CONCEALED WEAPONS: THE BILL

Editor's Note: Printed below are sections of the Missouri House Bill 1261 & 964 relating directly to possession of concealed weapons. Although passed by the House, the bill is under deliberation within committee of the Missouri Senate.

H.B. 1261 & 964

Section 2. 1. The sheriff of each county of the state and the sheriff of the city of St. Louis are authorized to issue licenses to carry concealed weapons to persons qualified as provided in this section. For the purposes of this section, "concealed weapons" or "concealed firearms" means any firearm with a barrel less than sixteen inches in length, measured from the face of the bolt or standing breech. Such licenses shall be valid throughout the state for a period of five years from the date of issuance. Any person in compliance with the terms of such license may carry the concealed weapon for which the permit was issued, notwithstanding any provision of chapter 571, RSMo, to the contrary. The licensee shall carry the license or an actual copy thereof, together with valid identification, at all times in which the licensee is in actual possession of the concealed weapon and shall display both the license and proper identification upon demand by a law enforcement officer. Violation of this subsection shall be an infraction.

2. The sheriff shall issue a license pursuant to subsection I of this section if the applicant:

(1) Is a resident of the state and has been a resident for six months or longer immediately preceding the filing of the application;

(2) Is twenty-one years of age or older;

(3) Does not suffer from a physical infirmity which prevents the safe handling of a weapon or firearm;

(4) Is not ineligible to possess a firearm by virtue of having been convicted of a felony;

(5) Has not pled guilty, nolo contendere, or otherwise been found guilty of a violation of chapter 195, RSMo;

(6) Does not chronically or habitually use alcoholic beverages to the extent that his normal faculties are impaired. It shall be presumed that an applicant chronically or habitually uses alcoholic beverages to the extent that his normal faculties are impaired if the applicant is publicly known to be habitually intoxicated or has had two or more convictions or suspended imposition of sentences under section 577.101, 577.012, or 577.023, RSMo, or similar laws of any other state;

(7) Demonstrates competence with the type of firearm for which the license is sought by any one of the following:

(a) Completion of any National Rifle Association firearms safety or training course or completion of any firearms training or safety course or class conducted by a state certified or National Rifle Association certified firearms instructor;

(b) Completion of any firearms safety or training course or class available to the general public offered by a law enforcement, junior college, college, or firearms training school utilizing instructors certified by the National Rifle Association, the state highway patrol, or any other law enforcement organization within the state;

(c) Completion of any law enforcement firearms safety or training course or class offered for security guards, investigators, special deputies, or any division or subdivision of law enforcement or security enforcement.

The courses or classes enumerated in paragraphs (a) to (c) of this subdivision shall include an appropriate review of state laws regarding firearms and shall specifically be oriented towards the safe handling of concealable firearms. A certificate of completion of any of the courses or classes enumerated in paragraphs (a) to (c) of this subdivision or an affidavit from the instructor or school that conducted or taught such course or class attesting to the completion of the course or class by the applicant or a copy of any document which shows completion of the course or class or evidences participation in firearms competition may constitute evidence of qualification under this subdivision;

(8) Has not been adjudged incompetent;

(9) Has not been committed to a mental health facility as defined in section 632.005, RSMo; and

(10) Has not been subject to a suspended imposition of sentence foe violation of any felony.

3. The applicant shall also submit to the sheriff, at the time of making the application, a nonrefundable license fee of one hundred dollars, a portion of which shall be used to conduct a Missouri State and Federal Bureau of Investigation criminal finger print record check on the applicant. Such fee shall be deposited into a special fund separate from all other county or city funds, and shall be appropriated by the governing body of the city or county to the sheriff's department for law enforcement purposes.

4. The sheriff shall, upon being satisfied that the requirements of this section are met, within forty-five days after the receipt of the application, issue the license or refuse to issue the license and state in writing the grounds for such denial. The sheriff may refuse to issue the license based upon good reason to believe the applicant will pose a risk to the community based upon specific and articulable facts concerning past behavior of the applicant supported by sworn written statements. Any refusal to issue such a license pursuant to this section may be appealed pursuant to the appeal procedure enunciated in section 571.090, RSMo. No sheriff shall discriminate against any applicant for a permit to carry a concealed weapon because of the applicant's race, gender, national origin or religion.

5. All licenses issued pursuant to this section shall specify by model and serial number the concealed weapon for which the license is issued.

6. The applicant shall, upon application pursuant to this section, specify on the application the need for a license pursuant to this section. Such need may include, but shall not be limited to, the following:

(1) The license is required as part of the applicant's occupation;

(2) The license is required to ensure the safety and well-being of the applicant due to specific special circumstances;

(3) The applicant fears a specific threat of serious physical injury.

7. The sheriff may revoke any license issued pursuant to this section at any time after issuance thereof for any of the grounds enumerated in this section.

8. In addition to any other locations into which the carrying of a concealed weapon is prohibited by law, it shall be a class C misdemeanor to carry a concealed weapon into any place that sells alcoholic beverages by the drink....

Section 8. 1. Notwithstanding any provision of law to the contrary, the highway patrol shall promulgate rules and regulations concerning the issuance by sheriffs of this state of permits or licenses to carry concealed weapons. Such regulations shall strictly govern the issuance of such permits, be tailored to protect the health, safety, and well being of law abiding citizens of this state, and shall be binding upon the sheriffs of this state when issuing any permit or license to carry a concealed weapon.

2. Regulations promulgated pursuant to subsection 1 of this section shall limit the circumstances under which a sheriff may issue a permit or license to carry a concealed weapon to those instances in which the applicant demonstrates to the satisfaction of the sheriff by emperical, articulable and substantiated evidence that the applicant is or may be placed in a situation in which carrying a concealed weapon is or may be necessary to protect the life, safety, or property of the applicant or the applicant's immediate family.

3. No rule or portion of a rule promulgated under the authority of this section shall become effective until it has been approved by the joint committee on administrative rules. Upon filing any proposed rule with the secretary of state, the highway patrol shall concurrently submit such proposed rule to the committee which may hold hearings upon any proposed rule or portion thereof at any time. In the event the committee disapproves any proposed rule or portion thereof, the committee shall notify the patrol and the secretary of state. If any proposed rule or portion thereof is disapproved by the committee, the secretary of state shall publish in the Missouri Register, as soon as practicable, an order that such rule or portion thereof has been disapproved....