Modifies provisions relating to firearms

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. 908
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR HUDSON.
5815S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 21.750, 571.030, 571.101, 571.117, 571.205, and 571.225, RSMo, and to enact
in lieu thereof six new sections relating to firearms, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 21.750, 571.030, 571.101, 571.117, 1
571.205, and 571.225, RSMo, are repealed and six new sections 2
enacted in lieu thereof, to be known as sections 21.750, 3
571.030, 571.101, 571.117, 571.205, and 571.225, to read as 4
follows:5
21.750. 1. The general assembly hereby occupies and 1
preempts the entire field of legislation touching in any way 2
firearms, components, ammunition and supplies to the 3
complete exclusion of any order, ordinance or regulation by 4
any political subdivision of this state. Any existing or 5
future orders, ordinances or regulations in this field are 6
hereby and shall be null and void except as provided in 7
subsection 3 of this section. 8
2. No county, city, town, village, municipality, or 9
other political subdivision of this state shall adopt any 10
order, ordinance or regulation concerning in any way the 11
sale, purchase, purchase delay, transfer, ownership, use, 12
keeping, possession, bearing, transportation, licensing, 13
permit, registration, taxation other than sales and 14
compensating use taxes or other controls on firearms, 15
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components, ammunition, and supplies except as provided in 16
subsection 3 of this section. 17
3. [(1) Except as provided in subdivision (2) of this 18
subsection,] Nothing contained in this section shall 19
prohibit any ordinance of any political subdivision which 20
conforms exactly with any of the provisions of sections 21
571.010 to 571.070, with appropriate penalty provisions, [or 22
which regulates the open carrying of firearms readily 23
capable of lethal use] or the discharge of firearms within a 24
jurisdiction, provided such ordinance complies with the 25
provisions of section 252.243. No ordinance shall be 26
construed to preclude the use of a firearm in the defense of 27
person or property, subject to the provisions of chapter 563. 28
[(2) In any jurisdiction in which the open carrying of 29
firearms is prohibited by ordinance, the open carrying of 30
firearms shall not be prohibited in accordance with the 31
following: 32
(a) Any person with a valid concealed carry 33
endorsement or permit who is open carrying a firearm shall 34
be required to have a valid concealed carry endorsement or 35
permit from this state, or a permit from another state that 36
is recognized by this state, in his or her possession at all 37
times; 38
(b) Any person open carrying a firearm in such 39
jurisdiction shall display his or her concealed carry 40
endorsement or permit upon demand of a law enforcement 41
officer; 42
(c) In the absence of any reasonable and articulable 43
suspicion of criminal activity, no person carrying a 44
concealed or unconcealed firearm shall be disarmed or 45
physically restrained by a law enforcement officer unless 46
under arrest; and 47
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(d) Any person who violates this subdivision shall be 48
subject to the penalty provided in section 571.121.] 49
4. The lawful design, marketing, manufacture, 50
distribution, or sale of firearms or ammunition to the 51
public is not an abnormally dangerous activity and does not 52
constitute a public or private nuisance. 53
5. No county, city, town, village or any other 54
political subdivision nor the state shall bring suit or have 55
any right to recover against any firearms or ammunition 56
manufacturer, trade association or dealer for damages, 57
abatement or injunctive relief resulting from or relating to 58
the lawful design, manufacture, marketing, distribution, or 59
sale of firearms or ammunition to the public. This 60
subsection shall apply to any suit pending as of October 12, 61
2003, as well as any suit which may be brought in the 62
future. Provided, however, that nothing in this section 63
shall restrict the rights of individual citizens to recover 64
for injury or death caused by the negligent or defective 65
design or manufacture of firearms or ammunition. 66
6. Nothing in this section shall prevent the state, a 67
county, city, town, village or any other political 68
subdivision from bringing an action against a firearms or 69
ammunition manufacturer or dealer for breach of contract or 70
warranty as to firearms or ammunition purchased by the state 71
or such political subdivision. 72
7. Any political subdivision who knowingly violates 73
the provisions of this section or otherwise knowingly 74
deprives a citizen of Missouri of the rights or privileges 75
ensured by Amendment II of the Constitution of the United 76
States or Article I, Section 23 of the Constitution of 77
Missouri shall be liable to the injured party in an action 78
at law, suit in equity, or other proper proceeding for 79
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redress, and subject to a civil penalty of fifty thousand 80
dollars per occurrence. Any person injured under this 81
section shall have standing to pursue an action for 82
injunctive relief in the circuit court of the county in 83
which the action allegedly occurred or in the circuit court 84
of Cole County with respect to the actions of such 85
individual. The court shall hold a hearing on the motion 86
for temporary restraining order and preliminary injunction 87
within thirty days of service of the petition. 88
8. In such actions, the court may award the prevailing 89
party, other than the state of Missouri or any political 90
subdivision of the state, reasonable attorney's fees and 91
costs. 92
9. Sovereign immunity shall not be an affirmative 93
defense in any action pursuant to this section. 94
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
(2) Sets a spring gun; or 8
(3) Discharges or shoots a firearm into a dwelling 9
house, a railroad train, boat, aircraft, or motor vehicle as 10
defined in section 302.010, or any building or structure 11
used for the assembling of people; or 12
(4) Exhibits, in the presence of one or more persons, 13
any weapon readily capable of lethal use in an angry or 14
threatening manner; or 15
(5) Has a firearm or projectile weapon readily capable 16
of lethal use on his or her person, while he or she is 17
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intoxicated, and handles or otherwise uses such firearm or 18
projectile weapon in either a negligent or unlawful manner 19
or discharges such firearm or projectile weapon unless 20
acting in self-defense; or 21
(6) Discharges a firearm within one hundred yards of 22
any occupied schoolhouse, courthouse, or church building; or 23
(7) Discharges or shoots a firearm at a mark, at any 24
object, or at random, on, along or across a public highway 25
or discharges or shoots a firearm into any outbuilding; or 26
(8) Carries a firearm or any other weapon readily 27
capable of lethal use into any church or place where people 28
have assembled for worship, or into any election precinct on 29
any election day, or into any building owned or occupied by 30
any agency of the federal government, state government, or 31
political subdivision thereof; or 32
(9) Discharges or shoots a firearm at or from a motor 33
vehicle, as defined in section 301.010, discharges or shoots 34
a firearm at any person, or at any other motor vehicle, or 35
at any building or habitable structure, unless the person 36
was lawfully acting in self-defense; or 37
(10) Carries a firearm, whether loaded or unloaded, or 38
any other weapon readily capable of lethal use into any 39
school, onto any school bus, or onto the premises of any 40
function or activity sponsored or sanctioned by school 41
officials or the district school board; or 42
(11) Possesses a firearm while also knowingly in 43
possession of a controlled substance that is sufficient for 44
a felony violation of section 579.015. 45
2. Subdivisions (1), (8), and (10) of subsection 1 of 46
this section shall not apply to the persons described in 47
this subsection, regardless of whether such uses are 48
reasonably associated with or are necessary to the 49
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fulfillment of such person's official duties except as 50
otherwise provided in this subsection. Subdivisions (3), 51
(4), (6), (7), and (9) of subsection 1 of this section shall 52
not apply to or affect any of the following persons, when 53
such uses are reasonably associated with or are necessary to 54
the fulfillment of such person's official duties, except as 55
otherwise provided in this subsection: 56
(1) All state, county and municipal peace officers who 57
have completed the training required by the police officer 58
standards and training commission pursuant to sections 59
590.030 to 590.050 and who possess the duty and power of 60
arrest for violation of the general criminal laws of the 61
state or for violation of ordinances of counties or 62
municipalities of the state, whether such officers are on or 63
off duty, and whether such officers are within or outside of 64
the law enforcement agency's jurisdiction, or all qualified 65
retired peace officers, as defined in subsection 12 of this 66
section, and who carry the identification defined in 67
subsection 13 of this section, or any person summoned by 68
such officers to assist in making arrests or preserving the 69
peace while actually engaged in assisting such officer; 70
(2) Wardens, superintendents and keepers of prisons, 71
penitentiaries, jails and other institutions for the 72
detention of persons accused or convicted of crime; 73
(3) Members of the Armed Forces or National Guard 74
while performing their official duty; 75
(4) Those persons vested by Article V, Section 1 of 76
the Constitution of Missouri with the judicial power of the 77
state and those persons vested by Article III of the 78
Constitution of the United States with the judicial power of 79
the United States, the members of the federal judiciary; 80
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(5) Any person whose bona fide duty is to execute 81
process, civil or criminal; 82
(6) Any federal probation officer or federal flight 83
deck officer as defined under the federal flight deck 84
officer program, 49 U.S.C. Section 44921, regardless of 85
whether such officers are on duty, or within the law 86
enforcement agency's jurisdiction; 87
(7) Any state probation or parole officer, including 88
supervisors and members of the parole board; 89
(8) Any corporate security advisor meeting the 90
definition and fulfilling the requirements of the 91
regulations established by the department of public safety 92
under section 590.750; 93
(9) Any coroner, deputy coroner, medical examiner, or 94
assistant medical examiner; 95
(10) Any municipal or county prosecuting attorney or 96
assistant prosecuting attorney; circuit attorney or 97
assistant circuit attorney; municipal, associate, or circuit 98
judge; or any person appointed by a court to be a special 99
prosecutor who has completed the firearms safety training 100
course required under subsection 2 of section 571.111; 101
(11) Any member of a fire department or fire 102
protection district who is employed on a full-time basis as 103
a fire investigator and who has a valid concealed carry 104
endorsement issued prior to August 28, 2013, or a valid 105
concealed carry permit under section 571.111 when such uses 106
are reasonably associated with or are necessary to the 107
fulfillment of such person's official duties; and 108
(12) Upon the written approval of the governing body 109
of a fire department or fire protection district, any paid 110
fire department or fire protection district member who is 111
employed on a full-time basis and who has a valid concealed 112
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carry endorsement issued prior to August 28, 2013, or a 113
valid concealed carry permit, when such uses are reasonably 114
associated with or are necessary to the fulfillment of such 115
person's official duties. 116
3. Subdivisions (1), (5), (8), and (10) of subsection 117
1 of this section do not apply when the actor is 118
transporting such weapons in a nonfunctioning state or in an 119
unloaded state when ammunition is not readily accessible or 120
when such weapons are not readily accessible. Subdivision 121
(1) of subsection 1 of this section does not apply to any 122
person [nineteen] eighteen years of age or older [or 123
eighteen years of age or older and a member of the United 124
States Armed Forces, or honorably discharged from the United 125
States Armed Forces,] transporting a concealable firearm in 126
the passenger compartment of a motor vehicle, so long as 127
such concealable firearm is otherwise lawfully possessed, 128
nor when the actor is also in possession of an exposed 129
firearm or projectile weapon for the lawful pursuit of game, 130
or is in his or her dwelling unit or upon premises over 131
which the actor has possession, authority or control, or is 132
traveling in a continuous journey peaceably through this 133
state. Subdivision (10) of subsection 1 of this section 134
does not apply if the firearm is otherwise lawfully 135
possessed by a person while traversing school premises for 136
the purposes of transporting a student to or from school, or 137
possessed by an adult for the purposes of facilitation of a 138
school-sanctioned firearm-related event or club event. 139
4. Subdivisions (1), (8), and (10) of subsection 1 of 140
this section shall not apply to any person who has a valid 141
concealed carry permit issued pursuant to sections 571.101 142
to 571.121, a valid concealed carry endorsement issued 143
before August 28, 2013, or a valid permit or endorsement to 144
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carry concealed firearms issued by another state or 145
political subdivision of another state. 146
5. Subdivisions (3), (4), (5), (6), (7), (8), (9), and 147
(10) of subsection 1 of this section shall not apply to 148
persons who are engaged in a lawful act of defense pursuant 149
to section 563.031. 150
6. Notwithstanding any provision of this section to 151
the contrary, the state shall not prohibit any state 152
employee from having a firearm in the employee's vehicle on 153
the state's property provided that the vehicle is locked and 154
the firearm is not visible. This subsection shall only 155
apply to the state as an employer when the state employee's 156
vehicle is on property owned or leased by the state and the 157
state employee is conducting activities within the scope of 158
his or her employment. For the purposes of this subsection, 159
"state employee" means an employee of the executive, 160
legislative, or judicial branch of the government of the 161
state of Missouri. 162
7. (1) Subdivision (10) of subsection 1 of this 163
section shall not apply to a person who is a school officer 164
commissioned by the district school board under section 165
162.215 or who is a school protection officer, as described 166
under section 160.665. 167
(2) Nothing in this section shall make it unlawful for 168
a student to actually participate in school-sanctioned gun 169
safety courses, student military or ROTC courses, or other 170
school-sponsored or club-sponsored firearm-related events, 171
provided the student does not carry a firearm or other 172
weapon readily capable of lethal use into any school, onto 173
any school bus, or onto the premises of any other function 174
or activity sponsored or sanctioned by school officials or 175
the district school board. 176
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8. A person who commits the crime of unlawful use of 177
weapons under: 178
(1) Subdivision (2), (3), (4), or (11) of subsection 1 179
of this section shall be guilty of a class E felony; 180
(2) Subdivision (1), (6), (7), or (8) of subsection 1 181
of this section shall be guilty of a class B misdemeanor, 182
except when a concealed weapon is carried onto any private 183
property whose owner has posted the premises as being off- 184
limits to concealed firearms by means of one or more signs 185
displayed in a conspicuous place of a minimum size of eleven 186
inches by fourteen inches with the writing thereon in 187
letters of not less than one inch, in which case the 188
penalties of subsection 2 of section 571.107 shall apply; 189
(3) Subdivision (5) or (10) of subsection 1 of this 190
section shall be guilty of a class A misdemeanor if the 191
firearm is unloaded and a class E felony if the firearm is 192
loaded; 193
(4) Subdivision (9) of subsection 1 of this section 194
shall be guilty of a class B felony, except that if the 195
violation of subdivision (9) of subsection 1 of this section 196
results in injury or death to another person, it is a class 197
A felony. 198
9. Violations of subdivision (9) of subsection 1 of 199
this section shall be punished as follows: 200
(1) For the first violation a person shall be 201
sentenced to the maximum authorized term of imprisonment for 202
a class B felony; 203
(2) For any violation by a prior offender as defined 204
in section 558.016, a person shall be sentenced to the 205
maximum authorized term of imprisonment for a class B felony 206
without the possibility of parole, probation or conditional 207
release for a term of ten years; 208
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(3) For any violation by a persistent offender as 209
defined in section 558.016, a person shall be sentenced to 210
the maximum authorized term of imprisonment for a class B 211
felony without the possibility of parole, probation, or 212
conditional release; 213
(4) For any violation which results in injury or death 214
to another person, a person shall be sentenced to an 215
authorized disposition for a class A felony. 216
10. Any person knowingly aiding or abetting any other 217
person in the violation of subdivision (9) of subsection 1 218
of this section shall be subject to the same penalty as that 219
prescribed by this section for violations by other persons. 220
11. Notwithstanding any other provision of law, no 221
person who pleads guilty to or is found guilty of a felony 222
violation of subsection 1 of this section shall receive a 223
suspended imposition of sentence if such person has 224
previously received a suspended imposition of sentence for 225
any other firearms- or weapons-related felony offense. 226
12. As used in this section "qualified retired peace 227
officer" means an individual who: 228
(1) Retired in good standing from service with a 229
public agency as a peace officer, other than for reasons of 230
mental instability; 231
(2) Before such retirement, was authorized by law to 232
engage in or supervise the prevention, detection, 233
investigation, or prosecution of, or the incarceration of 234
any person for, any violation of law, and had statutory 235
powers of arrest; 236
(3) Before such retirement, was regularly employed as 237
a peace officer for an aggregate of fifteen years or more, 238
or retired from service with such agency, after completing 239
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any applicable probationary period of such service, due to a 240
service-connected disability, as determined by such agency; 241
(4) Has a nonforfeitable right to benefits under the 242
retirement plan of the agency if such a plan is available; 243
(5) During the most recent twelve-month period, has 244
met, at the expense of the individual, the standards for 245
training and qualification for active peace officers to 246
carry firearms; 247
(6) Is not under the influence of alcohol or another 248
intoxicating or hallucinatory drug or substance; and 249
(7) Is not prohibited by federal law from receiving a 250
firearm. 251
13. The identification required by subdivision (1) of 252
subsection 2 of this section is: 253
(1) A photographic identification issued by the agency 254
from which the individual retired from service as a peace 255
officer that indicates that the individual has, not less 256
recently than one year before the date the individual is 257
carrying the concealed firearm, been tested or otherwise 258
found by the agency to meet the standards established by the 259
agency for training and qualification for active peace 260
officers to carry a firearm of the same type as the 261
concealed firearm; or 262
(2) A photographic identification issued by the agency 263
from which the individual retired from service as a peace 264
officer; and 265
(3) A certification issued by the state in which the 266
individual resides that indicates that the individual has, 267
not less recently than one year before the date the 268
individual is carrying the concealed firearm, been tested or 269
otherwise found by the state to meet the standards 270
established by the state for training and qualification for 271
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active peace officers to carry a firearm of the same type as 272
the concealed firearm. 273
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. The concealed carry permit is valid 11
throughout this state. Although the permit is considered 12
valid in the state, a person who fails to renew his or her 13
permit within five years from the date of issuance or 14
renewal shall not be eligible for an exception to a National 15
Instant Criminal Background Check under federal regulations 16
currently codified under 27 CFR 478.102(d), relating to the 17
transfer, sale, or delivery of firearms from licensed 18
dealers. A concealed carry endorsement issued prior to 19
August 28, 2013, shall continue from the date of issuance or 20
renewal until three years from the last day of the month in 21
which the endorsement was issued or renewed to authorize the 22
carrying of a concealed firearm on or about the applicant's 23
person or within a vehicle in the same manner as a concealed 24
carry permit issued under subsection 7 of this section on or 25
after August 28, 2013. 26
2. A concealed carry permit issued pursuant to 27
subsection 7 of this section shall be issued by the sheriff 28
or his or her designee of the county or city in which the 29
applicant resides, if the applicant: 30
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(1) Is at least [nineteen] eighteen years of age, is a 31
citizen or permanent resident of the United States and 32
either: 33
(a) Has assumed residency in this state; or 34
(b) Is a member of the Armed Forces stationed in 35
Missouri, or the spouse of such member of the military; 36
(2) [Is at least nineteen years of age, or is at least 37
eighteen years of age and a member of the United States 38
Armed Forces or honorably discharged from the United States 39
Armed Forces, and is a citizen of the United States and 40
either: 41
(a) Has assumed residency in this state; 42
(b) Is a member of the Armed Forces stationed in 43
Missouri; or 44
(c) The spouse of such member of the military 45
stationed in Missouri and nineteen years of age; 46
(3)] Has not pled guilty to or entered a plea of nolo 47
contendere or been convicted of a crime punishable by 48
imprisonment for a term exceeding one year under the laws of 49
any state or of the United States other than a crime 50
classified as a misdemeanor under the laws of any state and 51
punishable by a term of imprisonment of two years or less 52
that does not involve an explosive weapon, firearm, firearm 53
silencer or gas gun; 54
[(4)] (3) Has not been convicted of, pled guilty to or 55
entered a plea of nolo contendere to one or more misdemeanor 56
offenses involving crimes of violence within a five-year 57
period immediately preceding application for a concealed 58
carry permit or if the applicant has not been convicted of 59
two or more misdemeanor offenses involving driving while 60
under the influence of intoxicating liquor or drugs or the 61
possession or abuse of a controlled substance within a five- 62
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year period immediately preceding application for a 63
concealed carry permit; 64
[(5)] (4) Is not a fugitive from justice or currently 65
charged in an information or indictment with the commission 66
of a crime punishable by imprisonment for a term exceeding 67
one year under the laws of any state of the United States 68
other than a crime classified as a misdemeanor under the 69
laws of any state and punishable by a term of imprisonment 70
of two years or less that does not involve an explosive 71
weapon, firearm, firearm silencer, or gas gun; 72
[(6)] (5) Has not been discharged under dishonorable 73
conditions from the United States Armed Forces; 74
[(7)] (6) Has not engaged in a pattern of behavior, 75
documented in public or closed records, that causes the 76
sheriff to have a reasonable belief that the applicant 77
presents a danger to himself or others; 78
[(8)] (7) Is not adjudged mentally incompetent at the 79
time of application or for five years prior to application, 80
or has not been committed to a mental health facility, as 81
defined in section 632.005, or a similar institution located 82
in another state following a hearing at which the defendant 83
was represented by counsel or a representative; 84
[(9)] (8) Submits a completed application for a permit 85
as described in subsection 3 of this section; 86
[(10)] (9) Submits an affidavit attesting that the 87
applicant complies with the concealed carry safety training 88
requirement pursuant to subsections 1 and 2 of section 89
571.111; 90
[(11)] (10) Is not the respondent of a valid full order 91
of protection which is still in effect; 92
[(12)] (11) Is not otherwise prohibited from possessing 93
a firearm under section 571.070 or 18 U.S.C. Section 922(g). 94
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3. The application for a concealed carry permit issued 95
by the sheriff of the county of the applicant's residence 96
shall contain only the following information: 97
(1) The applicant's name, address, telephone number, 98
gender, date and place of birth, and, if the applicant is 99
not a United States citizen, the applicant's country of 100
citizenship and any alien or admission number issued by the 101
Federal Bureau of Customs and Immigration Enforcement or any 102
successor agency; 103
(2) An affirmation that the applicant has assumed 104
residency in Missouri or is a member of the Armed Forces 105
stationed in Missouri or the spouse of such a member of the 106
Armed Forces and is a citizen or permanent resident of the 107
United States; 108
(3) An affirmation that the applicant is at least 109
[nineteen] eighteen years of age [or is eighteen years of 110
age or older and a member of the United States Armed Forces 111
or honorably discharged from the United States Armed Forces]; 112
(4) An affirmation that the applicant has not pled 113
guilty to or been convicted of a crime punishable by 114
imprisonment for a term exceeding one year under the laws of 115
any state or of the United States other than a crime 116
classified as a misdemeanor under the laws of any state and 117
punishable by a term of imprisonment of two years or less 118
that does not involve an explosive weapon, firearm, firearm 119
silencer, or gas gun; 120
(5) An affirmation that the applicant has not been 121
convicted of, pled guilty to, or entered a plea of nolo 122
contendere to one or more misdemeanor offenses involving 123
crimes of violence within a five-year period immediately 124
preceding application for a permit or if the applicant has 125
not been convicted of two or more misdemeanor offenses 126
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involving driving while under the influence of intoxicating 127
liquor or drugs or the possession or abuse of a controlled 128
substance within a five-year period immediately preceding 129
application for a permit; 130
(6) An affirmation that the applicant is not a 131
fugitive from justice or currently charged in an information 132
or indictment with the commission of a crime punishable by 133
imprisonment for a term exceeding one year under the laws of 134
any state or of the United States other than a crime 135
classified as a misdemeanor under the laws of any state and 136
punishable by a term of imprisonment of two years or less 137
that does not involve an explosive weapon, firearm, firearm 138
silencer or gas gun; 139
(7) An affirmation that the applicant has not been 140
discharged under dishonorable conditions from the United 141
States Armed Forces; 142
(8) An affirmation that the applicant is not adjudged 143
mentally incompetent at the time of application or for five 144
years prior to application, or has not been committed to a 145
mental health facility, as defined in section 632.005, or a 146
similar institution located in another state, except that a 147
person whose release or discharge from a facility in this 148
state pursuant to chapter 632, or a similar discharge from a 149
facility in another state, occurred more than five years ago 150
without subsequent recommitment may apply; 151
(9) An affirmation that the applicant has received 152
firearms safety training that meets the standards of 153
applicant firearms safety training defined in subsection 1 154
or 2 of section 571.111; 155
(10) An affirmation that the applicant, to the 156
applicant's best knowledge and belief, is not the respondent 157
of a valid full order of protection which is still in effect; 158
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(11) A conspicuous warning that false statements made 159
by the applicant will result in prosecution for perjury 160
pursuant to the laws of the state of Missouri; and 161
(12) A government-issued photo identification. This 162
photograph shall not be included on the permit and shall 163
only be used to verify the person's identity for permit 164
renewal, or for the issuance of a new permit due to change 165
of address, or for a lost or destroyed permit. 166
4. An application for a concealed carry permit shall 167
be made to the sheriff of the county or any city not within 168
a county in which the applicant resides. An application 169
shall be filed in writing, signed under oath and under the 170
penalties of perjury, and shall state whether the applicant 171
complies with each of the requirements specified in 172
subsection 2 of this section. In addition to the completed 173
application, the applicant for a concealed carry permit must 174
also submit the following: 175
(1) A photocopy of a firearms safety training 176
certificate of completion or other evidence of completion of 177
a firearms safety training course that meets the standards 178
established in subsection 1 or 2 of section 571.111; and 179
(2) A nonrefundable permit fee as provided by 180
subsection 11 or 12 of this section. 181
5. (1) Before an application for a concealed carry 182
permit is approved, the sheriff shall make only such 183
inquiries as he or she deems necessary into the accuracy of 184
the statements made in the application. The sheriff may 185
require that the applicant display a Missouri driver's 186
license or nondriver's license or military identification 187
and orders showing the person being stationed in Missouri. 188
In order to determine the applicant's suitability for a 189
concealed carry permit, the applicant shall be 190
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fingerprinted. No other biometric data shall be collected 191
from the applicant. The sheriff shall conduct an inquiry of 192
the National Instant Criminal Background Check System within 193
three working days after submission of the properly 194
completed application for a concealed carry permit. If no 195
disqualifying record is identified by these checks at the 196
state level, the fingerprints shall be forwarded to the 197
Federal Bureau of Investigation for a national criminal 198
history record check. Upon receipt of the completed report 199
from the National Instant Criminal Background Check System 200
and the response from the Federal Bureau of Investigation 201
national criminal history record check, the sheriff shall 202
examine the results and, if no disqualifying information is 203
identified, shall issue a concealed carry permit within 204
three working days. 205
(2) In the event the report from the National Instant 206
Criminal Background Check System and the response from the 207
Federal Bureau of Investigation national criminal history 208
record check prescribed by subdivision (1) of this 209
subsection are not completed within forty-five calendar days 210
and no disqualifying information concerning the applicant 211
has otherwise come to the sheriff's attention, the sheriff 212
shall issue a provisional permit, clearly designated on the 213
certificate as such, which the applicant shall sign in the 214
presence of the sheriff or the sheriff's designee. This 215
permit, when carried with a valid Missouri driver's or 216
nondriver's license or a valid military identification, 217
shall permit the applicant to exercise the same rights in 218
accordance with the same conditions as pertain to a 219
concealed carry permit issued under this section, provided 220
that it shall not serve as an alternative to an national 221
instant criminal background check required by 18 U.S.C. 222
SB 908 20
Section 922(t). The provisional permit shall remain valid 223
until such time as the sheriff either issues or denies the 224
certificate of qualification under subsection 6 or 7 of this 225
section. The sheriff shall revoke a provisional permit 226
issued under this subsection within twenty-four hours of 227
receipt of any report that identifies a disqualifying 228
record, and shall notify the concealed carry permit system 229
established under subsection 5 of section 650.350. The 230
revocation of a provisional permit issued under this section 231
shall be proscribed in a manner consistent to the denial and 232
review of an application under subsection 6 of this section. 233
6. The sheriff may refuse to approve an application 234
for a concealed carry permit if he or she determines that 235
any of the requirements specified in subsection 2 of this 236
section have not been met, or if he or she has a substantial 237
and demonstrable reason to believe that the applicant has 238
rendered a false statement regarding any of the provisions 239
of sections 571.101 to 571.121. If the applicant is found 240
to be ineligible, the sheriff is required to deny the 241
application, and notify the applicant in writing, stating 242
the grounds for denial and informing the applicant of the 243
right to submit, within thirty days, any additional 244
documentation relating to the grounds of the denial. Upon 245
receiving any additional documentation, the sheriff shall 246
reconsider his or her decision and inform the applicant 247
within thirty days of the result of the reconsideration. 248
The applicant shall further be informed in writing of the 249
right to appeal the denial pursuant to subsections 2, 3, 4, 250
and 5 of section 571.114. After two additional reviews and 251
denials by the sheriff, the person submitting the 252
application shall appeal the denial pursuant to subsections 253
2, 3, 4, and 5 of section 571.114. 254
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7. If the application is approved, the sheriff shall 255
issue a concealed carry permit to the applicant within a 256
period not to exceed three working days after his or her 257
approval of the application. The applicant shall sign the 258
concealed carry permit in the presence of the sheriff or his 259
or her designee. 260
8. The concealed carry permit shall specify only the 261
following information: 262
(1) Name, address, date of birth, gender, height, 263
weight, color of hair, color of eyes, and signature of the 264
permit holder; 265
(2) The signature of the sheriff issuing the permit; 266
(3) The date of issuance; and 267
(4) The expiration date. 268
The permit shall be no larger than two and one-eighth inches 269
wide by three and three-eighths inches long and shall be of 270
a uniform style prescribed by the department of public 271
safety. The permit shall also be assigned a concealed carry 272
permit system county code and shall be stored in sequential 273
number. 274
9. (1) The sheriff shall keep a record of all 275
applications for a concealed carry permit or a provisional 276
permit and his or her action thereon. Any record of an 277
application that is incomplete or denied for any reason 278
shall be kept for a period not to exceed one year. Any 279
record of an application that was approved shall be kept for 280
a period of one year after the expiration and nonrenewal of 281
the permit. 282
(2) The sheriff shall report the issuance of a 283
concealed carry permit or provisional permit to the 284
concealed carry permit system. All information on any such 285
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permit that is protected information on any driver's or 286
nondriver's license shall have the same personal protection 287
for purposes of sections 571.101 to 571.121. An applicant's 288
status as a holder of a concealed carry permit, provisional 289
permit, or a concealed carry endorsement issued prior to 290
August 28, 2013, shall not be public information and shall 291
be considered personal protected information. Information 292
retained in the concealed carry permit system under this 293
subsection shall not be distributed to any federal, state, 294
or private entities and shall only be made available for a 295
single entry query of an individual in the event the 296
individual is a subject of interest in an active criminal 297
investigation or is arrested for a crime. A sheriff may 298
access the concealed carry permit system for administrative 299
purposes to issue a permit, verify the accuracy of permit 300
holder information, change the name or address of a permit 301
holder, suspend or revoke a permit, cancel an expired 302
permit, or cancel a permit upon receipt of a certified death 303
certificate for the permit holder. Any person who violates 304
the provisions of this subdivision by disclosing protected 305
information shall be guilty of a class A misdemeanor. 306
10. Information regarding any holder of a concealed 307
carry permit, or a concealed carry endorsement issued prior 308
to August 28, 2013, is a closed record. No bulk download or 309
batch data shall be distributed to any federal, state, or 310
private entity, except to MoSMART or a designee thereof. 311
Any state agency that has retained any documents or records, 312
including fingerprint records provided by an applicant for a 313
concealed carry endorsement prior to August 28, 2013, shall 314
destroy such documents or records, upon successful issuance 315
of a permit. 316
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11. For processing an application for a concealed 317
carry permit pursuant to sections 571.101 to 571.121, the 318
sheriff in each county shall charge a nonrefundable fee not 319
to exceed one hundred dollars which shall be paid to the 320
treasury of the county to the credit of the sheriff's 321
revolving fund. This fee shall include the cost to 322
reimburse the Missouri state highway patrol for the costs of 323
fingerprinting and criminal background checks. An 324
additional fee shall be added to each credit card, debit 325
card, or other electronic transaction equal to the charge 326
paid by the state or the applicant for the use of the credit 327
card, debit card, or other electronic payment method by the 328
applicant. 329
12. For processing a renewal for a concealed carry 330
permit pursuant to sections 571.101 to 571.121, the sheriff 331
in each county shall charge a nonrefundable fee not to 332
exceed fifty dollars which shall be paid to the treasury of 333
the county to the credit of the sheriff's revolving fund. 334
13. For the purposes of sections 571.101 to 571.121, 335
the term "sheriff" shall include the sheriff of any county 336
or city not within a county or his or her designee and in 337
counties of the first classification the sheriff may 338
designate the chief of police of any city, town, or 339
municipality within such county. 340
14. For the purposes of this chapter, "concealed carry 341
permit" shall include any concealed carry endorsement issued 342
by the department of revenue before January 1, 2014, and any 343
concealed carry document issued by any sheriff or under the 344
authority of any sheriff after December 31, 2013. 345
571.117. 1. Any person who has knowledge that another 1
person, who was issued a concealed carry permit pursuant to 2
sections 571.101 to 571.121, or concealed carry endorsement 3
SB 908 24
prior to August 28, 2013, never was or no longer is eligible 4
for such permit or endorsement under the criteria 5
established in sections 571.101 to 571.121 may file a 6
petition with the clerk of the small claims court to revoke 7
that person's concealed carry permit or endorsement. The 8
petition shall be in a form substantially similar to the 9
petition for revocation of concealed carry permit or 10
endorsement provided in this section. Appeal forms shall be 11
provided by the clerk of the small claims court free of 12
charge to any person: 13
14 SMALL CLAIMS COURT
15 In the Circuit Court of _________ , Missouri
16 ______, PLAINTIFF
17 )
18 )
19 vs. ) Case Number ______
20 )
21 ______, DEFENDANT,
22 Carry Permit or Endorsement Holder
23 ______, DEFENDANT,
24 Sheriff of Issuance
25 PETITION FOR REVOCATION OF A
26
27
CONCEALED CARRY PERMIT OR CONCEALED CARRY
ENDORSEMENT

28
29
Plaintiff states to the court that the
defendant, ______, has a concealed carry permit

SB 908 25
30
31
32
33
34
35
36
37
38
39
40
41
issued pursuant to sections 571.101 to 571.121,
RSMo, or a concealed carry endorsement issued
prior to August 28, 2013, and that the
defendant's concealed carry permit or concealed
carry endorsement should now be revoked because
the defendant either never was or no longer is
eligible for such a permit or endorsement
pursuant to the provisions of sections 571.101
to 571.121, RSMo, specifically plaintiff states
that defendant, ______, never was or no longer
is eligible for such permit or endorsement for
one or more of the following reasons:
42
43
(CHECK BELOW EACH REASON THAT APPLIES TO THIS
DEFENDANT)

44
45
46
47
48
□ Defendant is not at least [nineteen] eighteen
years of age [or at least eighteen years of
age and a member of the United States Armed
Forces or honorably discharged from the
United States Armed Forces].

49
50
□ Defendant is not a citizen or permanent
resident of the United States.

51
52
53
54
□ Defendant had not resided in this state prior
to issuance of the permit and does not
qualify as a military member or spouse of a
military member stationed in Missouri.

55
56
57
58
59
60
61
62
63
64
□ Defendant has pled guilty to or been
convicted of a crime punishable by
imprisonment for a term exceeding two years
under the laws of any state or of the United
States other than a crime classified as a
misdemeanor under the laws of any state and
punishable by a term of imprisonment of one
year or less that does not involve an
explosive weapon, firearm, firearm silencer,
or gas gun.

SB 908 26
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
□ Defendant has been convicted of, pled guilty
to or entered a plea of nolo contendere to
one or more misdemeanor offenses involving
crimes of violence within a five-year period
immediately preceding application for a
concealed carry permit issued pursuant to
sections 571.101 to 571.121, RSMo, or a
concealed carry endorsement issued prior to
August 28, 2013, or if the applicant has been
convicted of two or more misdemeanor offenses
involving driving while under the influence
of intoxicating liquor or drugs or the
possession or abuse of a controlled substance
within a five-year period immediately
preceding application for a concealed carry
permit issued pursuant to sections 571.101 to
571.121, RSMo, or a concealed carry
endorsement issued prior to August 28, 2013.

83
84
85
86
87
88
89
90
91
92
93
□ Defendant is a fugitive from justice or
currently charged in an information or
indictment with the commission of a crime
punishable by imprisonment for a term
exceeding one year under the laws of any
state of the United States other than a crime
classified as a misdemeanor under the laws of
any state and punishable by a term of
imprisonment of two years or less that does
not involve an explosive weapon, firearm,
firearm silencer, or gas gun.

94
95
96
□ Defendant has been discharged under
dishonorable conditions from the United
States Armed Forces.

97
98
99
□ Defendant is reasonably believed by the
sheriff to be a danger to self or others
based on previous, documented pattern.

100
101
□ Defendant is adjudged mentally incompetent at
the time of application or for five years

SB 908 27
102
103
104
105
106
107
108
109
110
111
prior to application, or has been committed
to a mental health facility, as defined in
section 632.005, RSMo, or a similar
institution located in another state, except
that a person whose release or discharge from
a facility in this state pursuant to chapter
632, RSMo, or a similar discharge from a
facility in another state, occurred more than
five years ago without subsequent
recommitment may apply.
112
113
114
115
116
□ Defendant failed to submit a completed
application for a concealed carry permit
issued pursuant to sections 571.101 to
571.121, RSMo, or a concealed carry
endorsement issued prior to August 28, 2013.

117
118
119
120
121
122
123
124
□ Defendant failed to submit to or failed to
clear the required background check. (Note:
This does not apply if the defendant has
submitted to a background check and been
issued a provisional permit pursuant to
subdivision (2) of subsection 5 of section
571.101, and the results of the background
check are still pending.)

125
126
127
128
129
□ Defendant failed to submit an affidavit
attesting that the applicant complies with
the concealed carry safety training
requirement pursuant to subsection 1 of
section 571.111, RSMo.

130
131
132
133
□ Defendant is otherwise disqualified from
possessing a firearm pursuant to 18 U.S.C.
Section 922(g) or section 571.070, RSMo,
because (specify reason):

134
135
136
The plaintiff subject to penalty for perjury
states that the information contained in this
petition is true and correct to the best of the

SB 908 28
2. If at the hearing the plaintiff shows that the 142
defendant was not eligible for the concealed carry permit 143
issued pursuant to sections 571.101 to 571.121, or a 144
concealed carry endorsement issued prior to August 28, 2013, 145
at the time of issuance or renewal or is no longer eligible 146
for a concealed carry permit or the concealed carry 147
endorsement, the court shall issue an appropriate order to 148
cause the revocation of the concealed carry permit and, if 149
applicable, the concealed carry endorsement. Costs shall 150
not be assessed against the sheriff. 151
3. The finder of fact, in any action brought against a 152
permit or endorsement holder pursuant to subsection 1 of 153
this section, shall make findings of fact and the court 154
shall make conclusions of law addressing the issues at 155
dispute. If it is determined that the plaintiff in such an 156
action acted without justification or with malice or 157
primarily with an intent to harass the permit or endorsement 158
holder or that there was no reasonable basis to bring the 159
action, the court shall order the plaintiff to pay the 160
defendant/respondent all reasonable costs incurred in 161
defending the action including, but not limited to, 162
attorney's fees, deposition costs, and lost wages. Once the 163
court determines that the plaintiff is liable to the 164
defendant/respondent for costs and fees, the extent and type 165
of fees and costs to be awarded should be liberally 166
calculated in defendant/respondent's favor. Notwithstanding 167
137
138
139
140
plaintiff's knowledge, is reasonably based upon
the petitioner's personal knowledge and is not
primarily intended to harass the
defendant/respondent named herein.
141 __________________ , PLAINTIFF
SB 908 29
any other provision of law, reasonable attorney's fees shall 168
be presumed to be at least one hundred fifty dollars per 169
hour. 170
4. Any person aggrieved by any final judgment rendered 171
by a small claims court in a petition for revocation of a 172
concealed carry permit or concealed carry endorsement may 173
have a right to trial de novo as provided in sections 174
512.180 to 512.320. 175
5. The office of the county sheriff or any employee or 176
agent of the county sheriff shall not be liable for damages 177
in any civil action arising from alleged wrongful or 178
improper granting, renewing, or failure to revoke a 179
concealed carry permit issued pursuant to sections 571.101 180
to 571.121, or a certificate of qualification for a 181
concealed carry endorsement issued prior to August 28, 2013, 182
so long as the sheriff acted in good faith. 183
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. Such permit shall be known as a 12
Missouri extended concealed carry permit. A person issued a 13
Missouri lifetime or extended concealed carry permit shall 14
be required to comply with the provisions of sections 15
571.205 to 571.230. If the applicant can show qualification 16
SB 908 30
as provided by sections 571.205 to 571.230, the sheriff 17
shall issue a Missouri lifetime or extended concealed carry 18
permit authorizing the carrying of a concealed firearm on or 19
about the applicant's person or within a vehicle. 20
2. A Missouri lifetime or extended concealed carry 21
permit shall be suspended if the permit holder becomes a 22
resident of another state. The permit may be reactivated 23
upon reestablishment of Missouri residency if the applicant 24
meets the requirements of sections 571.205 to 571.230, and 25
upon successful completion of a name-based inquiry of the 26
National Instant Background Check System. 27
3. A Missouri lifetime or extended concealed carry 28
permit shall be issued by the sheriff or his or her designee 29
of the county or city in which the applicant resides, if the 30
applicant: 31
(1) Is at least [nineteen] eighteen years of age, is a 32
citizen or permanent resident of the United States, and has 33
assumed residency in this state[, or is at least eighteen 34
years of age and a member of the United States Armed Forces 35
or honorably discharged from the United States Armed Forces, 36
and is a citizen of the United States and has assumed 37
residency in this state]; 38
(2) Has not pled guilty to or entered a plea of nolo 39
contendere or been convicted of a crime punishable by 40
imprisonment for a term exceeding one year under the laws of 41
any state or of the United States, other than a crime 42
classified as a misdemeanor under the laws of any state and 43
punishable by a term of imprisonment of two years or less 44
that does not involve an explosive weapon, firearm, firearm 45
silencer, or gas gun; 46
SB 908 31
(3) Has not been convicted of, pled guilty to or 47
entered a plea of nolo contendere to one or more misdemeanor 48
offenses involving crimes of violence within a five-year 49
period immediately preceding application for a Missouri 50
lifetime or extended concealed carry permit or if the 51
applicant has not been convicted of two or more misdemeanor 52
offenses involving driving while under the influence of 53
intoxicating liquor or drugs or the possession or abuse of a 54
controlled substance within a five-year period immediately 55
preceding application for a Missouri lifetime or extended 56
concealed carry permit; 57
(4) Is not a fugitive from justice or currently 58
charged in an information or indictment with the commission 59
of a crime punishable by imprisonment for a term exceeding 60
one year under the laws of any state of the United States, 61
other than a crime classified as a misdemeanor under the 62
laws of any state and punishable by a term of imprisonment 63
of two years or less that does not involve an explosive 64
weapon, firearm, firearm silencer, or gas gun; 65
(5) Has not been discharged under dishonorable 66
conditions from the United States Armed Forces; 67
(6) Has not engaged in a pattern of behavior, 68
documented in public or closed records, that causes the 69
sheriff to have a reasonable belief that the applicant 70
presents a danger to himself or herself or others; 71
(7) Is not adjudged mentally incompetent at the time 72
of application or for five years prior to application, or 73
has not been committed to a mental health facility, as 74
defined in section 632.005, or a similar institution located 75
in another state following a hearing at which the defendant 76
was represented by counsel or a representative; 77
SB 908 32
(8) Submits a completed application for a permit as 78
described in subsection 4 of this section; 79
(9) Submits an affidavit attesting that the applicant 80
complies with the concealed carry safety training 81
requirement under subsections 1 and 2 of section 571.111; 82
(10) Is not the respondent of a valid full order of 83
protection which is still in effect; 84
(11) Is not otherwise prohibited from possessing a 85
firearm under section 571.070 or 18 U.S.C. Section 922(g). 86
4. The application for a Missouri lifetime or extended 87
concealed carry permit issued by the sheriff of the county 88
of the applicant's residence shall contain only the 89
following information: 90
(1) The applicant's name, address, telephone number, 91
gender, date and place of birth, and, if the applicant is 92
not a United States citizen, the applicant's country of 93
citizenship and any alien or admission number issued by the 94
United States Immigration and Customs Enforcement or any 95
successor agency; 96
(2) An affirmation that the applicant has assumed 97
residency in Missouri and is a citizen or permanent resident 98
of the United States; 99
(3) An affirmation that the applicant is at least 100
[nineteen] eighteen years of age [or is eighteen years of 101
age or older and a member of the United States Armed Forces 102
or honorably discharged from the United States Armed Forces]; 103
(4) An affirmation that the applicant has not pled 104
guilty to or been convicted of a crime punishable by 105
imprisonment for a term exceeding one year under the laws of 106
any state or of the United States other than a crime 107
classified as a misdemeanor under the laws of any state and 108
SB 908 33
punishable by a term of imprisonment of two years or less 109
that does not involve an explosive weapon, firearm, firearm 110
silencer, or gas gun; 111
(5) An affirmation that the applicant has not been 112
convicted of, pled guilty to, or entered a plea of nolo 113
contendere to one or more misdemeanor offenses involving 114
crimes of violence within a five-year period immediately 115
preceding application for a permit or that the applicant has 116
not been convicted of two or more misdemeanor offenses 117
involving driving while under the influence of intoxicating 118
liquor or drugs or the possession or abuse of a controlled 119
substance within a five-year period immediately preceding 120
application for a permit; 121
(6) An affirmation that the applicant is not a 122
fugitive from justice or currently charged in an information 123
or indictment with the commission of a crime punishable by 124
imprisonment for a term exceeding one year under the laws of 125
any state or of the United States other than a crime 126
classified as a misdemeanor under the laws of any state and 127
punishable by a term of imprisonment of two years or less 128
that does not involve an explosive weapon, firearm, firearm 129
silencer, or gas gun; 130
(7) An affirmation that the applicant has not been 131
discharged under dishonorable conditions from the United 132
States Armed Forces; 133
(8) An affirmation that the applicant is not adjudged 134
mentally incompetent at the time of application or for five 135
years prior to application, or has not been committed to a 136
mental health facility, as defined in section 632.005, or a 137
similar institution located in another state, except that a 138
person whose release or discharge from a facility in this 139
SB 908 34
state under chapter 632, or a similar discharge from a 140
facility in another state, occurred more than five years ago 141
without subsequent recommitment may apply; 142
(9) An affirmation that the applicant has received 143
firearms safety training that meets the standards of 144
applicant firearms safety training defined in subsection 1 145
or 2 of section 571.111; 146
(10) An affirmation that the applicant, to the 147
applicant's best knowledge and belief, is not the respondent 148
of a valid full order of protection which is still in effect; 149
(11) A conspicuous warning that false statements made 150
by the applicant will result in prosecution for perjury 151
under the laws of the state of Missouri; and 152
(12) A government-issued photo identification. This 153
photograph shall not be included on the permit and shall 154
only be used to verify the person's identity for the 155
issuance of a new permit, issuance of a new permit due to 156
change of name or address, renewal of an extended permit, or 157
for a lost or destroyed permit, or reactivation under 158
subsection 2 of this section. 159
5. An application for a Missouri lifetime or extended 160
concealed carry permit shall be made to the sheriff of the 161
county in which the applicant resides. An application shall 162
be filed in writing, signed under oath and under the 163
penalties of perjury, and shall state whether the applicant 164
complies with each of the requirements specified in 165
subsection 3 of this section. In addition to the completed 166
application, the applicant for a Missouri lifetime or 167
extended concealed carry permit shall also submit the 168
following: 169
SB 908 35
(1) A photocopy of a firearms safety training 170
certificate of completion or other evidence of completion of 171
a firearms safety training course that meets the standards 172
established in subsection 1 or 2 of section 571.111; and 173
(2) A nonrefundable permit fee as provided by 174
subsection 12 of this section. 175
6. (1) Before an application for a Missouri lifetime 176
or extended concealed carry permit is approved, the sheriff 177
shall make only such inquiries as he or she deems necessary 178
into the accuracy of the statements made in the 179
application. The sheriff may require that the applicant 180
display a Missouri driver's license or nondriver's license 181
or military identification. No biometric data shall be 182
collected from the applicant. The sheriff shall conduct an 183
inquiry of the National Instant Criminal Background Check 184
System within three working days after submission of the 185
properly completed application for a Missouri lifetime or 186
extended concealed carry permit. Upon receipt of the 187
completed report from the National Instant Criminal 188
Background Check System, the sheriff shall examine the 189
results and, if no disqualifying information is identified, 190
shall issue a Missouri lifetime or extended concealed carry 191
permit within three working days. 192
(2) In the event the report from the National Instant 193
Criminal Background Check System and the response from the 194
Federal Bureau of Investigation national criminal history 195
record check prescribed by subdivision (1) of this 196
subsection are not completed within forty-five calendar days 197
and no disqualifying information concerning the applicant 198
has otherwise come to the sheriff's attention, the sheriff 199
shall issue a provisional permit, clearly designated on the 200
SB 908 36
certificate as such, which the applicant shall sign in the 201
presence of the sheriff or the sheriff's designee. This 202
permit, when carried with a valid Missouri driver's or 203
nondriver's license, shall permit the applicant to exercise 204
the same rights in accordance with the same conditions as 205
pertain to a Missouri lifetime or extended concealed carry 206
permit issued under this section, provided that it shall not 207
serve as an alternative to a national instant criminal 208
background check required by 18 U.S.C. Section 922(t). The 209
provisional permit shall remain valid until such time as the 210
sheriff either issues or denies the permit under subsection 211
7 or 8 of this section. The sheriff shall revoke a 212
provisional permit issued under this subsection within 213
twenty-four hours of receipt of any report that identifies a 214
disqualifying record, and shall notify the concealed carry 215
permit system established under subsection 5 of section 216
650.350. The revocation of a provisional permit issued 217
under this section shall be prescribed in a manner 218
consistent to the denial and review of an application under 219
subsection 7 of this section. 220
7. The sheriff may refuse to approve an application 221
for a Missouri lifetime or extended concealed carry permit 222
if he or she determines that any of the requirements 223
specified in subsection 3 of this section have not been met, 224
or if he or she has a substantial and demonstrable reason to 225
believe that the applicant has rendered a false statement 226
regarding any of the provisions of sections 571.205 to 227
571.230. If the applicant is found to be ineligible, the 228
sheriff is required to deny the application, and notify the 229
applicant in writing, stating the grounds for denial and 230
informing the applicant of the right to submit, within 231
SB 908 37
thirty days, any additional documentation relating to the 232
grounds of the denial. Upon receiving any additional 233
documentation, the sheriff shall reconsider his or her 234
decision and inform the applicant within thirty days of the 235
result of the reconsideration. The applicant shall further 236
be informed in writing of the right to appeal the denial 237
under section 571.220. After two additional reviews and 238
denials by the sheriff, the person submitting the 239
application shall appeal the denial under section 571.220. 240
8. If the application is approved, the sheriff shall 241
issue a Missouri lifetime or extended concealed carry permit 242
to the applicant within a period not to exceed three working 243
days after his or her approval of the application. The 244
applicant shall sign the Missouri lifetime or extended 245
concealed carry permit in the presence of the sheriff or his 246
or her designee. 247
9. The Missouri lifetime or extended concealed carry 248
permit shall specify only the following information: 249
(1) Name, address, date of birth, gender, height, 250
weight, color of hair, color of eyes, and signature of the 251
permit holder; 252
(2) The signature of the sheriff issuing the permit; 253
(3) The date of issuance; 254
(4) A clear statement indicating that the permit is 255
only valid within the state of Missouri; and 256
(5) If the permit is a Missouri extended concealed 257
carry permit, the expiration date. 258
The permit shall be no larger than two and one-eighth inches 259
wide by three and three-eighths inches long and shall be of 260
a uniform style prescribed by the department of public 261
safety. The permit shall also be assigned a concealed carry 262
SB 908 38
permit system county code and shall be stored in sequential 263
number. 264
10. (1) The sheriff shall keep a record of all 265
applications for a Missouri lifetime or extended concealed 266
carry permit or a provisional permit and his or her action 267
thereon. Any record of an application that is incomplete or 268
denied for any reason shall be kept for a period not to 269
exceed one year. 270
(2) The sheriff shall report the issuance of a 271
Missouri lifetime or extended concealed carry permit or 272
provisional permit to the concealed carry permit system. 273
All information on any such permit that is protected 274
information on any driver's or nondriver's license shall 275
have the same personal protection for purposes of sections 276
571.205 to 571.230. An applicant's status as a holder of a 277
Missouri lifetime or extended concealed carry permit or 278
provisional permit shall not be public information and shall 279
be considered personal protected information. Information 280
retained in the concealed carry permit system under this 281
subsection shall not be distributed to any federal, state, 282
or private entities and shall only be made available for a 283
single entry query of an individual in the event the 284
individual is a subject of interest in an active criminal 285
investigation or is arrested for a crime. A sheriff may 286
access the concealed carry permit system for administrative 287
purposes to issue a permit, verify the accuracy of permit 288
holder information, change the name or address of a permit 289
holder, suspend or revoke a permit, cancel an expired 290
permit, or cancel a permit upon receipt of a certified death 291
certificate for the permit holder. Any person who violates 292
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the provisions of this subdivision by disclosing protected 293
information shall be guilty of a class A misdemeanor. 294
11. Information regarding any holder of a Missouri 295
lifetime or extended concealed carry permit is a closed 296
record. No bulk download or batch data shall be distributed 297
to any federal, state, or private entity, except to MoSMART 298
or a designee thereof. 299
12. For processing an application, the sheriff in each 300
county shall charge a nonrefundable fee not to exceed: 301
(1) Two hundred dollars for a new Missouri extended 302
concealed carry permit that is valid for ten years from the 303
date of issuance or renewal; 304
(2) Two hundred fifty dollars for a new Missouri 305
extended concealed carry permit that is valid for twenty- 306
five years from the date of issuance or renewal; 307
(3) Fifty dollars for a renewal of a Missouri extended 308
concealed carry permit; 309
(4) Five hundred dollars for a Missouri lifetime 310
concealed carry permit, 311
which shall be paid to the treasury of the county to the 312
credit of the sheriff's revolving fund. 313
571.225. 1. Any person who has knowledge that another 1
person, who was issued a Missouri lifetime or extended 2
concealed carry permit under sections 571.205 to 571.230, 3
never was or no longer is eligible for such permit under the 4
criteria established in sections 571.205 to 571.230 may file 5
a petition with the clerk of the small claims court to 6
revoke that person's Missouri lifetime or extended concealed 7
carry permit. The petition shall be in a form substantially 8
similar to the petition for revocation of a Missouri 9
lifetime or extended concealed carry permit provided in this 10
SB 908 40
section. [Appeal] Revocation petition forms shall be 11
provided by the clerk of the small claims court free of 12
charge to any person: 13
14 SMALL CLAIMS COURT
15 In the Circuit Court of ______, Missouri
16 ______, PLAINTIFF
17 )
18 )
19 vs. ) Case Number ______
20 )
21 )
22 ______, DEFENDANT,
23 Lifetime or Extended Carry Permit Holder
24 ______, DEFENDANT,
25 Sheriff of Issuance
26 PETITION FOR REVOCATION OF A
27
28
MISSOURI LIFETIME OR EXTENDED CONCEALED CARRY
PERMIT

29
30
31
32
33
34
35
36
37
Plaintiff states to the court that the
defendant, ______, has a Missouri lifetime or
extended concealed carry permit issued pursuant
to sections 571.205 to 571.230, RSMo, and that
the defendant's Missouri lifetime or extended
concealed carry permit should now be revoked
because the defendant either never was or no
longer is eligible for such a permit pursuant to
the provisions of sections 571.205 to 571.230,

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38
39
40
41
RSMo, specifically plaintiff states that
defendant, ______, never was or no longer is
eligible for such permit or endorsement for one
or more of the following reasons:
42
43
(CHECK BELOW EACH REASON THAT APPLIES TO THIS
DEFENDANT)

44
45
46
47
48
□ Defendant is not at least [nineteen] eighteen
years of age [or at least eighteen years of
age and a member of the United States Armed
Forces or honorably discharged from the United
States Armed Forces].

49
50
□ Defendant is not a citizen or permanent
resident of the United States.

51
52
53
□ Defendant had not resided in this state prior
to issuance of the permit or is not a current
resident of this state.

54
55
56
57
58
59
60
61
62
□ Defendant has pled guilty to or been convicted
of a crime punishable by imprisonment for a
term exceeding two years under the laws of any
state or of the United States other than a
crime classified as a misdemeanor under the
laws of any state and punishable by a term of
imprisonment of one year or less that does not
involve an explosive weapon, firearm, firearm
silencer, or gas gun.

63
64
65
66
67
68
69
70
71
72
□ Defendant has been convicted of, pled guilty
to or entered a plea of nolo contendere to one
or more misdemeanor offenses involving crimes
of violence within a five-year period
immediately preceding application for a
Missouri lifetime or extended concealed carry
permit issued pursuant to sections 571.205 to
571.230, RSMo, or the defendant has been
convicted of two or more misdemeanor offenses
involving driving while under the influence of

SB 908 42
73
74
75
76
77
78
intoxicating liquor or drugs or the possession
or abuse of a controlled substance within a
five-year period immediately preceding
application for a concealed carry permit
issued pursuant to sections 571.205 to
571.230, RSMo.
79
80
81
82
83
84
85
86
87
88
89
□ Defendant is a fugitive from justice or
currently charged in an information or
indictment with the commission of a crime
punishable by imprisonment for a term
exceeding one year under the laws of any state
of the United States other than a crime
classified as a misdemeanor under the laws of
any state and punishable by a term of
imprisonment of two years or less that does
not involve an explosive weapon, firearm,
firearm silencer, or gas gun.

90
91
92
□ Defendant has been discharged under
dishonorable conditions from the United States
Armed Forces.

93
94
95
□ Defendant is reasonably believed by the
sheriff to be a danger to self or others based
on previous, documented pattern.

96
97
98
99
100
101
102
103
104
105
106
107
□ Defendant is adjudged mentally incompetent at
the time of application or for five years
prior to application, or has been committed to
a mental health facility, as defined in
section 632.005, RSMo, or a similar
institution located in another state, except
that a person whose release or discharge from
a facility in this state pursuant to chapter
632, RSMo, or a similar discharge from a
facility in another state, occurred more than
five years ago without subsequent recommitment
may apply.

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2. If at the hearing the plaintiff shows that the 137
defendant was not eligible for the Missouri lifetime or 138
extended concealed carry permit issued under sections 139
571.205 to 571.230 at the time of issuance or renewal or is 140
no longer eligible for a Missouri lifetime or extended 141
108
109
110
111
□ Defendant failed to submit a completed
application for a concealed carry permit
issued pursuant to sections 571.205 to
571.230, RSMo.

112
113
114
115
116
117
118
119
□ Defendant failed to submit to or failed to
clear the required background check. (Note:
This does not apply if the defendant has
submitted to a background check and been
issued a provisional permit pursuant to
subdivision (2) of subsection 6 of section
571.205, RSMo, and the results of the
background check are still pending.)

120
121
122
123
124
□ Defendant failed to submit an affidavit
attesting that the applicant complies with the
concealed carry safety training requirement
pursuant to subsections 1 and 2 of section
571.111, RSMo.

125
126
127
128
□ Defendant is otherwise disqualified from
possessing a firearm pursuant to 18 U.S.C.
Section 922(g) or section 571.070, RSMo,
because ______ (specify reason):

129
130
131
132
133
134
135
The plaintiff subject to penalty for perjury
states that the information contained in this
petition is true and correct to the best of the
plaintiff's knowledge, is reasonably based upon
the petitioner's personal knowledge and is not
primarily intended to harass the
defendant/respondent named herein.

136 __________________ , PLAINTIFF
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concealed carry permit the court shall issue an appropriate 142
order to cause the revocation of the Missouri lifetime or 143
extended concealed carry permit. Costs shall not be 144
assessed against the sheriff. 145
3. The finder of fact, in any action brought against a 146
permit holder under subsection 1 of this section, shall make 147
findings of fact and the court shall make conclusions of law 148
addressing the issues at dispute. If it is determined that 149
the plaintiff in such an action acted without justification 150
or with malice or primarily with an intent to harass the 151
permit holder or that there was no reasonable basis to bring 152
the action, the court shall order the plaintiff to pay the 153
defendant/respondent all reasonable costs incurred in 154
defending the action including, but not limited to, 155
attorney's fees, deposition costs, and lost wages. Once the 156
court determines that the plaintiff is liable to the 157
defendant/respondent for costs and fees, the extent and type 158
of fees and costs to be awarded should be liberally 159
calculated in defendant/respondent's favor. Notwithstanding 160
any other provision of law, reasonable attorney's fees shall 161
be presumed to be at least one hundred fifty dollars per 162
hour. 163
4. Any person aggrieved by any final judgment rendered 164
by a small claims court in a petition for revocation of a 165
Missouri lifetime or extended concealed carry permit may 166
have a right to trial de novo as provided in sections 167
512.180 to 512.320. 168
5. The office of the county sheriff or any employee or 169
agent of the county sheriff shall not be liable for damages 170
in any civil action arising from alleged wrongful or 171
improper granting, renewing, or failure to revoke a Missouri 172
lifetime or extended concealed carry permit issued under 173
SB 908 45
sections 571.205 to 571.230 so long as the sheriff acted in 174
good faith. 175
✓