or exhibition; or 33
(5) Was incident to using the weapon in a manner 34
reasonably related to a lawful dramatic performance; or 35
(6) Was lawful according to any state law. 36
3. An offense pursuant to subdivision (1), (2), (3) 37
[or], (5), (6), (7), or (8) of subsection 1 of this section 38
is a class D felony; a crime pursuant to subdivision (4) [or 39
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(5)] of subsection 1 of this section is a class A 40
misdemeanor. 41
571.030. 1. A person commits the offense of unlawful 1
use of weapons[, except as otherwise provided by sections 2
571.101 to 571.121,] if he or she knowingly: 3
(1) Carries concealed upon or about his or her person 4
a knife, a firearm, a blackjack or any other weapon readily 5
capable of lethal use [into any area where firearms are 6
restricted under section 571.107; or]: 7
(a) Into any public higher education institution or 8
public elementary or secondary school facility without the 9
consent of the governing body of the higher education 10
institution or a school official or the district school 11
board, unless the person is a teacher or administrator of an 12
elementary or secondary school who has been designated by 13
his or her school district as a school protection officer 14
and is carrying a firearm in a school within that district, 15
in which case no consent is required; 16
(b) Onto any school bus or onto the premises of any 17
function or activity sponsored or sanctioned by school 18
officials or the district school board, unless the weapon is 19
possessed by an adult to facilitate a school-sanctioned 20
firearm-related event or club event; 21
(c) Into any police, sheriff, or Missouri state 22
highway patrol office or station without the consent of the 23
chief law enforcement officer in charge of that office or 24
station; 25
(d) Into the facility of any adult or juvenile 26
detention or correctional institution, prison, or jail; 27
(e) Into any courthouse solely occupied by the 28
municipal, circuit, appellate, or supreme court, or any 29
courtrooms, administrative offices, libraries, or other 30
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rooms of any such court, regardless of whether such court 31
solely occupies the building in question. This paragraph 32
shall also include, but not be limited to, any juvenile, 33
family, drug, or other court offices, or any room or office 34
wherein any of the courts or offices listed under this 35
subdivision are temporarily conducting any business within 36
the jurisdiction of such courts or offices. Nothing in this 37
paragraph shall preclude those persons listed under 38
subdivision (1) of subsection 2 of this section while within 39
their jurisdiction and on duty; those persons listed under 40
subdivision (2), (4), or (10) of subsection 2 of this 41
section; or such other persons who serve in a law 42
enforcement capacity for a court as may be specified by 43
supreme court rule from carrying a concealed firearm within 44
any of the areas described under this paragraph; 45
(f) Into any meeting of the general assembly or a 46
committee of the general assembly; 47
(g) Into any area of an airport to which access is 48
controlled by the inspection of persons and property; 49
(h) Into any place where the carrying of a firearm is 50
prohibited by federal law; 51
(i) Onto any private property whose owner has posted 52
the premises as being off-limits to concealed firearms by 53
means of one or more signs displayed in a conspicuous place 54
of a minimum size of eleven inches by fourteen inches with 55
the writing thereon in letters of not less than one inch; or 56
(j) Into any sports arena or stadium with a seating 57
capacity of five thousand or more that is under the 58
management of or leased to a private entity, including a 59
professional sports team; or 60
(2) Sets a spring gun; or 61
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(3) Discharges or shoots a firearm into a dwelling 62
house, a railroad train, boat, aircraft, or motor vehicle as 63
defined in section 302.010, or any building or structure 64
used for the assembling of people; or 65
(4) Exhibits, in the presence of one or more persons, 66
any weapon readily capable of lethal use in an angry or 67
threatening manner; or 68
(5) Has a firearm or projectile weapon readily capable 69
of lethal use on his or her person, while he or she is 70
intoxicated, and handles or otherwise uses such firearm or 71
projectile weapon in either a negligent or unlawful manner 72
or discharges such firearm or projectile weapon unless 73
acting in self-defense; or 74
(6) Discharges a firearm within one hundred yards of 75
any occupied schoolhouse, courthouse, or church building; or 76
(7) Discharges or shoots a firearm at a mark, at any 77
object, or at random, on, along or across a public highway 78
or discharges or shoots a firearm into any outbuilding; or 79
(8) [Carries a firearm or any other weapon readily 80
capable of lethal use into any church or place where people 81
have assembled for worship, or into any election precinct on 82
any election day, or into any building owned or occupied by 83
any agency of the federal government, state government, or 84
political subdivision thereof; or 85
(9)] Discharges or shoots a firearm at or from a motor 86
vehicle, as defined in section 301.010, discharges or shoots 87
a firearm at any person, or at any other motor vehicle, or 88
at any building or habitable structure, unless the person 89
was lawfully acting in self-defense; or 90
[(10) Carries a firearm, whether loaded or unloaded, 91
or any other weapon readily capable of lethal use into any 92
school, onto any school bus, or onto the premises of any 93
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function or activity sponsored or sanctioned by school 94
officials or the district school board; or 95
(11)] (9) Possesses a firearm while also knowingly in 96
possession of a controlled substance that is sufficient for 97
a felony violation of section 579.015. 98
2. [Subdivisions (1), (8), and (10)] Paragraphs (a), 99
(b), (c), (d), (f), (i), and (j) of subdivision (1) of 100
subsection 1 of this section shall not apply to the persons 101
described in subdivision (1), (3), (6), or (7) of this 102
subsection, regardless of whether such uses are reasonably 103
associated with or are necessary to the fulfillment of such 104
person's official duties except as otherwise provided in 105
this subsection. Subdivisions (3), (4), (6), (7), and [(9)] 106
(8) of subsection 1 of this section shall not apply to or 107
affect any of the following persons, when such uses are 108
reasonably associated with or are necessary to the 109
fulfillment of such person's official duties, except as 110
otherwise provided in this subsection: 111
(1) All state, county and municipal peace officers who 112
have completed the training required by the police officer 113
standards and training commission pursuant to sections 114
590.030 to 590.050 and who possess the duty and power of 115
arrest for violation of the general criminal laws of the 116
state or for violation of ordinances of counties or 117
municipalities of the state, whether such officers are on or 118
off duty, and whether such officers are within or outside of 119
the law enforcement agency's jurisdiction, or all qualified 120
retired peace officers, as defined in subsection 12 of this 121
section, and who carry the identification defined in 122
subsection 13 of this section, or any person summoned by 123
such officers to assist in making arrests or preserving the 124
peace while actually engaged in assisting such officer; 125
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(2) Wardens, superintendents and keepers of prisons, 126
penitentiaries, jails and other institutions for the 127
detention of persons accused or convicted of crime; 128
(3) Members of the Armed Forces or National Guard 129
while performing their official duty; 130
(4) Those persons vested by Article V, Section 1 of 131
the Constitution of Missouri with the judicial power of the 132
state and those persons vested by Article III of the 133
Constitution of the United States with the judicial power of 134
the United States, the members of the federal judiciary; 135
(5) Any person whose bona fide duty is to execute 136
process, civil or criminal; 137
(6) Any federal probation officer or federal flight 138
deck officer as defined under the federal flight deck 139
officer program, 49 U.S.C. Section 44921, regardless of 140
whether such officers are on duty, or within the law 141
enforcement agency's jurisdiction; 142
(7) Any state probation or parole officer, including 143
supervisors and members of the parole board; 144
(8) Any corporate security advisor meeting the 145
definition and fulfilling the requirements of the 146
regulations established by the department of public safety 147
under section 590.750; 148
(9) Any coroner, deputy coroner, medical examiner, or 149
assistant medical examiner; 150
(10) Any municipal or county prosecuting attorney or 151
assistant prosecuting attorney; circuit attorney or 152
assistant circuit attorney; municipal, associate, or circuit 153
judge; or any person appointed by a court to be a special 154
prosecutor who has completed the firearms safety training 155
course required under subsection 2 of section 571.111; 156
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(11) Any member of a fire department or fire 157
protection district who is employed on a full-time basis as 158
a fire investigator and who has a valid concealed carry 159
endorsement issued prior to August 28, 2013, or a valid 160
concealed carry permit under section 571.111 when such uses 161
are reasonably associated with or are necessary to the 162
fulfillment of such person's official duties; and 163
(12) Upon the written approval of the governing body 164
of a fire department or fire protection district, any paid 165
fire department or fire protection district member who is 166
employed on a full-time basis and who has a valid concealed 167
carry endorsement issued prior to August 28, 2013, or a 168
valid concealed carry permit, when such uses are reasonably 169
associated with or are necessary to the fulfillment of such 170
person's official duties. 171
3. Subdivisions (1)[,] and (5)[, (8), and (10)] of 172
subsection 1 of this section do not apply when the actor is 173
transporting such weapons in a nonfunctioning state or in an 174
unloaded state when ammunition is not readily accessible or 175
when such weapons are not readily accessible. Subdivision 176
(1) of subsection 1 of this section does not apply to any 177
person nineteen years of age or older or eighteen years of 178
age or older and a member of the United States Armed Forces, 179
or honorably discharged from the United States Armed Forces, 180
transporting a concealable firearm in the passenger 181
compartment of a motor vehicle, so long as such concealable 182
firearm is otherwise lawfully possessed[, nor when the actor 183
is also in possession of an exposed firearm or projectile 184
weapon for the lawful pursuit of game, or is in his or her 185
dwelling unit or upon premises over which the actor has 186
possession, authority or control, or is traveling in a 187
continuous journey peaceably through this state. 188
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Subdivision (10) of subsection 1 of this section does not 189
apply if the firearm is otherwise lawfully possessed by a 190
person while traversing school premises for the purposes of 191
transporting a student to or from school, or possessed by an 192
adult for the purposes of facilitation of a school- 193
sanctioned firearm-related event or club event]. 194
4. [Subdivisions] Subdivision (1)[, (8), and (10)] of 195
subsection 1 of this section shall not apply to any person 196
who has a valid concealed carry permit issued pursuant to 197
sections 571.101 to 571.121, a valid lifetime or extended 198
concealed carry permit issued under sections 571.205 to 199
571.230, a valid concealed carry endorsement issued before 200
August 28, 2013, or a valid permit or endorsement to carry 201
concealed firearms issued by another state or political 202
subdivision of another state. 203
5. Subdivisions (3), (4), (5), (6), (7), and (8)[, 204
(9), and (10)] of subsection 1 of this section shall not 205
apply to persons who are engaged in a lawful act of defense 206
pursuant to section 563.031. 207
6. Notwithstanding any provision of this section to 208
the contrary, the state shall not prohibit any state 209
employee from having a firearm in the employee's vehicle on 210
the state's property provided that the vehicle is locked and 211
the firearm is not visible. This subsection shall only 212
apply to the state as an employer when the state employee's 213
vehicle is on property owned or leased by the state and the 214
state employee is conducting activities within the scope of 215
his or her employment. For the purposes of this subsection, 216
"state employee" means an employee of the executive, 217
legislative, or judicial branch of the government of the 218
state of Missouri. 219
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7. (1) Subdivision (10) of subsection 1 of this 220
section shall not apply to a person who is a school officer 221
commissioned by the district school board under section 222
162.215 or who is a school protection officer, as described 223
under section 160.665. 224
(2) Nothing in this section shall make it unlawful for 225
a student to actually participate in school-sanctioned gun 226
safety courses, student military or ROTC courses, or other 227
school-sponsored or club-sponsored firearm-related events, 228
provided the student does not carry a firearm or other 229
weapon readily capable of lethal use into any school, onto 230
any school bus, or onto the premises of any other function 231
or activity sponsored or sanctioned by school officials or 232
the district school board. 233
8. A person who commits the [crime] offense of 234
unlawful use of weapons under: 235
(1) Subdivision (2), (3), (4), or [(11)] (9) of 236
subsection 1 of this section shall be guilty of a class E 237
felony; 238
(2) Subdivision (1), (6), or (7)[, or (8)] of 239
subsection 1 of this section shall be guilty of a class [B] 240
D misdemeanor, except when a concealed weapon is carried 241
onto any private property whose owner has posted the 242
premises as being off-limits to concealed firearms by means 243
of one or more signs displayed in a conspicuous place of a 244
minimum size of eleven inches by fourteen inches with the 245
writing thereon in letters of not less than one inch, in 246
which case the [penalties of subsection 2 of section 571.107 247
shall apply] offense shall not be a criminal act but may 248
subject the person to denied access to or removal from the 249
premises. If such person refuses to leave the premises and 250
a peace officer is summoned, such person may be issued a 251
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citation for an amount not to exceed one hundred dollars for 252
the first offense. If a second citation for a similar 253
violation occurs within a six-month period, such person 254
shall be fined an amount not to exceed two hundred dollars. 255
If a third or subsequent citation for a similar violation is 256
issued within one year of the first citation, such person 257
shall be fined an amount not to exceed five hundred dollars; 258
(3) Subdivision (5) [or (10)] of subsection 1 of this 259
section shall be guilty of a class A misdemeanor if the 260
firearm is unloaded and a class E felony if the firearm is 261
loaded; 262
(4) Subdivision [(9)] (8) of subsection 1 of this 263
section shall be guilty of a class B felony, except that if 264
the violation of subdivision [(9)] (8) of subsection 1 of 265
this section results in injury or death to another person, 266
it is a class A felony. 267
9. Violations of subdivision [(9)] (8) of subsection 1 268
of this section shall be punished as follows: 269
(1) For the first violation a person shall be 270
sentenced to the maximum authorized term of imprisonment for 271
a class B felony; 272
(2) For any violation by a prior offender as defined 273
in section 558.016, a person shall be sentenced to the 274
maximum authorized term of imprisonment for a class B felony 275
without the possibility of parole, probation or conditional 276
release for a term of ten years; 277
(3) For any violation by a persistent offender as 278
defined in section 558.016, a person shall be sentenced to 279
the maximum authorized term of imprisonment for a class B 280
felony without the possibility of parole, probation, or 281
conditional release; 282
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(4) For any violation which results in injury or death 283
to another person, a person shall be sentenced to an 284
authorized disposition for a class A felony. 285
10. Any person knowingly aiding or abetting any other 286
person in the violation of subdivision [(9)] (8) of 287
subsection 1 of this section shall be subject to the same 288
penalty as that prescribed by this section for violations by 289
other persons. 290
11. Notwithstanding any other provision of law, no 291
person who pleads guilty to or is found guilty of a felony 292
violation of subsection 1 of this section shall receive a 293
suspended imposition of sentence if such person has 294
previously received a suspended imposition of sentence for 295
any other firearms- or weapons-related felony offense. 296
12. As used in this section "qualified retired peace 297
officer" means an individual who: 298
(1) Retired in good standing from service with a 299
public agency as a peace officer, other than for reasons of 300
mental instability; 301
(2) Before such retirement, was authorized by law to 302
engage in or supervise the prevention, detection, 303
investigation, or prosecution of, or the incarceration of 304
any person for, any violation of law, and had statutory 305
powers of arrest; 306
(3) Before such retirement, was regularly employed as 307
a peace officer for an aggregate of fifteen years or more, 308
or retired from service with such agency, after completing 309
any applicable probationary period of such service, due to a 310
service-connected disability, as determined by such agency; 311
(4) Has a nonforfeitable right to benefits under the 312
retirement plan of the agency if such a plan is available; 313
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(5) During the most recent twelve-month period, has 314
met, at the expense of the individual, the standards for 315
training and qualification for active peace officers to 316
carry firearms; 317
(6) Is not under the influence of alcohol or another 318
intoxicating or hallucinatory drug or substance; and 319
(7) Is not prohibited by federal law from receiving a 320
firearm. 321
13. The identification required by subdivision (1) of 322
subsection 2 of this section is: 323
(1) A photographic identification issued by the agency 324
from which the individual retired from service as a peace 325
officer that indicates that the individual has, not less 326
recently than one year before the date the individual is 327
carrying the concealed firearm, been tested or otherwise 328
found by the agency to meet the standards established by the 329
agency for training and qualification for active peace 330
officers to carry a firearm of the same type as the 331
concealed firearm; or 332
(2) A photographic identification issued by the agency 333
from which the individual retired from service as a peace 334
officer; and 335
(3) A certification issued by the state in which the 336
individual resides that indicates that the individual has, 337
not less recently than one year before the date the 338
individual is carrying the concealed firearm, been tested or 339
otherwise found by the state to meet the standards 340
established by the state for training and qualification for 341
active peace officers to carry a firearm of the same type as 342
the concealed firearm. 343
14. Notwithstanding any provision of this section or 344
any other law to the contrary, the offense of unlawful use 345
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of weapons under subdivision (1) of subsection 1 of this 346
section shall not include possession of a firearm in a 347
vehicle on any premises listed under paragraphs (a) to (j) 348
of subdivision (1) of subsection 1 of this section, except 349
if prohibited by federal law, so long as the firearm is not 350
removed from the vehicle or brandished while the vehicle is 351
in or on the listed premises. 352
571.069. 1. Any business that elects to prohibit the 1
possession of firearms or other weapons on its premises by 2
posting a sign described under section 571.107 or by another 3
method authorized under this chapter shall assume custodial 4
responsibility for the safety and defense of any person who 5
is authorized to carry firearms or other arms under this 6
chapter while the person is on the premises of the 7
business. The provisions of this section shall not apply to 8
private property not used for commercial purposes or private 9
residences of any type. As used in this section, "business" 10
means any business that sells or provides goods or services 11
to the general public whose annual gross volume sales made 12
or business done is more than five hundred thousand dollars. 13
2. Notwithstanding any other provision of law to the 14
contrary, the requirement to ensure the safety and defense 15
of persons under subsection 1 of this section shall include 16
a mandatory and explicit duty to guard persons authorized to 17
carry firearms or other arms under this chapter against 18
criminal or harmful acts, as such terms are defined in 19
section 537.785, of a third party including, but not limited 20
to, trespassers, employees, customers, or other invitees of 21
the business. The requirement to ensure safety and defense 22
shall also include a duty to guard persons authorized to 23
carry firearms or other arms against vicious animals and 24
wild animals. The duty to guard such persons under this 25
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section shall apply only to the defense against conduct that 26
could reasonably have been prevented by the use of arms in 27
lawful self-defense. If a business restricts the possession 28
of firearms or other arms, such business shall post, 29
together with the sign required under section 571.107, 30
notice stating that persons authorized to carry firearms or 31
other arms under this chapter are under the custodial 32
responsibility of the business. 33
3. If a person authorized to carry firearms or other 34
arms under this chapter is injured, suffers bodily injury or 35
death, incurs economic loss or expense, or suffers property 36
damage as a result of a business breaching the duty to 37
defend such person, the person shall have a cause of action 38
against the business prohibiting the possession of firearms 39
or other arms under this chapter. 40
4. The standard of proof for any action under this 41
section shall require a plaintiff to show by a preponderance 42
of the evidence that: 43
(1) The plaintiff was authorized to carry firearms or 44
other arms under this chapter; 45
(2) The plaintiff was lawfully prohibited from 46
carrying firearms or other arms by reason of a sign 47
voluntarily posted by a business under section 571.107; 48
(3) The business was not required to prohibit firearms 49
or other arms under state or federal law or by a rule or 50
policy enacted by a political subdivision or the state 51
contracting with such business entity; and 52
(4) The business's prohibition of carrying firearms or 53
other arms was the proximate cause of the damages, loss, or 54
injury suffered by the plaintiff. 55
5. If a plaintiff prevails in an action brought under 56
this section, the plaintiff shall be entitled to actual 57
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damages sustained as a result of the failure of the business 58
to guard against criminal and harmful acts, and shall also 59
be entitled to recover reasonable attorney's fees, expert 60
witness costs, and court costs. 61
6. An action under this section shall be brought 62
within two years from the date on which the damages, loss, 63
or injury occurred. 64
7. Any business electing to allow invitees, employees, 65
or other guests to lawfully possess firearms or other lawful 66
weapons on its premises as authorized under section 571.107, 67
or other provisions of this chapter, shall not be held 68
liable for any bodily injury or death, economic loss or 69
expense, property damage, emotional distress, or other 70
injury any person suffers while such person is on the 71
premises of the business unless the business, or an owner or 72
agent thereof, acted purposely, in committing or assisting 73
in committing the act that caused such injury. 74
571.101. 1. All applicants for concealed carry 1
permits issued pursuant to subsection 7 of this section must 2
satisfy the requirements of sections 571.101 to 571.121. If 3
the said applicant can show qualification as provided by 4
sections 571.101 to 571.121, the county or city sheriff 5
shall issue a concealed carry permit authorizing the 6
carrying of a concealed firearm on or about the applicant's 7
person or within a vehicle. A concealed carry permit shall 8
be valid from the date of issuance or renewal until five 9
years from the last day of the month in which the permit was 10
issued or renewed, unless the permit expires during a 11
declared state of emergency as provided in chapter 44, then 12
the concealed carry permit shall be valid until the order 13
has been rescinded. The concealed carry permit is valid 14
throughout this state. Although the permit is considered 15
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valid in the state, a person who fails to renew his or her 16
permit within five years from the date of issuance or 17
renewal shall not be eligible for an exception to a National 18
Instant Criminal Background Check under federal regulations 19
currently codified under 27 CFR 478.102(d), relating to the 20
transfer, sale, or delivery of firearms from licensed 21
dealers. A concealed carry endorsement issued prior to 22
August 28, 2013, shall continue from the date of issuance or 23
renewal until three years from the last day of the month in 24
which the endorsement was issued or renewed to authorize the 25
carrying of a concealed firearm on or about the applicant's 26
person or within a vehicle in the same manner as a concealed 27
carry permit issued under subsection 7 of this section on or 28
after August 28, 2013. 29
2. A concealed carry permit issued pursuant to 30
subsection 7 of this section shall be issued by [the] any 31
sheriff or his or her designee [of the county or city in 32
which the applicant resides] in this state, if the applicant: 33
(1) Is at least nineteen years of age, is a citizen or 34
permanent resident of the United States and either: 35
(a) Has assumed residency in this state; or 36
(b) Is a member of the Armed Forces stationed in 37
Missouri, or the spouse of such member of the military; 38
(2) Is at least nineteen years of age, or is at least 39
eighteen years of age and a member of the United States 40
Armed Forces or honorably discharged from the United States 41
Armed Forces, and is a citizen of the United States and 42
either: 43
(a) Has assumed residency in this state; 44
(b) Is a member of the Armed Forces stationed in 45
Missouri; or 46
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(c) The spouse of such member of the military 47
stationed in Missouri and nineteen years of age; 48
(3) Has not pled guilty to or entered a plea of nolo 49
contendere or been convicted of a crime punishable by 50
imprisonment for a term exceeding one year under the laws of 51
any state or of the United States other than a crime 52
classified as a misdemeanor under the laws of any state and 53
punishable by a term of imprisonment of two years or less 54
that does not involve an explosive weapon, firearm, firearm 55
silencer or gas gun; 56
(4) Has not been convicted of, pled guilty to or 57
entered a plea of nolo contendere to one or more misdemeanor 58
offenses involving crimes of violence within a five-year 59
period immediately preceding application for a concealed 60
carry permit or if the applicant has not been convicted of 61
two or more misdemeanor offenses involving driving while 62
under the influence of intoxicating liquor or drugs or the 63
possession or abuse of a controlled substance within a five- 64
year period immediately preceding application for a 65
concealed carry permit; 66
(5) Is not a fugitive from justice or currently 67
charged in an information or indictment with the commission 68
of a crime punishable by imprisonment for a term exceeding 69
one year under the laws of any state of the United States 70
other than a crime classified as a misdemeanor under the 71
laws of any state and punishable by a term of imprisonment 72
of two years or less that does not involve an explosive 73
weapon, firearm, firearm silencer, or gas gun; 74
(6) Has not been discharged under dishonorable 75
conditions from the United States Armed Forces; 76
(7) Has not engaged in a pattern of behavior, 77
documented in public or closed records, that causes the 78
SB 1345 26
sheriff to have a reasonable belief that the applicant 79
presents a danger to himself or others; 80
(8) Is not adjudged mentally incompetent at the time 81
of application or for five years prior to application, or 82
has not been committed to a mental health facility, as 83
defined in section 632.005, or a similar institution located 84
in another state following a hearing at which the defendant 85
was represented by counsel or a representative; 86
(9) Submits a completed application for a permit as 87
described in subsection 3 of this section; 88
(10) Submits an affidavit attesting that the applicant 89
complies with the concealed carry safety training 90
requirement pursuant to subsections 1 and 2 of section 91
571.111; 92
(11) Is not the respondent of a valid full order of 93
protection which is still in effect; 94
(12) Is not otherwise prohibited from possessing a 95
firearm under section 571.070 or 18 U.S.C. Section 922(g). 96
3. The application for a concealed carry permit issued 97
by the sheriff [of the county of the applicant's residence] 98
shall contain only the following information: 99
(1) The applicant's name, address, telephone number, 100
gender, date and place of birth, and, if the applicant is 101
not a United States citizen, the applicant's country of 102
citizenship and any alien or admission number issued by the 103
Federal Bureau of Customs and Immigration Enforcement or any 104
successor agency; 105
(2) An affirmation that the applicant has assumed 106
residency in Missouri or is a member of the Armed Forces 107
stationed in Missouri or the spouse of such a member of the 108
Armed Forces and is a citizen or permanent resident of the 109
United States; 110
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(3) An affirmation that the applicant is at least 111
nineteen years of age or is eighteen years of age or older 112
and a member of the United States Armed Forces or honorably 113
discharged from the United States Armed Forces; 114
(4) An affirmation that the applicant has not pled 115
guilty to or been convicted of a crime punishable by 116
imprisonment for a term exceeding one year under the laws of 117
any state or of the United States other than a crime 118
classified as a misdemeanor under the laws of any state and 119
punishable by a term of imprisonment of two years or less 120
that does not involve an explosive weapon, firearm, firearm 121
silencer, or gas gun; 122
(5) An affirmation that the applicant has not been 123
convicted of, pled guilty to, or entered a plea of nolo 124
contendere to one or more misdemeanor offenses involving 125
crimes of violence within a five-year period immediately 126
preceding application for a permit or if the applicant has 127
not been convicted of two or more misdemeanor offenses 128
involving driving while under the influence of intoxicating 129
liquor or drugs or the possession or abuse of a controlled 130
substance within a five-year period immediately preceding 131
application for a permit; 132
(6) An affirmation that the applicant is not a 133
fugitive from justice or currently charged in an information 134
or indictment with the commission of a crime punishable by 135
imprisonment for a term exceeding one year under the laws of 136
any state or of the United States other than a crime 137
classified as a misdemeanor under the laws of any state and 138
punishable by a term of imprisonment of two years or less 139
that does not involve an explosive weapon, firearm, firearm 140
silencer or gas gun; 141
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(7) An affirmation that the applicant has not been 142
discharged under dishonorable conditions from the United 143
States Armed Forces; 144
(8) An affirmation that the applicant is not adjudged 145
mentally incompetent at the time of application or for five 146
years prior to application, or has not been committed to a 147
mental health facility, as defined in section 632.005, or a 148
similar institution located in another state, except that a 149
person whose release or discharge from a facility in this 150
state pursuant to chapter 632, or a similar discharge from a 151
facility in another state, occurred more than five years ago 152
without subsequent recommitment may apply; 153
(9) An affirmation that the applicant has received 154
firearms safety training that meets the standards of 155
applicant firearms safety training defined in subsection 1 156
or 2 of section 571.111; 157
(10) An affirmation that the applicant, to the 158
applicant's best knowledge and belief, is not the respondent 159
of a valid full order of protection which is still in effect; 160
(11) A conspicuous warning that false statements made 161
by the applicant will result in prosecution for perjury 162
pursuant to the laws of the state of Missouri; and 163
(12) A government-issued photo identification. This 164
photograph shall not be included on the permit and shall 165
only be used to verify the person's identity for permit 166
renewal, or for the issuance of a new permit due to change 167
of address, or for a lost or destroyed permit. 168
4. [An application for a concealed carry permit shall 169
be made to the sheriff of the county or any city not within 170
a county in which the applicant resides.] An application 171
shall be filed in writing, signed under oath and under the 172
penalties of perjury, and shall state whether the applicant 173
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complies with each of the requirements specified in 174
subsection 2 of this section. In addition to the completed 175
application, the applicant for a concealed carry permit must 176
also submit the following: 177
(1) A photocopy of a firearms safety training 178
certificate of completion or other evidence of completion of 179
a firearms safety training course that meets the standards 180
established in subsection 1 or 2 of section 571.111; and 181
(2) A nonrefundable permit fee as provided by 182
subsection 11 or 12 of this section. 183
5. (1) Before an application for a concealed carry 184
permit is approved, the sheriff shall make only such 185
inquiries as he or she deems necessary into the accuracy of 186
the statements made in the application. The sheriff may 187
require that the applicant display a Missouri driver's 188
license or nondriver's license or military identification 189
and orders showing the person being stationed in Missouri. 190
In order to determine the applicant's suitability for a 191
concealed carry permit, the applicant shall be 192
fingerprinted. No other biometric data shall be collected 193
from the applicant. The sheriff shall conduct an inquiry of 194
the National Instant Criminal Background Check System within 195
three working days after submission of the properly 196
completed application for a concealed carry permit. If no 197
disqualifying record is identified by these checks at the 198
state level, the fingerprints shall be forwarded to the 199
Federal Bureau of Investigation for a national criminal 200
history record check. Upon receipt of the completed report 201
from the National Instant Criminal Background Check System 202
and the response from the Federal Bureau of Investigation 203
national criminal history record check, the sheriff shall 204
examine the results and, if no disqualifying information is 205
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identified, shall issue a concealed carry permit within 206
three working days. 207
(2) In the event the report from the National Instant 208
Criminal Background Check System and the response from the 209
Federal Bureau of Investigation national criminal history 210
record check prescribed by subdivision (1) of this 211
subsection are not completed within forty-five calendar days 212
and no disqualifying information concerning the applicant 213
has otherwise come to the sheriff's attention, the sheriff 214
shall issue a provisional permit, clearly designated on the 215
certificate as such, which the applicant shall sign in the 216
presence of the sheriff or the sheriff's designee. This 217
permit, when carried with a valid Missouri driver's or 218
nondriver's license or a valid military identification, 219
shall permit the applicant to exercise the same rights in 220
accordance with the same conditions as pertain to a 221
concealed carry permit issued under this section, provided 222
that it shall not serve as an alternative to an national 223
instant criminal background check required by 18 U.S.C. 224
Section 922(t). The provisional permit shall remain valid 225
until such time as the sheriff either issues or denies the 226
certificate of qualification under subsection 6 or 7 of this 227
section. The sheriff shall revoke a provisional permit 228
issued under this subsection within twenty-four hours of 229
receipt of any report that identifies a disqualifying 230
record, and shall notify the concealed carry permit system 231
established under subsection 5 of section 650.350. The 232
revocation of a provisional permit issued under this section 233
shall be proscribed in a manner consistent to the denial and 234
review of an application under subsection 6 of this section. 235
6. The sheriff may refuse to approve an application 236
for a concealed carry permit if he or she determines that 237
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any of the requirements specified in subsection 2 of this 238
section have not been met, or if he or she has a substantial 239
and demonstrable reason to believe that the applicant has 240
rendered a false statement regarding any of the provisions 241
of sections 571.101 to 571.121. If the applicant is found 242
to be ineligible, the sheriff is required to deny the 243
application, and notify the applicant in writing, stating 244
the grounds for denial and informing the applicant of the 245
right to submit, within thirty days, any additional 246
documentation relating to the grounds of the denial. Upon 247
receiving any additional documentation, the sheriff shall 248
reconsider his or her decision and inform the applicant 249
within thirty days of the result of the reconsideration. 250
The applicant shall further be informed in writing of the 251
right to appeal the denial pursuant to subsections 2, 3, 4, 252
and 5 of section 571.114. After two additional reviews and 253
denials by the sheriff, the person submitting the 254
application shall appeal the denial pursuant to subsections 255
2, 3, 4, and 5 of section 571.114. 256
7. If the application is approved, the sheriff shall 257
issue a concealed carry permit to the applicant within a 258
period not to exceed three working days after his or her 259
approval of the application. The applicant shall sign the 260
concealed carry permit in the presence of the sheriff or his 261
or her designee. 262
8. The concealed carry permit shall specify only the 263
following information: 264
(1) Name, address, date of birth, gender, height, 265
weight, color of hair, color of eyes, and signature of the 266
permit holder; 267
(2) The signature of the sheriff issuing the permit; 268
(3) The date of issuance; and 269
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(4) The expiration date. 270
The permit shall be no larger than two and one-eighth inches 271
wide by three and three-eighths inches long and shall be of 272
a uniform style prescribed by the department of public 273
safety. The permit shall also be assigned a concealed carry 274
permit system county code and shall be stored in sequential 275
number. 276
9. (1) The sheriff shall keep a record of all 277
applications for a concealed carry permit or a provisional 278
permit and his or her action thereon. Any record of an 279
application that is incomplete or denied for any reason 280
shall be kept for a period not to exceed one year. Any 281
record of an application that was approved shall be kept for 282
a period of one year after the expiration and nonrenewal of 283
the permit. 284
(2) The sheriff shall report the issuance of a 285
concealed carry permit or provisional permit to the 286
concealed carry permit system. All information on any such 287
permit that is protected information on any driver's or 288
nondriver's license shall have the same personal protection 289
for purposes of sections 571.101 to 571.121. An applicant's 290
status as a holder of a concealed carry permit, provisional 291
permit, or a concealed carry endorsement issued prior to 292
August 28, 2013, shall not be public information and shall 293
be considered personal protected information. Information 294
retained in the concealed carry permit system under this 295
subsection shall not be distributed to any federal, state, 296
or private entities and shall only be made available for a 297
single entry query of an individual in the event the 298
individual is a subject of interest in an active criminal 299
investigation or is arrested for a crime. A sheriff may 300
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access the concealed carry permit system for administrative 301
purposes to issue a permit, verify the accuracy of permit 302
holder information, change the name or address of a permit 303
holder, suspend or revoke a permit, cancel an expired 304
permit, or cancel a permit upon receipt of a certified death 305
certificate for the permit holder. Any person who violates 306
the provisions of this subdivision by disclosing protected 307
information shall be guilty of a class A misdemeanor. 308
10. Information regarding any holder of a concealed 309
carry permit, or a concealed carry endorsement issued prior 310
to August 28, 2013, is a closed record. No bulk download or 311
batch data shall be distributed to any federal, state, or 312
private entity, except to MoSMART or a designee thereof. 313
Any state agency that has retained any documents or records, 314
including fingerprint records provided by an applicant for a 315
concealed carry endorsement prior to August 28, 2013, shall 316
destroy such documents or records, upon successful issuance 317
of a permit. 318
11. For processing an application for a concealed 319
carry permit pursuant to sections 571.101 to 571.121, the 320
sheriff in each county shall charge a nonrefundable fee not 321
to exceed one hundred dollars which shall be paid to the 322
treasury of the county to the credit of the sheriff's 323
revolving fund. This fee shall include the cost to 324
reimburse the Missouri state highway patrol for the costs of 325
fingerprinting and criminal background checks. An 326
additional fee shall be added to each credit card, debit 327
card, or other electronic transaction equal to the charge 328
paid by the state or the applicant for the use of the credit 329
card, debit card, or other electronic payment method by the 330
applicant. 331
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12. For processing a renewal for a concealed carry 332
permit pursuant to sections 571.101 to 571.121, the sheriff 333
in each county shall charge a nonrefundable fee not to 334
exceed fifty dollars which shall be paid to the treasury of 335
the county to the credit of the sheriff's revolving fund. 336
13. For the purposes of sections 571.101 to 571.121, 337
the term "sheriff" shall include the sheriff of any county 338
or city not within a county or his or her designee and in 339
counties of the first classification the sheriff may 340
designate the chief of police of any city, town, or 341
municipality within such county. 342
14. For the purposes of this chapter, "concealed carry 343
permit" shall include any concealed carry endorsement issued 344
by the department of revenue before January 1, 2014, and any 345
concealed carry document issued by any sheriff or under the 346
authority of any sheriff after December 31, 2013. 347
571.104. 1. A concealed carry endorsement issued 1
prior to August 28, 2013, shall be suspended or revoked if 2
the concealed carry endorsement holder becomes ineligible 3
for such endorsement under the criteria established in 4
subdivisions (3), (4), (5), (8), and (11) of subsection 2 of 5
section 571.101 or upon the issuance of a valid full order 6
of protection. The following procedures shall be followed: 7
(1) When a valid full order of protection, or any 8
arrest warrant, discharge, or commitment for the reasons 9
listed in subdivision (3), (4), (5), (8), or (11) of 10
subsection 2 of section 571.101, is issued against a person 11
holding a concealed carry endorsement issued prior to August 12
28, 2013, upon notification of said order, warrant, 13
discharge or commitment or upon an order of a court of 14
competent jurisdiction in a criminal proceeding, a 15
commitment proceeding or a full order of protection 16
SB 1345 35
proceeding ruling that a person holding a concealed carry 17
endorsement presents a risk of harm to themselves or others, 18
then upon notification of such order, the holder of the 19
concealed carry endorsement shall surrender the driver's 20
license or nondriver's license containing the concealed 21
carry endorsement to the court, officer, or other official 22
serving the order, warrant, discharge, or commitment. The 23
official to whom the driver's license or nondriver's license 24
containing the concealed carry endorsement is surrendered 25
shall issue a receipt to the licensee for the license upon a 26
form, approved by the director of revenue, that serves as a 27
driver's license or a nondriver's license and clearly states 28
the concealed carry endorsement has been suspended. The 29
official shall then transmit the driver's license or a 30
nondriver's license containing the concealed carry 31
endorsement to the circuit court of the county issuing the 32
order, warrant, discharge, or commitment. The concealed 33
carry endorsement issued prior to August 28, 2013, shall be 34
suspended until the order is terminated or until the arrest 35
results in a dismissal of all charges. The official to whom 36
the endorsement is surrendered shall administratively 37
suspend the endorsement in the concealed carry permit system 38
established under subsection 5 of section 650.350 until such 39
time as the order is terminated or until the charges are 40
dismissed. Upon dismissal, the court holding the driver's 41
license or nondriver's license containing the concealed 42
carry endorsement shall return such license to the 43
individual, and the official to whom the endorsement was 44
surrendered shall administratively return the endorsement to 45
good standing within the concealed carry permit system. 46
(2) Any conviction, discharge, or commitment specified 47
in sections 571.101 to 571.121 shall result in a 48
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revocation. Upon conviction, the court shall forward a 49
notice of conviction or action and the driver's license or 50
nondriver's license with the concealed carry endorsement to 51
the department of revenue. The department of revenue shall 52
notify the sheriff of the county which issued the 53
certificate of qualification for a concealed carry 54
endorsement. The sheriff who issued the certificate of 55
qualification prior to August 28, 2013, shall report the 56
change in status of the endorsement to the concealed carry 57
permit system established under subsection 5 of section 58
650.350. The director of revenue shall immediately remove 59
the endorsement issued prior to August 28, 2013, from the 60
individual's driving record within three days of the receipt 61
of the notice from the court. The director of revenue shall 62
notify the licensee that he or she must apply for a new 63
license pursuant to chapter 302 which does not contain such 64
endorsement. This requirement does not affect the driving 65
privileges of the licensee. The notice issued by the 66
department of revenue shall be mailed to the last known 67
address shown on the individual's driving record. The 68
notice is deemed received three days after mailing. 69
2. A concealed carry permit issued pursuant to 70
sections 571.101 to 571.121 after August 28, 2013, shall be 71
suspended or revoked if the concealed carry permit holder 72
becomes ineligible for such permit or endorsement under the 73
criteria established in subdivisions (3), (4), (5), (8), and 74
(11) of subsection 2 of section 571.101 or upon the issuance 75
of a valid full order of protection. The following 76
procedures shall be followed: 77
(1) When a valid full order of protection or any 78
arrest warrant, discharge, or commitment for the reasons 79
listed in subdivision (3), (4), (5), (8), or (11) of 80
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subsection 2 of section 571.101 is issued against a person 81
holding a concealed carry permit, upon notification of said 82
order, warrant, discharge, or commitment or upon an order of 83
a court of competent jurisdiction in a criminal proceeding, 84
a commitment proceeding, or a full order of protection 85
proceeding ruling that a person holding a concealed carry 86
permit presents a risk of harm to themselves or others, then 87
upon notification of such order, the holder of the concealed 88
carry permit shall surrender the permit to the court, 89
officer, or other official serving the order, warrant, 90
discharge, or commitment. The permit shall be suspended 91
until the order is terminated or until the arrest results in 92
a dismissal of all charges. The official to whom the permit 93
is surrendered shall administratively suspend the permit in 94
the concealed carry permit system until the order is 95
terminated or the charges are dismissed. Upon dismissal, 96
the court holding the permit shall return such permit to the 97
individual and the official to whom the permit was 98
surrendered shall administratively return the permit to good 99
standing within the concealed carry permit system; 100
(2) Any conviction, discharge, or commitment specified 101
in sections 571.101 to 571.121 shall result in a 102
revocation. Upon conviction, the court shall forward a 103
notice of conviction or action and the permit to the issuing 104
county sheriff. The sheriff who issued the concealed carry 105
permit shall report the change in status of the concealed 106
carry permit to the concealed carry permit system. 107
3. A concealed carry permit shall be renewed for a 108
qualified applicant upon receipt of the properly completed 109
renewal application and the required renewal fee by the 110
issuing county sheriff [of the county of the applicant's 111
residence]. The renewal application shall contain the same 112
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required information as set forth in subsection 3 of section 113
571.101, except that in lieu of the fingerprint requirement 114
of subsection 5 of section 571.101 and the firearms safety 115
training, the applicant need only display his or her current 116
concealed carry permit. A name-based inquiry of the 117
National Instant Criminal Background Check System shall be 118
completed for each renewal application. The sheriff shall 119
review the results of the report from the National Instant 120
Criminal Background Check System, and when the sheriff has 121
determined the applicant has successfully completed all 122
renewal requirements and is not disqualified under any 123
provision of section 571.101, the sheriff shall issue a new 124
concealed carry permit which contains the date such permit 125
was renewed. The process for renewing a concealed carry 126
endorsement issued prior to August 28, 2013, shall be the 127
same as the process for renewing a permit, except that in 128
lieu of the fingerprint requirement of subsection 5 of 129
section 571.101 and the firearms safety training, the 130
applicant need only display his or her current driver's 131
license or nondriver's license containing an endorsement. 132
Upon successful completion of all renewal requirements, the 133
sheriff shall issue a new concealed carry permit as provided 134
under this subsection. 135
4. A person who has been issued a concealed carry 136
permit, or a certificate of qualification for a concealed 137
carry endorsement prior to August 28, 2013, who fails to 138
file a renewal application for a concealed carry permit on 139
or before its expiration date must pay an additional late 140
fee of ten dollars per month for each month it is expired 141
for up to six months. After six months, the sheriff who 142
issued the expired concealed carry permit or certificate of 143
qualification shall notify the concealed carry permit system 144
SB 1345 39
that such permit is expired and cancelled. If the person 145
has a concealed carry endorsement issued prior to August 28, 146
2013, the sheriff who issued the certificate of 147
qualification for the endorsement shall notify the director 148
of revenue that such certificate is expired regardless of 149
whether the endorsement holder has applied for a concealed 150
carry permit under subsection 3 of this section. The 151
director of revenue shall immediately remove such 152
endorsement from the individual's driving record and notify 153
the individual that his or her driver's license or 154
nondriver's license has expired. The notice shall be 155
conducted in the same manner as described in subsection 1 of 156
this section. Any person who has been issued a concealed 157
carry permit pursuant to sections 571.101 to 571.121, or a 158
concealed carry endorsement issued prior to August 28, 2013, 159
who fails to renew his or her application within the six- 160
month period must reapply for a new concealed carry permit 161
and pay the fee for a new application. 162
5. [Any person issued a concealed carry permit 163
pursuant to sections 571.101 to 571.121, or a concealed 164
carry endorsement issued prior to August 28, 2013, shall 165
notify the sheriff of the new jurisdiction of the permit or 166
endorsement holder's change of residence within thirty days 167
after the changing of a permanent residence to a location 168
outside the county of permit issuance. The permit or 169
endorsement holder shall furnish proof to the sheriff in the 170
new jurisdiction that the permit or endorsement holder has 171
changed his or her residence. The sheriff in the new 172
jurisdiction shall notify the sheriff in the old 173
jurisdiction of the permit holder's change of address and 174
the sheriff in the old jurisdiction shall transfer any 175
information on file for the permit holder to the sheriff in 176
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the new jurisdiction within thirty days. The sheriff of the 177
new jurisdiction may charge a processing fee of not more 178
than ten dollars for any costs associated with notification 179
of a change in residence. The sheriff shall report the 180
residence change to the concealed carry permit system, take 181
possession and destroy the old permit, and then issue a new 182
permit to the permit holder. The new address shall be 183
accessible by the concealed carry permit system within three 184
days of receipt of the information. If the person has a 185
concealed carry endorsement issued prior to August 28, 2013, 186
the endorsement holder shall also furnish proof to the 187
department of revenue of his or her residence change. In 188
such cases, the change of residence shall be made by the 189
department of revenue onto the individual's driving record. 190
6.] Any person issued a concealed carry permit 191
pursuant to sections 571.101 to 571.121, or a concealed 192
carry endorsement issued prior to August 28, 2013, shall 193
notify the issuing sheriff or his or her designee [of the 194
permit or endorsement holder's county or city of residence] 195
within seven days after actual knowledge of the loss or 196
destruction of his or her permit or driver's license or 197
nondriver's license containing a concealed carry 198
endorsement. The permit or endorsement holder shall furnish 199
a statement to the sheriff that the permit or driver's 200
license or nondriver's license containing the concealed 201
carry endorsement has been lost or destroyed. After 202
notification of the loss or destruction of a permit or 203
driver's license or nondriver's license containing a 204
concealed carry endorsement, the sheriff may charge a 205
processing fee of ten dollars for costs associated with 206
replacing a lost or destroyed permit or driver's license or 207
nondriver's license containing a concealed carry endorsement 208
SB 1345 41
and shall reissue a new concealed carry permit within three 209
working days of being notified by the concealed carry permit 210
or endorsement holder of its loss or destruction. The new 211
concealed carry permit shall contain the same personal 212
information, including expiration date, as the original 213
concealed carry permit. 214
[7.] 6. If a person issued a concealed carry permit, 215
or endorsement issued prior to August 28, 2013, changes his 216
or her name, the person to whom the permit or endorsement 217
was issued shall obtain a corrected or new concealed carry 218
permit with a change of name from the sheriff who issued the 219
original concealed carry permit or the original certificate 220
of qualification for an endorsement upon the sheriff's 221
verification of the name change. The sheriff may charge a 222
processing fee of not more than ten dollars for any costs 223
associated with obtaining a corrected or new concealed carry 224
permit. The permit or endorsement holder shall furnish 225
proof of the name change to the sheriff within thirty days 226
of changing his or her name and display his or her concealed 227
carry permit or current driver's license or nondriver's 228
license containing a concealed carry endorsement. The 229
sheriff shall report the name change to the concealed carry 230
permit system, and the new name shall be accessible by the 231
concealed carry permit system within three days of receipt 232
of the information. 233
[8.] 7. The person with a concealed carry permit, or 234
endorsement issued prior to August 28, 2013, shall notify 235
the sheriff of a name [or address change] within thirty days 236
of the change. A concealed carry permit and, if applicable, 237
endorsement shall be automatically invalid after one hundred 238
eighty days if the permit or endorsement holder has changed 239
his or her name [or changed his or her residence] and not 240
SB 1345 42
notified the sheriff as required in subsections [5 and 7] 6 241
of this section. The sheriff shall assess a late penalty of 242
ten dollars per month for each month, up to six months and 243
not to exceed sixty dollars, for the failure to notify the 244
sheriff of the change of name [or address] within thirty 245
days. 246
[9.] 8. (1) As used in this subsection, the term 247
"active military member" means any person who is on active 248
duty in the United States Armed Forces, on active state 249
duty, on full-time National Guard duty under Title 32 of the 250
United States Code. 251
(2) Notwithstanding any provision of this section to 252
the contrary, if a concealed carry permit, or endorsement 253
issued prior to August 28, 2013, expires while the person 254
issued the permit or endorsement is an active military 255
member, the permit shall be renewed if the person completes 256
the renewal requirements under subsection 3 of this section 257
within two months of returning to Missouri after discharge 258
from such duty or recovery from such incapacitation. Once 259
the two-month period has expired, the provisions of 260
subsection 4 of this section shall apply except the 261
penalties shall begin to accrue upon the expiration of the 262
two-month period described in this subsection rather than on 263
the expiration date of the permit or endorsement. 264
(3) Beginning August 28, 2020, an active military 265
member may complete the renewal of his or her endorsement or 266
permit under subdivision (2) of this subsection by mail. To 267
renew an endorsement or permit by mail, an active military 268
member shall mail to the sheriff who issued his or her 269
permit a renewal application, a copy of his or her current 270
concealed carry permit, a military identification acceptable 271
for in-person renewal of permits, and the renewal fee. The 272
SB 1345 43
active military member may pick up the renewed permit in 273
person or may request the permit be mailed to a provided 274
address by certified mail. The sheriff may require the 275
active military member to pay the postage and insurance 276
costs associated with mailing the permit, but the costs 277
shall not exceed ten dollars. 278
571.107. 1. A concealed carry permit issued pursuant 1
to sections 571.101 to 571.121, a valid lifetime or extended 2
concealed carry permit issued under sections 571.205 to 3
571.230, a valid concealed carry endorsement issued prior to 4
August 28, 2013, or a concealed carry endorsement or permit 5
issued by another state or political subdivision of another 6
state shall authorize the person in whose name the permit or 7
endorsement is issued to carry concealed firearms on or 8
about his or her person or vehicle throughout the state. No 9
concealed carry permit issued pursuant to sections 571.101 10
to 571.121, valid lifetime or extended concealed carry 11
permit issued under sections 571.205 to 571.230, valid 12
concealed carry endorsement issued prior to August 28, 2013, 13
or a concealed carry endorsement or permit issued by another 14
state or political subdivision of another state shall 15
authorize any person to carry concealed firearms or knuckles 16
into: 17
(1) Any police, sheriff, or highway patrol office or 18
station without the consent of the chief law enforcement 19
officer in charge of that office or station[. Possession of 20
a firearm in a vehicle on the premises of the office or 21
station shall not be a criminal offense so long as the 22
firearm is not removed from the vehicle or brandished while 23
the vehicle is on the premises; 24
(2) Within twenty-five feet of any polling place on 25
any election day. Possession of a firearm in a vehicle on 26
SB 1345 44
the premises of the polling place shall not be a criminal 27
offense so long as the firearm is not removed from the 28
vehicle or brandished while the vehicle is on the premises]; 29
[(3)] (2) The facility of any adult or juvenile 30
detention or correctional institution, prison or jail[. 31
Possession of a firearm in a vehicle on the premises of any 32
adult, juvenile detention, or correctional institution, 33
prison or jail shall not be a criminal offense so long as 34
the firearm is not removed from the vehicle or brandished 35
while the vehicle is on the premises]; 36
[(4)] (3) Any courthouse solely occupied by the 37
municipal, circuit, appellate, or supreme court[,] or any 38
courtrooms, administrative offices, libraries, or other 39
rooms of any such court [whether or not] regardless of 40
whether such court solely occupies the building in question 41
unless the person has the consent of the presiding judge. 42
This subdivision shall also include, but not be limited to, 43
any juvenile, family, drug, or other court offices, any room 44
or office wherein any of the courts or offices listed in 45
this subdivision are temporarily conducting any business 46
within the jurisdiction of such courts or offices[, and such 47
other locations in such manner as may be specified by 48
supreme court rule pursuant to subdivision (6) of this 49
subsection]. Nothing in this subdivision shall preclude 50
those persons listed in subdivision (1) of subsection 2 of 51
section 571.030 while within their jurisdiction and on 52
duty[,] or those persons listed in subdivisions (2), (4), 53
and (10) of subsection 2 of section 571.030[, or such other 54
persons who serve in a law enforcement capacity for a court 55
as may be specified by supreme court rule pursuant to 56
subdivision (6) of this subsection] from carrying a 57
concealed firearm within any of the areas described in this 58
SB 1345 45
subdivision[. Possession of a firearm in a vehicle on the 59
premises of any of the areas listed in this subdivision 60
shall not be a criminal offense so long as the firearm is 61
not removed from the vehicle or brandished while the vehicle 62
is on the premises; 63
(5) Any meeting of the governing body of a unit of 64
local government; or any meeting of the general assembly or 65
a committee of the general assembly, except that nothing in 66
this subdivision shall preclude a member of the body holding 67
a valid concealed carry permit or endorsement from carrying 68
a concealed firearm at a meeting of the body which he or she 69
is a member. Possession of a firearm in a vehicle on the 70
premises shall not be a criminal offense so long as the 71
firearm is not removed from the vehicle or brandished while 72
the vehicle is on the premises. Nothing in this subdivision 73
shall preclude a member of the general assembly, a full-time 74
employee of the general assembly employed under Section 17, 75
Article III, Constitution of Missouri, legislative employees 76
of the general assembly as determined under section 21.155, 77
or statewide elected officials and their employees, holding 78
a valid concealed carry permit or endorsement, from carrying 79
a concealed firearm in the state capitol building or at a 80
meeting whether of the full body of a house of the general 81
assembly or a committee thereof, that is held in the state 82
capitol building; 83
(6) The general assembly, supreme court, county or 84
municipality may by rule, administrative regulation, or 85
ordinance prohibit or limit the carrying of concealed 86
firearms by permit or endorsement holders in that portion of 87
a building owned, leased or controlled by that unit of 88
government. Any portion of a building in which the carrying 89
of concealed firearms is prohibited or limited shall be 90
SB 1345 46
clearly identified by signs posted at the entrance to the 91
restricted area. The statute, rule or ordinance shall 92
exempt any building used for public housing by private 93
persons, highways or rest areas, firing ranges, and private 94
dwellings owned, leased, or controlled by that unit of 95
government from any restriction on the carrying or 96
possession of a firearm. The statute, rule or ordinance 97
shall not specify any criminal penalty for its violation but 98
may specify that persons violating the statute, rule or 99
ordinance may be denied entrance to the building, ordered to 100
leave the building and if employees of the unit of 101
government, be subjected to disciplinary measures for 102
violation of the provisions of the statute, rule or 103
ordinance. The provisions of this subdivision shall not 104
apply to any other unit of government; 105
(7) Any establishment licensed to dispense 106
intoxicating liquor for consumption on the premises, which 107
portion is primarily devoted to that purpose, without the 108
consent of the owner or manager. The provisions of this 109
subdivision shall not apply to the licensee of said 110
establishment. The provisions of this subdivision shall not 111
apply to any bona fide restaurant open to the general public 112
having dining facilities for not less than fifty persons and 113
that receives at least fifty-one percent of its gross annual 114
income from the dining facilities by the sale of food. This 115
subdivision does not prohibit the possession of a firearm in 116
a vehicle on the premises of the establishment and shall not 117
be a criminal offense so long as the firearm is not removed 118
from the vehicle or brandished while the vehicle is on the 119
premises. Nothing in this subdivision authorizes any 120
individual who has been issued a concealed carry permit or 121
endorsement to possess any firearm while intoxicated]; 122
SB 1345 47
[(8)] (4) Any area of an airport to which access is 123
controlled by the inspection of persons and property[. 124
Possession of a firearm in a vehicle on the premises of the 125
airport shall not be a criminal offense so long as the 126
firearm is not removed from the vehicle or brandished while 127
the vehicle is on the premises]; 128
[(9)] (5) Any place where the carrying of a firearm is 129
prohibited by federal law; 130
[(10)] (6) Any [higher education institution or] 131
public elementary or secondary school facility without the 132
consent of [the governing body of the higher education 133
institution or] a school official or the district school 134
board, unless the person with the concealed carry 135
endorsement or permit is a teacher or administrator of an 136
elementary or secondary school who has been designated by 137
his or her school district as a school protection officer 138
and is carrying a firearm in a school within that district, 139
in which case no consent is required[. Possession of a 140
firearm in a vehicle on the premises of any higher education 141
institution or elementary or secondary school facility shall 142
not be a criminal offense so long as the firearm is not 143
removed from the vehicle or brandished while the vehicle is 144
on the premises; 145
(11) Any portion of a building used as a child care 146
facility without the consent of the manager. Nothing in 147
this subdivision shall prevent the operator of a child care 148
facility in a family home from owning or possessing a 149
firearm or a concealed carry permit or endorsement; 150
(12) Any riverboat gambling operation accessible by 151
the public without the consent of the owner or manager 152
pursuant to rules promulgated by the gaming commission. 153
Possession of a firearm in a vehicle on the premises of a 154
SB 1345 48
riverboat gambling operation shall not be a criminal offense 155
so long as the firearm is not removed from the vehicle or 156
brandished while the vehicle is on the premises; 157
(13) Any gated area of an amusement park. Possession 158
of a firearm in a vehicle on the premises of the amusement 159
park shall not be a criminal offense so long as the firearm 160
is not removed from the vehicle or brandished while the 161
vehicle is on the premises; 162
(14) Any church or other place of religious worship 163
without the consent of the minister or person or persons 164
representing the religious organization that exercises 165
control over the place of religious worship. Possession of 166
a firearm in a vehicle on the premises shall not be a 167
criminal offense so long as the firearm is not removed from 168
the vehicle or brandished while the vehicle is on the 169
premises]; 170
[(15)] (7) Any private property whose owner has posted 171
the premises as being off-limits to concealed firearms by 172
means of one or more signs displayed in a conspicuous place 173
of a minimum size of eleven inches by fourteen inches with 174
the writing thereon in letters of not less than one inch. 175
The owner, business or commercial lessee, manager of a 176
private business enterprise, or any other organization, 177
entity, or person may prohibit persons holding a concealed 178
carry permit or endorsement from carrying concealed firearms 179
on the premises and may prohibit employees, not authorized 180
by the employer, holding a concealed carry permit or 181
endorsement from carrying concealed firearms on the property 182
of the employer. If the building or the premises are open 183
to the public, the employer of the business enterprise shall 184
post signs on or about the premises if carrying a concealed 185
firearm is prohibited. [Possession of a firearm in a 186
SB 1345 49
vehicle on the premises shall not be a criminal offense so 187
long as the firearm is not removed from the vehicle or 188
brandished while the vehicle is on the premises.] An 189
employer may prohibit employees or other persons holding a 190
concealed carry permit or endorsement from carrying a 191
concealed firearm in vehicles owned by the employer; or 192
[(16)] (8) Any sports arena or stadium with a seating 193
capacity of five thousand or more that is under the 194
management of or leased to a private entity, including a 195
professional sports team. [Possession of a firearm in a 196
vehicle on the premises shall not be a criminal offense so 197
long as the firearm is not removed from the vehicle or 198
brandished while the vehicle is on the premises; 199
(17) Any hospital accessible by the public. 200
Possession of a firearm in a vehicle on the premises of a 201
hospital shall not be a criminal offense so long as the 202
firearm is not removed from the vehicle or brandished while 203
the vehicle is on the premises.] 204
2. Carrying of a concealed firearm or knuckles in a 205
location specified in subdivisions (1) to [(17)] (8) of 206
subsection 1 of this section by any individual who holds a 207
concealed carry permit issued pursuant to sections 571.101 208
to 571.121, a valid lifetime or extended concealed carry 209
permit issued under sections 571.205 to 571.230, or a 210
concealed carry endorsement issued prior to August 28, 2013, 211
shall not be a criminal act but may subject the person to 212
denial to the premises or removal from the premises. If 213
such person refuses to leave the premises and a peace 214
officer is summoned, such person may be issued a citation 215
for an amount not to exceed one hundred dollars for the 216
first offense. If a second citation for a similar violation 217
occurs within a six-month period, such person shall be fined 218
SB 1345 50
an amount not to exceed two hundred dollars and his or her 219
concealed carry permit, [and] or, if applicable, his or her 220
endorsement to carry concealed firearms, shall be suspended 221
for a period of one year. If a third citation for a similar 222
violation is issued within one year of the first citation, 223
such person shall be fined an amount not to exceed five 224
hundred dollars and shall have his or her concealed carry 225
permit, [and] or, if applicable, his or her endorsement, 226
revoked and such person shall not be eligible for a 227
concealed carry permit for a period of three years. Upon 228
conviction of charges arising from a citation issued 229
pursuant to this subsection, the court shall notify the 230
sheriff of the county which issued the concealed carry 231
permit, or, if the person is a holder of a concealed carry 232
endorsement issued prior to August 28, 2013, the court shall 233
notify the sheriff of the county which issued the 234
certificate of qualification for a concealed carry 235
endorsement and the department of revenue. The sheriff 236
shall suspend or revoke the concealed carry permit or, if 237
applicable, the certificate of qualification for a concealed 238
carry endorsement. If the person holds an endorsement, the 239
department of revenue shall issue a notice of such 240
suspension or revocation of the concealed carry endorsement 241
and take action to remove the concealed carry endorsement 242
from the individual's driving record. The director of 243
revenue shall notify the licensee that he or she must apply 244
for a new license pursuant to chapter 302 which does not 245
contain such endorsement. The notice issued by the 246
department of revenue shall be mailed to the last known 247
address shown on the individual's driving record. The 248
notice is deemed received three days after mailing. 249
SB 1345 51
3. Notwithstanding any provision of subsection 1 of 250
this section or any other law to the contrary, the 251
provisions of this section shall not prohibit a person from 252
carrying a concealed firearm in a vehicle on any premises 253
listed under subdivisions (1) to (8) of subsection 1 of this 254
section, except if prohibited by federal law, so long as the 255
firearm is not removed from the vehicle or brandished while 256
the vehicle is in or on the listed premises. 257
571.108. Notwithstanding any other provision of law to 1
the contrary, neither the state nor any county, city, town, 2
village, municipality, or other political subdivision of 3
this state shall impose any rule, policy, ordinance, 4
contractual requirement, or agreement of any type that 5
prohibits any employee of such entity who holds a concealed 6
carry permit issued under sections 571.101 to 571.121, a 7
valid lifetime or extended concealed carry permit issued 8
under sections 571.205 to 571.230, a valid concealed carry 9
endorsement issued prior to August 28, 2013, or a concealed 10
carry endorsement or permit issued by another state or 11
political subdivision of another state from carrying a 12
concealed weapon in any area in which such person is 13
authorized to carry a concealed weapon under this chapter. 14
571.109. 1. Notwithstanding any provision of law to 1
the contrary, a public institution of higher education shall 2
be allowed to construct policies regarding concealed carry 3
permits or endorsements issued under sections 571.101 to 4
571.121, valid lifetime or extended concealed carry permits 5
issued under sections 571.205 to 571.230, valid concealed 6
carry endorsements issued prior to August 28, 2013, or 7
concealed carry endorsements or permits issued by another 8
state or political subdivision of another state, but such 9
policies shall not generally prohibit or have the effect of 10
SB 1345 52
generally prohibiting the carrying, chambering, or active 11
operation or storage of a concealed firearm on the campus of 12
such institution. 13
2. No institution of higher education shall impose any 14
contractual requirement or condition of employment upon any 15
employee, faculty member, or student that generally 16
prohibits or has the effect of generally prohibiting the 17
lawful possession or carry of firearms by such persons, nor 18
shall such institution impose any taxes, fees, or other 19
monetary charges as a condition for the lawful possession or 20
carry of firearms under the provisions of this chapter. 21
571.205. 1. Upon request and payment of the required 1
fee, the sheriff shall issue a concealed carry permit that 2
is valid through the state of Missouri for the lifetime of 3
the permit holder to a Missouri resident who meets the 4
requirements of sections 571.205 to 571.230, known as a 5
Missouri lifetime concealed carry permit. A person may also 6
request, and the sheriff shall issue upon payment of the 7
required fee, a concealed carry permit that is valid through 8
the state of Missouri for a period of either ten years or 9
twenty-five years from the date of issuance or renewal to a 10
Missouri resident who meets the requirements of sections 11
571.205 to 571.230, unless the permit expires during a 12
declared state of emergency as provided in chapter 44, then 13
the lifetime or extended concealed carry permit shall be 14
valid until the order has been rescinded. Such permit shall 15
be known as a Missouri extended concealed carry permit. A 16
person issued a Missouri lifetime or extended concealed 17
carry permit shall be required to comply with the provisions 18
of sections 571.205 to 571.230. If the applicant can show 19
qualification as provided by sections 571.205 to 571.230, 20
the sheriff shall issue a Missouri lifetime or extended 21
SB 1345 53
concealed carry permit authorizing the carrying of a 22
concealed firearm on or about the applicant's person or 23
within a vehicle. 24
2. A Missouri lifetime or extended concealed carry 25
permit shall be suspended if the permit holder becomes a 26
resident of another state. The permit may be reactivated 27
upon reestablishment of Missouri residency if the applicant 28
meets the requirements of sections 571.205 to 571.230, and 29
upon successful completion of a name-based inquiry of the 30
National Instant Background Check System. 31
3. A Missouri lifetime or extended concealed carry 32
permit shall be issued by [the] any sheriff or his or her 33
designee [of the county or city in which the applicant 34
resides,] if the applicant: 35
(1) Is at least nineteen years of age, is a citizen or 36
permanent resident of the United States and has assumed 37
residency in this state, or is at least eighteen years of 38
age and a member of the United States Armed Forces or 39
honorably discharged from the United States Armed Forces, 40
and is a citizen of the United States and has assumed 41
residency in this state; 42
(2) Has not pled guilty to or entered a plea of nolo 43
contendere or been convicted of a crime punishable by 44
imprisonment for a term exceeding one year under the laws of 45
any state or of the United States, other than a crime 46
classified as a misdemeanor under the laws of any state and 47
punishable by a term of imprisonment of two years or less 48
that does not involve an explosive weapon, firearm, firearm 49
silencer, or gas gun; 50
(3) Has not been convicted of, pled guilty to or 51
entered a plea of nolo contendere to one or more misdemeanor 52
offenses involving crimes of violence within a five-year 53
SB 1345 54
period immediately preceding application for a Missouri 54
lifetime or extended concealed carry permit or if the 55
applicant has not been convicted of two or more misdemeanor 56
offenses involving driving while under the influence of 57
intoxicating liquor or drugs or the possession or abuse of a 58
controlled substance within a five-year period immediately 59
preceding application for a Missouri lifetime or extended 60
concealed carry permit; 61
(4) Is not a fugitive from justice or currently 62
charged in an information or indictment with the commission 63
of a crime punishable by imprisonment for a term exceeding 64
one year under the laws of any state of the United States, 65
other than a crime classified as a misdemeanor under the 66
laws of any state and punishable by a term of imprisonment 67
of two years or less that does not involve an explosive 68
weapon, firearm, firearm silencer, or gas gun; 69
(5) Has not been discharged under dishonorable 70
conditions from the United States Armed Forces; 71
(6) Has not engaged in a pattern of behavior, 72
documented in public or closed records, that causes the 73
sheriff to have a reasonable belief that the applicant 74
presents a danger to himself or herself or others; 75
(7) Is not adjudged mentally incompetent at the time 76
of application or for five years prior to application, or 77
has not been committed to a mental health facility, as 78
defined in section 632.005, or a similar institution located 79
in another state following a hearing at which the defendant 80
was represented by counsel or a representative; 81
(8) Submits a completed application for a permit as 82
described in subsection 4 of this section; 83
SB 1345 55
(9) Submits an affidavit attesting that the applicant 84
complies with the concealed carry safety training 85
requirement under subsections 1 and 2 of section 571.111; 86
(10) Is not the respondent of a valid full order of 87
protection which is still in effect; 88
(11) Is not otherwise prohibited from possessing a 89
firearm under section 571.070 or 18 U.S.C. Section 922(g). 90
4. The application for a Missouri lifetime or extended 91
concealed carry permit issued by the sheriff [of the county 92
of the applicant's residence] shall contain only the 93
following information: 94
(1) The applicant's name, address, telephone number, 95
gender, date and place of birth, and, if the applicant is 96
not a United States citizen, the applicant's country of 97
citizenship and any alien or admission number issued by the 98
United States Immigration and Customs Enforcement or any 99
successor agency; 100
(2) An affirmation that the applicant has assumed 101
residency in Missouri and is a citizen or permanent resident 102
of the United States; 103
(3) An affirmation that the applicant is at least 104
nineteen years of age or is eighteen years of age or older 105
and a member of the United States Armed Forces or honorably 106
discharged from the United States Armed Forces; 107
(4) An affirmation that the applicant has not pled 108
guilty to or been convicted of a crime punishable by 109
imprisonment for a term exceeding one year under the laws of 110
any state or of the United States other than a crime 111
classified as a misdemeanor under the laws of any state and 112
punishable by a term of imprisonment of two years or less 113
that does not involve an explosive weapon, firearm, firearm 114
silencer, or gas gun; 115
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(5) An affirmation that the applicant has not been 116
convicted of, pled guilty to, or entered a plea of nolo 117
contendere to one or more misdemeanor offenses involving 118
crimes of violence within a five-year period immediately 119
preceding application for a permit or that the applicant has 120
not been convicted of two or more misdemeanor offenses 121
involving driving while under the influence of intoxicating 122
liquor or drugs or the possession or abuse of a controlled 123
substance within a five-year period immediately preceding 124
application for a permit; 125
(6) An affirmation that the applicant is not a 126
fugitive from justice or currently charged in an information 127
or indictment with the commission of a crime punishable by 128
imprisonment for a term exceeding one year under the laws of 129
any state or of the United States other than a crime 130
classified as a misdemeanor under the laws of any state and 131
punishable by a term of imprisonment of two years or less 132
that does not involve an explosive weapon, firearm, firearm 133
silencer, or gas gun; 134
(7) An affirmation that the applicant has not been 135
discharged under dishonorable conditions from the United 136
States Armed Forces; 137
(8) An affirmation that the applicant is not adjudged 138
mentally incompetent at the time of application or for five 139
years prior to application, or has not been committed to a 140
mental health facility, as defined in section 632.005, or a 141
similar institution located in another state, except that a 142
person whose release or discharge from a facility in this 143
state under chapter 632, or a similar discharge from a 144
facility in another state, occurred more than five years ago 145
without subsequent recommitment may apply; 146
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(9) An affirmation that the applicant has received 147
firearms safety training that meets the standards of 148
applicant firearms safety training defined in subsection 1 149
or 2 of section 571.111; 150
(10) An affirmation that the applicant, to the 151
applicant's best knowledge and belief, is not the respondent 152
of a valid full order of protection which is still in effect; 153
(11) A conspicuous warning that false statements made 154
by the applicant will result in prosecution for perjury 155
under the laws of the state of Missouri; and 156
(12) A government-issued photo identification. This 157
photograph shall not be included on the permit and shall 158
only be used to verify the person's identity for the 159
issuance of a new permit, issuance of a new permit due to 160
change of name or address, renewal of an extended permit, or 161
for a lost or destroyed permit, or reactivation under 162
subsection 2 of this section. 163
5. An application for a Missouri lifetime or extended 164
concealed carry permit shall be made to the sheriff [of the 165
county in which the applicant resides] in this state. An 166
application shall be filed in writing, signed under oath and 167
under the penalties of perjury, and shall state whether the 168
applicant complies with each of the requirements specified 169
in subsection 3 of this section. In addition to the 170
completed application, the applicant for a Missouri lifetime 171
or extended concealed carry permit shall also submit the 172
following: 173
(1) A photocopy of a firearms safety training 174
certificate of completion or other evidence of completion of 175
a firearms safety training course that meets the standards 176
established in subsection 1 or 2 of section 571.111; and 177
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(2) A nonrefundable permit fee as provided by 178
subsection 12 of this section. 179
6. (1) Before an application for a Missouri lifetime 180
or extended concealed carry permit is approved, the sheriff 181
shall make only such inquiries as he or she deems necessary 182
into the accuracy of the statements made in the 183
application. The sheriff may require that the applicant 184
display a Missouri driver's license or nondriver's license 185
or military identification. No biometric data shall be 186
collected from the applicant. The sheriff shall conduct an 187
inquiry of the National Instant Criminal Background Check 188
System within three working days after submission of the 189
properly completed application for a Missouri lifetime or 190
extended concealed carry permit. Upon receipt of the 191
completed report from the National Instant Criminal 192
Background Check System, the sheriff shall examine the 193
results and, if no disqualifying information is identified, 194
shall issue a Missouri lifetime or extended concealed carry 195
permit within three working days. 196
(2) In the event the report from the National Instant 197
Criminal Background Check System and the response from the 198
Federal Bureau of Investigation national criminal history 199
record check prescribed by subdivision (1) of this 200
subsection are not completed within forty-five calendar days 201
and no disqualifying information concerning the applicant 202
has otherwise come to the sheriff's attention, the sheriff 203
shall issue a provisional permit, clearly designated on the 204
certificate as such, which the applicant shall sign in the 205
presence of the sheriff or the sheriff's designee. This 206
permit, when carried with a valid Missouri driver's or 207
nondriver's license, shall permit the applicant to exercise 208
the same rights in accordance with the same conditions as 209
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pertain to a Missouri lifetime or extended concealed carry 210
permit issued under this section, provided that it shall not 211
serve as an alternative to a national instant criminal 212
background check required by 18 U.S.C. Section 922(t). The 213
provisional permit shall remain valid until such time as the 214
sheriff either issues or denies the permit under subsection 215
7 or 8 of this section. The sheriff shall revoke a 216
provisional permit issued under this subsection within 217
twenty-four hours of receipt of any report that identifies a 218
disqualifying record, and shall notify the concealed carry 219
permit system established under subsection 5 of section 220
650.350. The revocation of a provisional permit issued 221
under this section shall be prescribed in a manner 222
consistent to the denial and review of an application under 223
subsection 7 of this section. 224
7. The sheriff may refuse to approve an application 225
for a Missouri lifetime or extended concealed carry permit 226
if he or she determines that any of the requirements 227
specified in subsection 3 of this section have not been met, 228
or if he or she has a substantial and demonstrable reason to 229
believe that the applicant has rendered a false statement 230
regarding any of the provisions of sections 571.205 to 231
571.230. If the applicant is found to be ineligible, the 232
sheriff is required to deny the application, and notify the 233
applicant in writing, stating the grounds for denial and 234
informing the applicant of the right to submit, within 235
thirty days, any additional documentation relating to the 236
grounds of the denial. Upon receiving any additional 237
documentation, the sheriff shall reconsider his or her 238
decision and inform the applicant within thirty days of the 239
result of the reconsideration. The applicant shall further 240
be informed in writing of the right to appeal the denial 241
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under section 571.220. After two additional reviews and 242
denials by the sheriff, the person submitting the 243
application shall appeal the denial under section 571.220. 244
8. If the application is approved, the sheriff shall 245
issue a Missouri lifetime or extended concealed carry permit 246
to the applicant within a period not to exceed three working 247
days after his or her approval of the application. The 248
applicant shall sign the Missouri lifetime or extended 249
concealed carry permit in the presence of the sheriff or his 250
or her designee. 251
9. The Missouri lifetime or extended concealed carry 252
permit shall specify only the following information: 253
(1) Name, address, date of birth, gender, height, 254
weight, color of hair, color of eyes, and signature of the 255
permit holder; 256
(2) The signature of the sheriff issuing the permit; 257
(3) The date of issuance; 258
(4) A clear statement indicating that the permit is 259
only valid within the state of Missouri; and 260
(5) If the permit is a Missouri extended concealed 261
carry permit, the expiration date. 262
The permit shall be no larger than two and one-eighth inches 263
wide by three and three-eighths inches long and shall be of 264
a uniform style prescribed by the department of public 265
safety. The permit shall also be assigned a concealed carry 266
permit system county code and shall be stored in sequential 267
number. 268
10. (1) The sheriff shall keep a record of all 269
applications for a Missouri lifetime or extended concealed 270
carry permit or a provisional permit and his or her action 271
thereon. Any record of an application that is incomplete or 272
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denied for any reason shall be kept for a period not to 273
exceed one year. 274
(2) The sheriff shall report the issuance of a 275
Missouri lifetime or extended concealed carry permit or 276
provisional permit to the concealed carry permit system. 277
All information on any such permit that is protected 278
information on any driver's or nondriver's license shall 279
have the same personal protection for purposes of sections 280
571.205 to 571.230. An applicant's status as a holder of a 281
Missouri lifetime or extended concealed carry permit or 282
provisional permit shall not be public information and shall 283
be considered personal protected information. Information 284
retained in the concealed carry permit system under this 285
subsection shall not be distributed to any federal, state, 286
or private entities and shall only be made available for a 287
single entry query of an individual in the event the 288
individual is a subject of interest in an active criminal 289
investigation or is arrested for a crime. A sheriff may 290
access the concealed carry permit system for administrative 291
purposes to issue a permit, verify the accuracy of permit 292
holder information, change the name or address of a permit 293
holder, suspend or revoke a permit, cancel an expired 294
permit, or cancel a permit upon receipt of a certified death 295
certificate for the permit holder. Any person who violates 296
the provisions of this subdivision by disclosing protected 297
information shall be guilty of a class A misdemeanor. 298
11. Information regarding any holder of a Missouri 299
lifetime or extended concealed carry permit is a closed 300
record. No bulk download or batch data shall be distributed 301
to any federal, state, or private entity, except to MoSMART 302
or a designee thereof. 303
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12. For processing an application, the sheriff in each 304
county shall charge a nonrefundable fee not to exceed: 305
(1) Two hundred dollars for a new Missouri extended 306
concealed carry permit that is valid for ten years from the 307
date of issuance or renewal; 308
(2) Two hundred fifty dollars for a new Missouri 309
extended concealed carry permit that is valid for twenty- 310
five years from the date of issuance or renewal; 311
(3) Fifty dollars for a renewal of a Missouri extended 312
concealed carry permit; 313
(4) Five hundred dollars for a Missouri lifetime 314
concealed carry permit, 315
which shall be paid to the treasury of the county to the 316
credit of the sheriff's revolving fund. 317
571.210. 1. A Missouri lifetime or extended concealed 1
carry permit issued under sections 571.205 to 571.230 shall 2
be suspended or revoked if the Missouri lifetime or extended 3
concealed carry permit holder becomes ineligible for such 4
permit under the criteria established in subdivision (2), 5
(3), (4), (5), (7), or (10) of subsection 3 of section 6
571.205. The following procedures shall be followed: 7
(1) When a valid full order of protection or any 8
arrest warrant, discharge, or commitment for the reasons 9
listed in subdivision (2), (3), (4), (5), (7), or (10) of 10
subsection 3 of section 571.205 is issued against a person 11
holding a Missouri lifetime or extended concealed carry 12
permit, upon notification of said order, warrant, discharge, 13
or commitment or upon an order of a court of competent 14
jurisdiction in a criminal proceeding, a commitment 15
proceeding, or a full order of protection proceeding ruling 16
that a person holding a Missouri lifetime or extended 17
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concealed carry permit presents a risk of harm to themselves 18
or others, then upon notification of such order, the holder 19
of the Missouri lifetime or extended concealed carry permit 20
shall surrender the permit to the court, officer, or other 21
official serving the order, warrant, discharge, or 22
commitment. The permit shall be suspended until the order 23
is terminated or until the arrest results in a dismissal of 24
all charges. The official to whom the permit is surrendered 25
shall administratively suspend the permit in the concealed 26
carry permit system until the order is terminated or the 27
charges are dismissed. Upon dismissal, the court holding 28
the permit shall return such permit to the individual and 29
the official to whom the permit was surrendered shall 30
administratively return the permit to good standing within 31
the concealed carry permit system; 32
(2) Any conviction, discharge, or commitment specified 33
in sections 571.205 to 571.230 shall result in a 34
revocation. Upon conviction, the court shall forward a 35
notice of conviction or action and the permit to the issuing 36
county sheriff. The sheriff who issued the Missouri 37
lifetime or extended concealed carry permit shall report the 38
change in status of the concealed carry permit to the 39
concealed carry permit system. 40
2. A Missouri lifetime or extended concealed carry 41
permit shall be reactivated for a qualified applicant upon 42
receipt of the properly completed application by the issuing 43
sheriff [of the county of the applicant's residence] and in 44
accordance with subsection 2 of section 571.205. A name- 45
based inquiry of the National Instant Criminal Background 46
Check System shall be completed for each reactivation 47
application. The sheriff shall review the results of the 48
report from the National Instant Criminal Background Check 49
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System, and when the sheriff has determined the applicant 50
has successfully completed all reactivation requirements and 51
is not disqualified under any provision of section 571.205, 52
the sheriff shall issue a new Missouri lifetime or extended 53
concealed carry permit, which contains the date such permit 54
was reactivated. 55
3. Any person issued a Missouri lifetime or extended 56
concealed carry permit shall notify the sheriff or his or 57
her designee where the permit was issued within seven days 58
after actual knowledge of the loss or destruction of his or 59
her permit. The permit holder shall furnish a statement to 60
the sheriff that the permit has been lost or destroyed. 61
After notification of the loss or destruction of a permit, 62
the sheriff may charge a processing fee of ten dollars for 63
costs associated with replacing a lost or destroyed permit 64
and shall reissue a new Missouri lifetime or extended 65
concealed carry permit within three working days of being 66
notified by the permit holder of its loss or destruction. 67
The new Missouri lifetime or extended concealed carry permit 68
shall contain the same personal information as the original 69
concealed carry permit. 70
4. If a person issued a Missouri lifetime or extended 71
concealed carry permit changes his or her name, the person 72
to whom the permit was issued shall obtain a corrected or 73
new Missouri lifetime or extended concealed carry permit 74
with a change of name from the sheriff who issued the 75
Missouri lifetime or extended concealed carry permit or upon 76
the sheriff's verification of the name change. The sheriff 77
may charge a processing fee of not more than ten dollars for 78
any costs associated with obtaining a corrected or new 79
Missouri lifetime or extended concealed carry permit. The 80
permit holder shall furnish proof of the name change to the 81
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sheriff within thirty days of changing his or her name and 82
display his or her Missouri lifetime or extended concealed 83
carry permit. The sheriff shall report the name change to 84
the concealed carry permit system, and the new name shall be 85
accessible by the concealed carry permit system within three 86
days of receipt of the information. 87
5. [Any person issued a Missouri lifetime or extended 88
concealed carry permit shall notify the sheriff of the new 89
jurisdiction of the permit holder's change of residence 90
within thirty days after the changing of a permanent 91
residence to a location outside the county of permit 92
issuance. The permit holder shall furnish proof to the 93
sheriff in the new jurisdiction that the permit holder has 94
changed his or her residence. The sheriff shall report the 95
residence change to the concealed carry permit system, take 96
possession and destroy the old permit, and then issue a new 97
permit to the permit holder. The new address shall be 98
accessible by the concealed carry permit system within three 99
days of receipt of the information. 100
6.] A Missouri extended concealed carry permit shall 101
be renewed for a qualified applicant upon receipt of the 102
properly completed renewal application and payment of the 103
required fee. The renewal application shall contain the 104
same required information as set forth in subsection 3 of 105
section 571.205, except that in lieu of the firearms safety 106
training, the applicant need only display his or her current 107
Missouri extended concealed carry permit. A name-based 108
inquiry of the National Instant Criminal Background Check 109
System shall be completed for each renewal application. The 110
sheriff shall review the results of the report from the 111
National Instant Criminal Background Check System, and when 112
the sheriff has determined the applicant has successfully 113
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completed all renewal requirements and is not disqualified 114
under any provision of section 571.205, the sheriff shall 115
issue a new Missouri extended concealed carry permit which 116
contains the date such permit was renewed. Upon successful 117
completion of all renewal requirements, the sheriff shall 118
issue a new Missouri extended concealed carry permit as 119
provided under this subsection. 120
[7.] 6. A person who has been issued a Missouri 121
extended concealed carry permit who fails to file a renewal 122
application for a Missouri extended concealed carry permit 123
on or before its expiration date shall pay an additional 124
late fee of ten dollars per month for each month it is 125
expired for up to six months. After six months, the sheriff 126
who issued the expired Missouri extended concealed carry 127
permit shall notify the concealed carry permit system that 128
such permit is expired and cancelled. Any person who has 129
been issued a Missouri extended concealed carry permit under 130
sections 571.101 to 571.121 who fails to renew his or her 131
application within the six-month period shall reapply for a 132
concealed carry permit and pay the fee for a new application. 133
[8.] 7. The sheriff of the county that issued the 134
Missouri lifetime or extended concealed carry permit shall 135
conduct a name-based inquiry of the National Instant 136
Criminal Background Check System once every five years from 137
the date of issuance or renewal of the permit. The sheriff 138
shall review the results of the report from the National 139
Instant Criminal Background Check System. If the sheriff 140
determines the permit holder is disqualified under any 141
provision of section 571.205, the sheriff shall revoke the 142
Missouri lifetime or extended concealed carry permit and 143
shall report the revocation to the concealed carry permit 144
system. 145
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571.215. 1. A Missouri lifetime or extended concealed 1
carry permit issued under sections 571.205 to 571.230 shall 2
authorize the person in whose name the permit is issued to 3
carry concealed firearms on or about his or her person or 4
vehicle throughout the state. No Missouri lifetime or 5
extended concealed carry permit shall authorize any person 6
to carry concealed firearms into[: 7
(1) Any police, sheriff, or highway patrol office or 8
station without the consent of the chief law enforcement 9
officer in charge of that office or station. Possession of 10
a firearm in a vehicle on the premises of the office or 11
station shall not be a criminal offense so long as the 12
firearm is not removed from the vehicle or brandished while 13
the vehicle is on the premises; 14
(2) Within twenty-five feet of any polling place on 15
any election day. Possession of a firearm in a vehicle on 16
the premises of the polling place shall not be a criminal 17
offense so long as the firearm is not removed from the 18
vehicle or brandished while the vehicle is on the premises; 19
(3) The facility of any adult or juvenile detention or 20
correctional institution, prison or jail. Possession of a 21
firearm in a vehicle on the premises of any adult, juvenile 22
detention, or correctional institution, prison or jail shall 23
not be a criminal offense so long as the firearm is not 24
removed from the vehicle or brandished while the vehicle is 25
on the premises; 26
(4) Any courthouse solely occupied by the circuit, 27
appellate or supreme court, or any courtrooms, 28
administrative offices, libraries, or other rooms of any 29
such court whether or not such court solely occupies the 30
building in question. This subdivision shall also include, 31
but not be limited to, any juvenile, family, drug, or other 32
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court offices, any room or office wherein any of the courts 33
or offices listed in this subdivision are temporarily 34
conducting any business within the jurisdiction of such 35
courts or offices, and such other locations in such manner 36
as may be specified by supreme court rule under subdivision 37
(6) of this subsection. Nothing in this subdivision shall 38
preclude those persons listed in subdivision (1) of 39
subsection 2 of section 571.030 while within their 40
jurisdiction and on duty, those persons listed in 41
subdivisions (2), (4), and (10) of subsection 2 of section 42
571.030, or such other persons who serve in a law 43
enforcement capacity for a court as may be specified by 44
supreme court rule under subdivision (6) of this subsection 45
from carrying a concealed firearm within any of the areas 46
described in this subdivision. Possession of a firearm in a 47
vehicle on the premises of any of the areas listed in this 48
subdivision shall not be a criminal offense so long as the 49
firearm is not removed from the vehicle or brandished while 50
the vehicle is on the premises; 51
(5) Any meeting of the governing body of a unit of 52
local government, or any meeting of the general assembly or 53
a committee of the general assembly, except that nothing in 54
this subdivision shall preclude a member of the body holding 55
a valid Missouri lifetime or extended concealed carry permit 56
from carrying a concealed firearm at a meeting of the body 57
which he or she is a member. Possession of a firearm in a 58
vehicle on the premises shall not be a criminal offense so 59
long as the firearm is not removed from the vehicle or 60
brandished while the vehicle is on the premises. Nothing in 61
this subdivision shall preclude a member of the general 62
assembly, a full-time employee of the general assembly 63
employed under Section 17, Article III, Constitution of 64
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Missouri, legislative employees of the general assembly as 65
determined under section 21.155, or statewide elected 66
officials and their employees, holding a valid Missouri 67
lifetime or extended concealed carry permit, from carrying a 68
concealed firearm in the state capitol building or at a 69
meeting whether of the full body of a house of the general 70
assembly or a committee thereof, that is held in the state 71
capitol building; 72
(6) The general assembly, supreme court, county, or 73
municipality may by rule, administrative regulation, or 74
ordinance prohibit or limit the carrying of concealed 75
firearms by permit holders in that portion of a building 76
owned, leased, or controlled by that unit of government. 77
Any portion of a building in which the carrying of concealed 78
firearms is prohibited or limited shall be clearly 79
identified by signs posted at the entrance to the restricted 80
area. The statute, rule, or ordinance shall exempt any 81
building used for public housing by private persons, 82
highways or rest areas, firing ranges, and private dwellings 83
owned, leased, or controlled by that unit of government from 84
any restriction on the carrying or possession of a firearm. 85
The statute, rule, or ordinance shall not specify any 86
criminal penalty for its violation but may specify that 87
persons violating the statute, rule, or ordinance may be 88
denied entrance to the building, ordered to leave the 89
building and if employees of the unit of government, be 90
subjected to disciplinary measures for violation of the 91
provisions of the statute, rule, or ordinance. The 92
provisions of this subdivision shall not apply to any other 93
unit of government; 94
(7) Any establishment licensed to dispense 95
intoxicating liquor for consumption on the premises, which 96
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portion is primarily devoted to that purpose, without the 97
consent of the owner or manager. The provisions of this 98
subdivision shall not apply to the licensee of said 99
establishment. The provisions of this subdivision shall not 100
apply to any bona fide restaurant open to the general public 101
having dining facilities for not less than fifty persons and 102
that receives at least fifty-one percent of its gross annual 103
income from the dining facilities by the sale of food. This 104
subdivision does not prohibit the possession of a firearm in 105
a vehicle on the premises of the establishment and shall not 106
be a criminal offense so long as the firearm is not removed 107
from the vehicle or brandished while the vehicle is on the 108
premises. Nothing in this subdivision authorizes any 109
individual who has been issued a Missouri lifetime or 110
extended concealed carry permit to possess any firearm while 111
intoxicated; 112
(8) Any area of an airport to which access is 113
controlled by the inspection of persons and property. 114
Possession of a firearm in a vehicle on the premises of the 115
airport shall not be a criminal offense so long as the 116
firearm is not removed from the vehicle or brandished while 117
the vehicle is on the premises; 118
(9) Any place where the carrying of a firearm is 119
prohibited by federal law; 120
(10) Any higher education institution or elementary or 121
secondary school facility without the consent of the 122
governing body of the higher education institution or a 123
school official or the district school board, unless the 124
person with the Missouri lifetime or extended concealed 125
carry permit is a teacher or administrator of an elementary 126
or secondary school who has been designated by his or her 127
school district as a school protection officer and is 128
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carrying a firearm in a school within that district, in 129
which case no consent is required. Possession of a firearm 130
in a vehicle on the premises of any higher education 131
institution or elementary or secondary school facility shall 132
not be a criminal offense so long as the firearm is not 133
removed from the vehicle or brandished while the vehicle is 134
on the premises; 135
(11) Any portion of a building used as a child care 136
facility without the consent of the manager. Nothing in 137
this subdivision shall prevent the operator of a child care 138
facility in a family home from owning or possessing a 139
firearm or a Missouri lifetime or extended concealed carry 140
permit; 141
(12) Any riverboat gambling operation accessible by 142
the public without the consent of the owner or manager under 143
rules promulgated by the gaming commission. Possession of a 144
firearm in a vehicle on the premises of a riverboat gambling 145
operation shall not be a criminal offense so long as the 146
firearm is not removed from the vehicle or brandished while 147
the vehicle is on the premises; 148
(13) Any gated area of an amusement park. Possession 149
of a firearm in a vehicle on the premises of the amusement 150
park shall not be a criminal offense so long as the firearm 151
is not removed from the vehicle or brandished while the 152
vehicle is on the premises; 153
(14) Any church or other place of religious worship 154
without the consent of the minister or person or persons 155
representing the religious organization that exercises 156
control over the place of religious worship. Possession of 157
a firearm in a vehicle on the premises shall not be a 158
criminal offense so long as the firearm is not removed from 159
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the vehicle or brandished while the vehicle is on the 160
premises; 161
(15) Any private property whose owner has posted the 162
premises as being off-limits to concealed firearms by means 163
of one or more signs displayed in a conspicuous place of a 164
minimum size of eleven inches by fourteen inches with the 165
writing thereon in letters of not less than one inch. The 166
owner, business or commercial lessee, manager of a private 167
business enterprise, or any other organization, entity, or 168
person may prohibit persons holding a Missouri lifetime or 169
extended concealed carry permit from carrying concealed 170
firearms on the premises and may prohibit employees, not 171
authorized by the employer, holding a Missouri lifetime or 172
extended concealed carry permit from carrying concealed 173
firearms on the property of the employer. If the building 174
or the premises are open to the public, the employer of the 175
business enterprise shall post signs on or about the 176
premises if carrying a concealed firearm is prohibited. 177
Possession of a firearm in a vehicle on the premises shall 178
not be a criminal offense so long as the firearm is not 179
removed from the vehicle or brandished while the vehicle is 180
on the premises. An employer may prohibit employees or 181
other persons holding a Missouri lifetime or extended 182
concealed carry permit from carrying a concealed firearm in 183
vehicles owned by the employer; 184
(16) Any sports arena or stadium with a seating 185
capacity of five thousand or more. Possession of a firearm 186
in a vehicle on the premises shall not be a criminal offense 187
so long as the firearm is not removed from the vehicle or 188
brandished while the vehicle is on the premises; 189
(17) Any hospital accessible by the public. 190
Possession of a firearm in a vehicle on the premises of a 191
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hospital shall not be a criminal offense so long as the 192
firearm is not removed from the vehicle or brandished while 193
the vehicle is on the premises] any location listed under 194
subdivisions (1) to (8) of subsection 1 of section 571.107. 195
2. Carrying of a concealed firearm in a location 196
specified in subdivisions (1) to [(17)] (8) of subsection 1 197
of [this] section 571.107 by any individual who holds a 198
Missouri lifetime or extended concealed carry permit shall 199
not be a criminal act but may subject the person to denial 200
to the premises or removal from the premises. If such 201
person refuses to leave the premises and a peace officer is 202
summoned, such person may be issued a citation for an amount 203
not to exceed one hundred dollars for the first offense. If 204
a second citation for a similar violation occurs within a 205
six-month period, such person shall be fined an amount not 206
to exceed two hundred dollars and his or her permit to carry 207
concealed firearms shall be suspended for a period of one 208
year. If a third citation for a similar violation is issued 209
within one year of the first citation, such person shall be 210
fined an amount not to exceed five hundred dollars and shall 211
have his or her Missouri lifetime or extended concealed 212
carry permit revoked and such person shall not be eligible 213
for a Missouri lifetime or extended concealed carry permit 214
or a concealed carry permit issued under sections 571.101 to 215
571.121 for a period of three years. Upon conviction of 216
charges arising from a citation issued under this 217
subsection, the court shall notify the sheriff of the county 218
which issued the Missouri lifetime or extended concealed 219
carry permit. The sheriff shall suspend or revoke the 220
Missouri lifetime or extended concealed carry permit. 221
577.703. 1. A person commits the offense of bus 1
hijacking if he or she seizes or exercises control, by force 2
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or violence or threat of force or violence, of any bus. The 3
offense of bus hijacking is a class B felony. 4
2. The offense of "assault with the intent to commit 5
bus hijacking" is defined as an intimidation, threat, 6
assault or battery toward any driver, attendant or guard of 7
a bus so as to interfere with the performance of duties by 8
such person. Assault to commit bus hijacking is a class D 9
felony. 10
3. Any person, who, in the commission of such 11
intimidation, threat, assault or battery with the intent to 12
commit bus hijacking, employs a dangerous or deadly weapon 13
or other means capable of inflicting serious bodily injury 14
shall, upon conviction, be guilty of a class A felony. 15
[4. Any passenger who boards a bus with a dangerous or 16
deadly weapon or other means capable of inflicting serious 17
bodily injury concealed upon his or her person or effects is 18
guilty of the felony of "possession and concealment of a 19
dangerous or deadly weapon" upon a bus. Possession and 20
concealment of a dangerous and deadly weapon by a passenger 21
upon a bus is a class D felony. The provisions of this 22
subsection shall not apply to duly elected or appointed law 23
enforcement officers or commercial security personnel who 24
are in possession of weapons used within the course and 25
scope of their employment; nor shall the provisions of this 26
subsection apply to persons who are in possession of weapons 27
or other means of inflicting serious bodily injury with the 28
consent of the owner of such bus, his or her agent, or the 29
lessee or bailee of such bus.] 30
577.712. 1. In order to provide for the safety, 1
comfort, and well-being of passengers and others having a 2
bona fide business interest in any terminal, a bus 3
transportation company may refuse admission to terminals to 4
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any person not having bona fide business within the 5
terminal. Any such refusal shall not be inconsistent or 6
contrary to state or federal laws, regulations pursuant 7
thereto, or to any ordinance of the political subdivision in 8
which such terminal is located. A duly authorized company 9
representative may ask any person in a terminal or on the 10
premises of a terminal to identify himself or herself and 11
state his or her business. Failure to comply with such 12
request or failure to state an acceptable business purpose 13
shall be grounds for the company representative to request 14
that such person leave the terminal. Refusal to comply with 15
such request shall constitute disorderly conduct. 16
Disorderly conduct shall be a class C misdemeanor. 17
2. It is unlawful for any person to carry [a deadly or 18
dangerous weapon or] any explosives or hazardous material 19
into a terminal or aboard a bus. Possession of [a deadly or 20
dangerous weapon,] an explosive or hazardous material shall 21
be a class D felony. Upon the discovery of any such item or 22
material, the company may obtain possession and retain 23
custody of such [item or] material until it is transferred 24
to the custody of law enforcement officers. 25
[563.016. The fact that conduct is 1
justified under this chapter does not abolish or 2
impair any remedy for such conduct which is 3
available in any civil actions.] 4
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