SB 1117 - This act modifies provisions relating to public safety. POSSESSION OF FIREARM BY AN EMPLOYEE (Section 290.148)
This act provides that no employer shall discharge or otherwise terminate any employee on the basis of such employee having a firearm in the employee's vehicle.
Additionally, an employer shall not be civilly liable for any injuries or damages resulting from the use of firearms that are stored in compliance with this act.
This provision is identical to HB 28 (2023).
PRESUMPTION OF REASONABLENESS (Section 563.031)
Under current law, a person may use deadly force against a person who unlawfully enters or attempts to unlawfully enter a dwelling, residence, or vehicle lawfully occupied by such person. This act adds that a person may also use deadly force against a person who unlawfully enters a place of employment, retail establishment, or other place of business in which the individual using such force has a right to be.
Additionally, under current law, the defendant has the burden to prove he or she reasonably believed physical or deadly force was necessary to protect him or herself or a third person.
This act provides that there shall be a presumption of reasonableness that the defendant believed such force was necessary to defend him or herself or a third person.
This provision is identical to SB 43 (2023), SB 262 (2023), SB 1134 (2022), HB 2679 (2022), SB 104 (2022), and SB 666 (2022).
IMMUNITY FROM LIABILITY (Section 563.085 & 563.016)
This act provides that a person who uses or threatens to use force in self-defense is immune from criminal prosecution and civil action for the use of such force, unless such force was used against a law enforcement officer who was acting in the performance of his or her official duties and the person reasonably knew or should have known that the person was a law enforcement officer.
Additionally, a law enforcement agency may use standard procedures for investigating the use or threatened use of force, but the agency may not arrest the person for using or threatening to use force unless the agency determines that there is probable cause that the force that was used or threatened was unlawful.
This act provides that the defendant can raise a claim of self-defense during a pre-trial hearing in either a criminal or civil case which shall shift the burden on the party seeking to overcome the immunity by proof of clear and convincing evidence.
Finally, this act repeals provisions relating to civil remedies that are unaffected by criminal provisions of self-defense law.
This provision is identical to SB 43 (2023), SB 104 (2022), and SB 666 (2022).
FEDERAL AND STATE FIREARM LAWS (Sections 571.010 & 571.020)
This act repeals provisions relating to the definition of "rifle" and repeals provisions relating to references to federal law.
Additionally, this act provides that a person does not commit the offense of knowingly possessing or selling a firearm if he or she was acting lawfully according to any state law.
Finally, this act repeals the prohibition on the possession and selling of brass knuckles.
These provisions are identical to provisions in the perfected HCS/HB 301 (2023) and HB 1223 (2022).
UNLAWFUL USE OF CONCEALED WEAPONS (SECTION 571.030)
Under this act, unless a person is issued a valid concealed carry permit, a person commits the offense of unlawful use of a weapon if a person knowingly carries a concealed weapon into:
• Any public higher education institution without the consent of the governing body of the institution;
• Any public elementary or secondary school facility without the consent of a school officials or the district school board, unless the person is a designated school protection officer;
• Any school bus or on any premises of any school sponsored function, unless the weapon is possessed by an adult and is required in order to facilitate the school sanctioned firearm event;
• Any police, sheriff, or highway patrol station without the consent of the chief law enforcement officer of that station;
• Any jail, prison, or correctional institution;
• Any building that is solely occupied by a court, except certain certified law enforcement officers and any person who has a valid concealed carry permit and consent of the presiding judge;
• Any meeting, including committee meeting, of the General Assembly, unless the person carrying the firearm has a valid concealed carry permit;
• Any area of an airport that is controlled by a search of a person and their property;
• Anywhere carrying a firearm is prohibited by federal law;
• Any private property where the owner has posted certain signs stating the property is off-limits to concealed firearms; and
• Any arena or stadium with a seating capacity of five thousand or more that is managed or leased by a private entity.
This act repeals provisions prohibiting the possession of a concealed firearm in places of worship, any election precinct on any election day, and certain buildings owned or occupied by the state and federal government, or any political subdivision. This act also decriminalizes the offense of carrying a concealed weapon onto any private property without consent of the owner.
Finally, this act provides that the offense of unlawful use of a concealed weapon does not include the storage of a firearm in a vehicle, except where prohibited by federal law, so long as the firearm remains stored in the vehicle and is not at anytime brandished.
This provision is identical to a provision in SB 566 (2023) and HB 2666 (2023) and substantially similar to SB 752 (2022), SB 117 (2021), SB 663 (2020), SB 121 (2019), HB 258 (2019), HB 1936 (2018), and HB 630 (2017).
BUSINESS LIABILITY (Section 571.069)
This act provides that any business whose annual gross volume sales made is more than $500,000 that elects to prohibit the possession of firearms on its premises shall assume custodial responsibility for the safety of any person authorized to carry firearms while on the premises of the business. This includes the explicit duty to guard such persons against criminal or harmful acts committed by a third party, including trespassers, employees, customers, or other invitees of the business.
If a person authorized to carry a firearm suffers bodily injury, death, or property damage, the person shall have a cause of action against the business. The plaintiff shall be entitled to actual damages, attorney's fees, and other court costs if he or she proves by the preponderance of the evidence that the business's prohibition of firearms was the proximate cause of the damages. The plaintiff has two years from the date of the damage to bring a claim.
Finally, a business shall have immunity from liability if the business elects to allow invitees and employees to lawfully possess firearms on its premises.
This provision is substantially similar to SB 225 (2023) and HB 2538 (2023).
RESIDENCY REQUIREMENTS FOR CONCEALED CARRY PERMITS (Sections 571.101, 571.104, 571.210, & 571.205)
Under current law, an applicant for a concealed carry permit shall submit his or her application to the sheriff of the county or city in which the applicant resides. Additionally, if the applicant changes residency he or she must notify the sheriff of his or her new residency within 30 days of the change of address.
This act repeals those provisions and provides that an applicant can submit his or her application to any sheriff in this state.
Finally, if a concealed carry permit expires during a declared state of emergency, the permit shall continue to be valid until the state of emergency has been rescinded.
CONCEALED CARRY PERMITS (SECTION 571.107 & 571.215)
This act repeals provisions that prohibit someone with a valid concealed carry permit from carrying a concealed weapon in the following locations:
• Any polling place on any election day;
• Any meeting of the governing body of a unit of local government or the General Assembly;
• Any establishment that serves intoxicating liquors;
• Any higher education institution;
• Any portion of a building that has a child care facility;
• Any riverboat gambling facility;
• Any gated amusement park;
• Any church or other place of religious worship; and
• Any hospital accessible to the public.
This provision is identical to a provision in SB 566 (2023) and HB 2666 (2023) and substantially similar to SB 752 (2022), SB 117 (2021), SB 663 (2020), SB 121 (2019), HB 258 (2019), HB 1936 (2018), and HB 630 (2017).
PUBLIC EMPLOYEES WITH CONCEALED CARRY PERMITS(SECTION 571.108 and 571.109)
This act prohibits the state or any county, municipality or other political subdivision from imposing any ordinance, rule, policy, contractual agreement, or employment agreement restricting an employee with a valid concealed carry permit from carrying a concealed weapon.
Additionally, no public higher education institution shall impose any contractual requirement upon any employee or student that generally prohibits or has the effect of generally prohibiting the lawful possession of firearms by such persons or impose any tax or fee on the lawful possession of firearms.
This provision is identical to a provision in SB 566 (2023) and HB 2666 (2023) and substantially similar to SB 752 (2022), SB 117 (2021), SB 663 (2020), SB 121 (2019), HB 258 (2019), HB 1936 (2018), and HB 630 (2017).
WEAPONS IN BUS TERMINALS (SECTIONS 577.703 & 577.712)
Finally, this act repeals the offense of possession and concealment of a dangerous or deadly weapon upon a bus and
repeals provisions that made it unlawful for someone to possess a deadly or dangerous weapon in a bus terminal.
This provision is identical to a provision in SB 566 (2023) and HB 2666 (2023) and substantially similar to SB 752 (2022), SB 117 (2021), SB 663 (2020), SB 121 (2019), HB 258 (2019), HB 1936 (2018), and HB 630 (2017).
MARY GRACE PRINGLE