LEGISLATIVE REPORT: A CONCEAL AND CARRY REFERENDUM UPDATE

The General Assembly passed several bills this year concerning conceal carry and law enforcement officers. Forty some states now have a conceal carry of firearms law. The interesting this is that crime against individuals has gone down considerably in the states that have passed conceal carry.

We have had support in the House and Senate for years to pass a conceal carry law, but the threat of the governor's veto has kept us from passing it.

This year did pass House Bill 1891 that would allow for a conceal carry referendum that would be voted on by the people in April 1999.

We will be the first state that had to go to a referendum for conceal carry as this was the only way we could pass the bill bypassing the governor's threat of a veto. NRA and other gun lobbyists have approved going this route and feel there is ample support for this referendum to pass.

A permit to carry a concealed firearm will be issued by the sheriff in the county. An applicant must be 21 years of age, a US citizen and resident of the state for at least six months, has not pleaded guilty to a felony or misdemeanor involving a firearm or an explosive weapon. Is not a fugitive from justice on felony charges anywhere in the United States, has not been dishonorably discharged from the armed services, is not frequently intoxicated by alcohol, or a known controlled substance abuser, has not been deemed mentally incompetent or mentally ill, has shown a knowledge of handgun safety by completion of a minimum of 12 hours of handgun safety training approved by the Department of Public Safety.

The sheriff will conduct a criminal background check with the Highway Patrol. The Department of Public Safety is required to establish a statewide uniform permit to be issued by the county sheriff. All permit renewals must be done in the county where the permit was issued.

Senate Bill 478 clarifies that probation and parole officers, supervisors and board members may carry a firearm 24 hours per day.

These officers, supervisors and board members are not required to carry a weapon unless they choose to do so. If they choose to carry a weapon, they must purchase it themselves and they must then undergo training and be certified just like any other law enforcement officer who carries a weapon.

They must also be recertified every year. It is important for these folks to be allowed to carry weapons because they are on-call 24 hours per day and their jobs require them to be out in the community meeting with parolees in what are sometimes dangerous situations.

So far, 321 officers, supervisors and board members have been certified to carry weapons. There are 1,150 employees who are eligible.

Senate Bill 496 exempts antique firearms and curio or relic firearms from the law which requires that you get a permit from local law enforcement prior to purchasing them. The bill also defines an antique firearm as one manufactured before 1898 which is not designed or redesigned for using rim fire or conventional fire ignition and the ammunition must no longer be manufactured. A curio or relic firearm is one that has value only to a collector because of its unique design, ignition system, is at least 50 years old, is associated with a historical event, person or major war. These firearms must not be capable of being used as weapons.

Senate Bill 659 removes deputy sheriffs from the list of employees who serve at the pleasure of the elected sheriff. This means that after an election if a new sheriff takes office, he will not be allowed to dismiss the rank-and-file deputies without cause and replace them with deputies of his choosing.

Any full-time deputy who is dismissed is to be given a written explanation of the grounds of dismissal. The deputy may then submit a written request to the sheriff farm for an appeal within three working days.

The sheriff is then required to appoint a hearing board to conduct a closed hearing within 30 days after receiving the request from the deputy. The hearing board must then submit a written report to the sheriff. The sheriff still makes the final decision concerning the deputy's job status. This bill does not apply to any officer with the rank of lieutenant and above or any chief deputy nor any other employees.

If you would like copies of these bills, please contact me at Capitol Office/Room 203 A/201 West Capitol Avenue/Jefferson City, MO 65101 or call 573-751-6662. Or contact the district office at 2835 County Road 435/Jackson, MO 63755 or call 573-243-5966.

Rep. David Schwab represents the 157th district