HOUSE BILL NO. 1415 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE SEITZ.
3005H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 571.107 and 571.215, RSMo, and to enact in lieu thereof two new sections relating to the rights of holders of a concealed carry permit or endorsement.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 571.107 and 571.215, RSMo, are repealed and two new sections 2 enacted in lieu thereof, to be known as sections 571.107 and 571.215, to read as follows: 571.107. 1. A concealed carry permit issued pursuant to sections 571.101 to 571.121, 2 a valid concealed carry endorsement issued prior to August 28, 2013, or a concealed carry 3 endorsement or permit issued by another state or political subdivision of another state shall 4 authorize the person in whose name the permit or endorsement is issued to carry concealed 5 firearms on or about his or her person or vehicle throughout the state. No concealed carry 6 permit issued pursuant to sections 571.101 to 571.121, valid concealed carry endorsement 7 issued prior to August 28, 2013, or a concealed carry endorsement or permit issued by another 8 state or political subdivision of another state shall authorize any person to carry concealed 9 firearms into: 10 (1) Any police, sheriff, or highway patrol office or station without the consent of the 11 chief law enforcement officer in charge of that office or station. Possession of a firearm in a 12 vehicle on the premises of the office or station shall not be a criminal offense so long as the 13 firearm is not removed from the vehicle or brandished while the vehicle is on the premises; 14 (2) Within twenty-five feet of any polling place on any election day. Possession of a 15 firearm in a vehicle on the premises of the polling place shall not be a criminal offense so 16 long as the firearm is not removed from the vehicle or brandished while the vehicle is on the 17 premises;
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 1415 2
18 (3) The facility of any adult or juvenile detention or correctional institution, prison or 19 jail. Possession of a firearm in a vehicle on the premises of any adult, juvenile detention, or 20 correctional institution, prison or jail shall not be a criminal offense so long as the firearm is 21 not removed from the vehicle or brandished while the vehicle is on the premises; 22 (4) Any courthouse solely occupied by the circuit, appellate or supreme court, or any 23 courtrooms, administrative offices, libraries or other rooms of any such court whether or not 24 such court solely occupies the building in question. This subdivision shall also include, but 25 not be limited to, any juvenile, family, drug, or other court offices, any room or office wherein 26 any of the courts or offices listed in this subdivision are temporarily conducting any business 27 within the jurisdiction of such courts or offices, and such other locations in such manner as 28 may be specified by supreme court rule pursuant to subdivision (6) of this subsection. 29 Nothing in this subdivision shall preclude those persons listed in subdivision (1) of subsection 30 2 of section 571.030 while within their jurisdiction and on duty, those persons listed in 31 subdivisions (2), (4), and (10) of subsection 2 of section 571.030, or such other persons who 32 serve in a law enforcement capacity for a court as may be specified by supreme court rule 33 pursuant to subdivision (6) of this subsection from carrying a concealed firearm within any of 34 the areas described in this subdivision. Possession of a firearm in a vehicle on the premises of 35 any of the areas listed in this subdivision shall not be a criminal offense so long as the firearm 36 is not removed from the vehicle or brandished while the vehicle is on the premises; 37 (5) Any meeting of the governing body of a unit of local government; or any meeting 38 of the general assembly or a committee of the general assembly, except that nothing in this 39 subdivision shall preclude a member of the body holding a valid concealed carry permit or 40 endorsement from carrying a concealed firearm at a meeting of the body which he or she is a 41 member. Possession of a firearm in a vehicle on the premises shall not be a criminal offense 42 so long as the firearm is not removed from the vehicle or brandished while the vehicle is on 43 the premises. Nothing in this subdivision shall preclude a member of the general assembly, a 44 full-time employee of the general assembly employed under Section 17, Article III, 45 Constitution of Missouri, legislative employees of the general assembly as determined under 46 section 21.155, or statewide elected officials and their employees, holding a valid concealed 47 carry permit or endorsement, from carrying a concealed firearm in the state capitol building 48 or at a meeting whether of the full body of a house of the general assembly or a committee 49 thereof, that is held in the state capitol building; 50 (6) The general assembly, supreme court, county or municipality may by rule, 51 administrative regulation, or ordinance prohibit or limit the carrying of concealed firearms by 52 permit or endorsement holders in that portion of a building owned, leased or controlled by 53 that unit of government. Any portion of a building in which the carrying of concealed 54 firearms is prohibited or limited shall be clearly identified by signs posted at the entrance to HB 1415 3
55 the restricted area. The statute, rule or ordinance shall exempt any building used for public 56 housing by private persons, highways or rest areas, firing ranges, and private dwellings 57 owned, leased, or controlled by that unit of government from any restriction on the carrying 58 or possession of a firearm. The statute, rule or ordinance shall not specify any criminal 59 penalty for its violation but may specify that persons violating the statute, rule or ordinance 60 may be denied entrance to the building, ordered to leave the building and if employees of the 61 unit of government, be subjected to disciplinary measures for violation of the provisions of 62 the statute, rule or ordinance. The provisions of this subdivision shall not apply to any other 63 unit of government; 64 (7) Any establishment licensed to dispense intoxicating liquor for consumption on the 65 premises, which portion is primarily devoted to that purpose, without the consent of the 66 owner or manager. The provisions of this subdivision shall not apply to the licensee of said 67 establishment. The provisions of this subdivision shall not apply to any bona fide restaurant 68 open to the general public having dining facilities for not less than fifty persons and that 69 receives at least fifty-one percent of its gross annual income from the dining facilities by the 70 sale of food. This subdivision does not prohibit the possession of a firearm in a vehicle on the 71 premises of the establishment and shall not be a criminal offense so long as the firearm is not 72 removed from the vehicle or brandished while the vehicle is on the premises. Nothing in this 73 subdivision authorizes any individual who has been issued a concealed carry permit or 74 endorsement to possess any firearm while intoxicated; 75 (8) Any area of an airport to which access is controlled by the inspection of persons 76 and property. Possession of a firearm in a vehicle on the premises of the airport shall not be a 77 criminal offense so long as the firearm is not removed from the vehicle or brandished while 78 the vehicle is on the premises; 79 (9) Any place where the carrying of a firearm is prohibited by federal law; 80 (10) Any higher education institution or elementary or secondary school facility 81 without the consent of the governing body of the higher education institution or a school 82 official or the district school board, unless the person with the concealed carry endorsement or 83 permit is a teacher or administrator of an elementary or secondary school who has been 84 designated by his or her school district as a school protection officer and is carrying a firearm 85 in a school within that district, in which case no consent is required. Possession of a firearm 86 in a vehicle on the premises of any higher education institution or elementary or secondary 87 school facility shall not be a criminal offense so long as the firearm is not removed from the 88 vehicle or brandished while the vehicle is on the premises; 89 (11) Any portion of a building used as a child care facility without the consent of the 90 manager. Nothing in this subdivision shall prevent the operator of a child care facility in a HB 1415 4
91 family home from owning or possessing a firearm or a concealed carry permit or 92 endorsement; 93 (12) Any riverboat gambling operation accessible by the public without the consent 94 of the owner or manager pursuant to rules promulgated by the gaming commission. 95 Possession of a firearm in a vehicle on the premises of a riverboat gambling operation shall 96 not be a criminal offense so long as the firearm is not removed from the vehicle or brandished 97 while the vehicle is on the premises; 98 (13) Any gated area of an amusement park. Possession of a firearm in a vehicle on 99 the premises of the amusement park shall not be a criminal offense so long as the firearm is 100 not removed from the vehicle or brandished while the vehicle is on the premises; 101 (14) Any church or other place of religious worship without the consent of the 102 minister or person or persons representing the religious organization that exercises control 103 over the place of religious worship. Possession of a firearm in a vehicle on the premises shall 104 not be a criminal offense so long as the firearm is not removed from the vehicle or brandished 105 while the vehicle is on the premises; 106 (15) Any private property whose owner has posted the premises as being off-limits to 107 concealed firearms by means of one or more signs displayed in a conspicuous place of a 108 minimum size of eleven inches by fourteen inches with the writing thereon in letters of not 109 less than one inch. The owner, business or commercial lessee, manager of a private business 110 enterprise, or any other organization, entity, or person may prohibit persons holding a 111 concealed carry permit or endorsement from carrying concealed firearms on the premises and 112 may prohibit employees, not authorized by the employer, holding a concealed carry permit or 113 endorsement from carrying concealed firearms on the property of the employer. If the 114 building or the premises are open to the public, the employer of the business enterprise shall 115 post signs on or about the premises if carrying a concealed firearm is prohibited. Possession 116 of a firearm in a vehicle on the premises shall not be a criminal offense so long as the firearm 117 is not removed from the vehicle or brandished while the vehicle is on the premises. An 118 employer may prohibit employees or other persons holding a concealed carry permit or 119 endorsement from carrying a concealed firearm in vehicles owned by the employer; 120 (16) Any sports arena or stadium with a seating capacity of five thousand or more. 121 Possession of a firearm in a vehicle on the premises shall not be a criminal offense so long as 122 the firearm is not removed from the vehicle or brandished while the vehicle is on the 123 premises; 124 (17) Any hospital accessible by the public. Possession of a firearm in a vehicle on the 125 premises of a hospital shall not be a criminal offense so long as the firearm is not removed 126 from the vehicle or brandished while the vehicle is on the premises. HB 1415 5
127 2. Carrying of a concealed firearm in a location specified in subdivisions (1) to (17) 128 of subsection 1 of this section by any individual who holds a concealed carry permit issued 129 pursuant to sections 571.101 to 571.121, or a concealed carry endorsement issued prior to 130 August 28, 2013, shall not be a criminal act but may subject the person to denial to the 131 premises or removal from the premises. If such person refuses to leave the premises and a 132 peace officer is summoned, such person may be issued a citation for an amount not to exceed 133 one hundred dollars for the first offense. If a second citation for a similar violation occurs 134 within a six-month period, such person shall be fined an amount not to exceed two hundred 135 dollars and his or her permit, and, if applicable, endorsement to carry concealed firearms shall 136 be suspended for a period of one year. If a third citation for a similar violation is issued 137 within one year of the first citation, such person shall be fined an amount not to exceed five 138 hundred dollars and shall have his or her concealed carry permit, and, if applicable, 139 endorsement revoked and such person shall not be eligible for a concealed carry permit for a 140 period of three years. Upon conviction of charges arising from a citation issued pursuant to 141 this subsection, the court shall notify the sheriff of the county which issued the concealed 142 carry permit, or, if the person is a holder of a concealed carry endorsement issued prior to 143 August 28, 2013, the court shall notify the sheriff of the county which issued the certificate of 144 qualification for a concealed carry endorsement and the department of revenue. The sheriff 145 shall suspend or revoke the concealed carry permit or, if applicable, the certificate of 146 qualification for a concealed carry endorsement. If the person holds an endorsement, the 147 department of revenue shall issue a notice of such suspension or revocation of the concealed 148 carry endorsement and take action to remove the concealed carry endorsement from the 149 individual's driving record. The director of revenue shall notify the licensee that he or she 150 must apply for a new license pursuant to chapter 302 which does not contain such 151 endorsement. The notice issued by the department of revenue shall be mailed to the last 152 known address shown on the individual's driving record. The notice is deemed received three 153 days after mailing. 154 3. (1) Notwithstanding any provision of this section to the contrary, no 155 homeowners' association, condominium owners' association, property owners' 156 association, master association, or any other similar superordinate entity shall, by 157 rule, policy, covenant, deed, contract, or any other similar instrument or method, 158 infringe upon the right to carry concealed firearms of any person who: 159 (a) Is an owner or occupant of a condominium or house within or under the 160 control, authority, limits, or oversight of any such association or entity; and 161 (b) Is lawfully in possession of a valid concealed carry permit issued under 162 sections 571.101 to 571.121, a concealed carry endorsement issued prior to August 28, HB 1415 6
163 2013, or a valid concealed carry permit or endorsement issued by another state or a 164 political subdivision of another state. 165 (2) The prohibition on any infringement on the right to carry concealed firearms 166 described in subdivision (1) of this subsection shall extend to privately owned property, 167 common elements, limited common elements, parking areas, and all ingress and egress 168 routes, paths, and areas regardless of use, purpose, activity, necessity, convenience, or 169 alternative. 571.215. 1. A Missouri lifetime or extended concealed carry permit issued under 2 sections 571.205 to 571.230 shall authorize the person in whose name the permit is issued to 3 carry concealed firearms on or about his or her person or vehicle throughout the state. No 4 Missouri lifetime or extended concealed carry permit shall authorize any person to carry 5 concealed firearms into: 6 (1) Any police, sheriff, or highway patrol office or station without the consent of the 7 chief law enforcement officer in charge of that office or station. Possession of a firearm in a 8 vehicle on the premises of the office or station shall not be a criminal offense so long as the 9 firearm is not removed from the vehicle or brandished while the vehicle is on the premises; 10 (2) Within twenty-five feet of any polling place on any election day. Possession of a 11 firearm in a vehicle on the premises of the polling place shall not be a criminal offense so 12 long as the firearm is not removed from the vehicle or brandished while the vehicle is on the 13 premises; 14 (3) The facility of any adult or juvenile detention or correctional institution, prison or 15 jail. Possession of a firearm in a vehicle on the premises of any adult, juvenile detention, or 16 correctional institution, prison or jail shall not be a criminal offense so long as the firearm is 17 not removed from the vehicle or brandished while the vehicle is on the premises; 18 (4) Any courthouse solely occupied by the circuit, appellate or supreme court, or any 19 courtrooms, administrative offices, libraries, or other rooms of any such court whether or not 20 such court solely occupies the building in question. This subdivision shall also include, but 21 not be limited to, any juvenile, family, drug, or other court offices, any room or office wherein 22 any of the courts or offices listed in this subdivision are temporarily conducting any business 23 within the jurisdiction of such courts or offices, and such other locations in such manner as 24 may be specified by supreme court rule under subdivision (6) of this subsection. Nothing in 25 this subdivision shall preclude those persons listed in subdivision (1) of subsection 2 of 26 section 571.030 while within their jurisdiction and on duty, those persons listed in 27 subdivisions (2), (4), and (10) of subsection 2 of section 571.030, or such other persons who 28 serve in a law enforcement capacity for a court as may be specified by supreme court rule 29 under subdivision (6) of this subsection from carrying a concealed firearm within any of the 30 areas described in this subdivision. Possession of a firearm in a vehicle on the premises of HB 1415 7
31 any of the areas listed in this subdivision shall not be a criminal offense so long as the firearm 32 is not removed from the vehicle or brandished while the vehicle is on the premises; 33 (5) Any meeting of the governing body of a unit of local government, or any