SB 0560 Authorizes permits for concealable weapons
LR Number:2126S.01I Fiscal Note:2126-01
Committee:Civil and Criminal Jurisprudence
Last Action:03/14/01 - Hearing Cancelled S Civil & Criminal Jurisprudence Journal page:
Effective Date:August 28, 2001
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Current Bill Summary

SB 560 - This act authorizes a permit for carrying a concealed weapon. The act exempts any person transporting a concealable firearm in the passenger compartment of a motor vehicle from the crime of unlawful use of a weapon, if the person is at least twenty-one years of age and otherwise lawfully possesses the firearm and it is not carried on the person. The act exempts peace officers whether within or outside their jurisdiction, or on or off duty.

The sheriff of each county is authorized to issue permits to carry concealed firearms to qualified persons. Permits shall be valid for three years. A permit shall be issued if the applicant is at twenty-one years of age, a U.S. citizen and has resided in this state for at least six months, and meets certain other conditions including that the person has not pled guilty to or been convicted of a crime punishable by a term exceeding one year other than certain misdemeanors, is not a fugitive from justice, is not publicly known to be habitually drunk and is not adjudged mentally incompetent.

An applicant must demonstrate a need for a permit to carry concealed weapons, such as submitting an affidavit attesting that the applicant is a retired certified peace officer, a business owner who routinely makes bank deposits, is employed as a bail bondsman, currently resides in a high crime area, or is responsible for the care and safety of others. The act establishes requirements for the application and applicable fees. Before approving any application, the sheriff shall make only such inquiries as he or she deems necessary as to the accuracy of the statements. The sheriff shall approve or disapprove the application within 30 business days.

If the applicant is found to be ineligible or to have provided false information, the sheriff shall deny the application in writing, stating the grounds for the denial and informing the applicant of the right to submit additional information within 30 days. If the application is approved, the sheriff shall issue a permit within 7 business days. The act provides for an appeal process from the denial of or refusal to act on an application.

A permit shall be suspended or revoked if the permit holder becomes ineligible. The permit holder shall surrender the permit if an order of protection is issued against the holder, and the permit shall be suspended until the order is terminated. The act provides a procedure for renewing a license.

No permit shall authorize any person to carry concealed weapons into certain places, including any law enforcement office without the consent of the chief officer in charge, any polling place on an election day, an adult or juvenile detention facility or correctional center, any courthouse, any governmental meeting, any portion of a drinking establishment that is used for that purpose, any school, church or riverboat gambling operation, and any private property whose owner has posted a notice. A violation of these provisions is not a criminal act, but may subject the permit holder to removal from the premises. Repeated violations are punishable by fines.

An applicant shall demonstrate knowledge of firearm safety training. The act outlines basic requirements of the 12-hour firearm safety course, including a written test and a live fire test. Failure to carry a permit at all times while carrying a concealed firearm is punishable by a citation, not to exceed thirty-five dollars.