SB 0629 Allows voters to authorize carrying concealed weapons
LR Number:2196S.01I Fiscal Note:2196-01
Committee:Civil and Criminal Jurisprudence
Last Action:03/14/01 - Hearing Conducted S Civil & Criminal Jurisprudence Journal page:
Effective Date:voter approval
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Current Bill Summary

SB 629 - This act revises various laws regarding concealable firearms. A person commits the crime of unlawful use of a weapon by carrying a concealed firearm without a permit. The permit may be issued by another state or a subdivision of another state, if the Department of Public Safety determines that the requirements are equivalent to those of Missouri. Peace officers are exempted from certain criminal provisions, whether they are within or outside of their jurisdiction or on or off duty. The prohibitions against discharging a firearm into a dwelling or within 100 yards of a school, courthouse or church, or exhibiting a weapon in an angry manner, do not apply to persons acting in self-defense.

A person commits the crime of unlawful possession of a concealable firearm if he has been formally adjudicated in the juvenile division of the circuit court of any offense which, if committed by an adult, would have been a dangerous felony, as defined in section 556.061, RSMo, or murder in the first degree, if a concealable firearm was used in the commission of such offense.

A permit to carry a concealed firearm will be issued by the Highway Patrol if the applicant: (1) is at least 21 years of age, a U.S. citizen, and a resident of this state for at least 6 months; (2) has not pled guilty to or been convicted of a crime; (3) is not a fugitive from justice for felony charges anywhere in the United States; (4) has not been dishonorably discharged from the armed services; (5) is not frequently intoxicated by alcohol or a known controlled substance abuser; (6) has not been deemed mentally incompetent or mentally ill; (7) has not exhibited violent behavior towards others, except in self-defense; and (8) 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 Highway Patrol shall conduct a criminal background check when a person applies for a permit to carry a conceal weapon. A permit shall be valid for three years. A permit fee shall be $80, and a renewal fee shall be $35. The Highway Patrol shall keep a record of all applicants, and report issuance of permits to MULES. Anyone denied a permit shall receive written reasons for the denial, and may appeal the denial within 30 days.

Anyone may post clearly visible signs prohibiting concealed weapons on private property, and a violation shall be a trespass. The third such violation within a 5-year period shall be a Class C misdemeanor, the violator's permit shall be revoked, and the violator shall not be eligible to reapply for 3 years.

Any competent person, age 21 or older, may file a sworn affidavit in small claims court alleging that a person who has been issued a permit to carry a concealed firearm is in violation of permit requirements. Such allegations include, but are not limited to, stalking, domestic violence or reckless endangerment with a firearm. The court may suspend or revoke a permit if the permit holder is determined to be in noncompliance. A referendum is set for November, 2002. The act specifies the ballot title.