HOUSE BILL NO. 2135 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE TITUS.
5342H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 571.101, 571.104, 571.117, 571.205, and 571.225, RSMo, and to enact in lieu thereof five new sections relating to concealed carry permits, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 571.101, 571.104, 571.117, 571.205, and 571.225, RSMo, are 2 repealed and five new sections enacted in lieu thereof, to be known as sections 571.101, 3 571.104, 571.117, 571.205, and 571.225, to read as follows: 571.101. 1. All applicants for concealed carry permits issued pursuant to subsection 2 7 of this section must satisfy the requirements of sections 571.101 to 571.121. If the said 3 applicant can show qualification as provided by sections 571.101 to 571.121, the county or 4 city sheriff shall issue a concealed carry permit authorizing the carrying of a concealed 5 firearm on or about the applicant's person or within a vehicle. A concealed carry permit shall 6 be valid from the date of issuance or renewal until five years from the last day of the month in 7 which the permit was issued or renewed. The concealed carry permit is valid throughout this 8 state. Although the permit is considered valid in the state, a person who fails to renew his or 9 her permit within five years from the date of issuance or renewal shall not be eligible for an 10 exception to a National Instant Criminal Background Check under federal regulations 11 currently codified under 27 CFR 478.102(d), relating to the transfer, sale, or delivery of 12 firearms from licensed dealers. A concealed carry endorsement issued prior to August 28, 13 2013, shall continue from the date of issuance or renewal until three years from the last day of 14 the month in which the endorsement was issued or renewed to authorize the carrying of a
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 2135 2
15 concealed firearm on or about the applicant's person or within a vehicle in the same manner as 16 a concealed carry permit issued under subsection 7 of this section on or after August 28, 2013. 17 2. A concealed carry permit issued pursuant to subsection 7 of this section shall be 18 issued by the sheriff or his or her designee of the county or city in which the applicant resides, 19 if the applicant: 20 (1) Is [at least nineteen] eighteen years of age or older, is a citizen or permanent 21 resident of the United States, and either: 22 (a) Has assumed residency in this state; or 23 (b) Is a member of the Armed Forces of the United States stationed in Missouri[,] or 24 the spouse of such member of the military; 25 (2) [Is at least nineteen years of age, or is at least eighteen years of age and a member 26 of the United States Armed Forces or honorably discharged from the United States Armed 27 Forces, and is a citizen of the United States and either: 28 (a) Has assumed residency in this state; 29 (b) Is a member of the Armed Forces stationed in Missouri; or 30 (c) The spouse of such member of the military stationed in Missouri and nineteen 31 years of age; 32 (3)] Has not pled guilty to or entered a plea of nolo contendere or been convicted of a 33 crime punishable by imprisonment for a term exceeding one year under the laws of any state 34 or of the United States other than a crime classified as a misdemeanor under the laws of any 35 state and punishable by a term of imprisonment of two years or less that does not involve an 36 explosive weapon, firearm, firearm silencer or gas gun; 37 [(4)] (3) Has not been convicted of, pled guilty to or entered a plea of nolo contendere 38 to one or more misdemeanor offenses involving crimes of violence within a five-year period 39 immediately preceding application for a concealed carry permit or if the applicant has not 40 been convicted of two or more misdemeanor offenses involving driving while under the 41 influence of intoxicating liquor or drugs or the possession or abuse of a controlled substance 42 within a five-year period immediately preceding application for a concealed carry permit; 43 [(5)] (4) Is not a fugitive from justice or currently charged in an information or 44 indictment with the commission of a crime punishable by imprisonment for a term exceeding 45 one year under the laws of any state of the United States other than a crime classified as a 46 misdemeanor under the laws of any state and punishable by a term of imprisonment of two 47 years or less that does not involve an explosive weapon, firearm, firearm silencer, or gas gun; 48 [(6)] (5) Has not been discharged under dishonorable conditions from the United 49 States Armed Forces; HB 2135 3
50 [(7)] (6) Has not engaged in a pattern of behavior, documented in public or closed 51 records, that causes the sheriff to have a reasonable belief that the applicant presents a danger 52 to himself or herself or others; 53 [(8)] (7) Is not adjudged mentally incompetent at the time of application or for five 54 years prior to application, or has not been committed to a mental health facility, as defined in 55 section 632.005, or a similar institution located in another state following a hearing at which 56 the defendant was represented by counsel or a representative; 57 [(9)] (8) Submits a completed application for a permit as described in subsection 3 of 58 this section; 59 [(10)] (9) Submits an affidavit attesting that the applicant complies with the 60 concealed carry safety training requirement pursuant to subsections 1 and 2 of section 61 571.111; 62 [(11)] (10) Is not the respondent of a valid full order of protection which is still in 63 effect; and 64 [(12)] (11) Is not otherwise prohibited from possessing a firearm under section 65 571.070 or 18 U.S.C. Section 922(g). 66 3. The application for a concealed carry permit issued by the sheriff of the county of 67 the applicant's residence shall contain only the following information: 68 (1) The applicant's name, address, telephone number, gender, date and place of birth, 69 and, if the applicant is not a United States citizen, the applicant's country of citizenship and 70 any alien or admission number issued by the Federal Bureau of Customs and Immigration 71 Enforcement or any successor agency; 72 (2) An affirmation that the applicant has assumed residency in Missouri or is a 73 member of the Armed Forces of the United States stationed in Missouri or the spouse of 74 such a member of the Armed Forces of the United States and is a citizen or permanent 75 resident of the United States; 76 (3) An affirmation that the applicant is [at least nineteen years of age or is] eighteen 77 years of age or older [and a member of the United States Armed Forces or honorably 78 discharged from the United States Armed Forces]; 79 (4) An affirmation that the applicant has not pled guilty to or been convicted of a 80 crime punishable by imprisonment for a term exceeding one year under the laws of any state 81 or of the United States other than a crime classified as a misdemeanor under the laws of any 82 state and punishable by a term of imprisonment of two years or less that does not involve an 83 explosive weapon, firearm, firearm silencer, or gas gun; 84 (5) An affirmation that the applicant has not been convicted of, pled guilty to, or 85 entered a plea of nolo contendere to one or more misdemeanor offenses involving crimes of 86 violence within a five-year period immediately preceding application for a permit or if the HB 2135 4
87 applicant has not been convicted of two or more misdemeanor offenses involving driving 88 while under the influence of intoxicating liquor or drugs or the possession or abuse of a 89 controlled substance within a five-year period immediately preceding application for a 90 permit; 91 (6) An affirmation that the applicant is not a fugitive from justice or currently charged 92 in an information or indictment with the commission of a crime punishable by imprisonment 93 for a term exceeding one year under the laws of any state or of the United States other than a 94 crime classified as a misdemeanor under the laws of any state and punishable by a term of 95 imprisonment of two years or less that does not involve an explosive weapon, firearm, firearm 96 silencer or gas gun; 97 (7) An affirmation that the applicant has not been discharged under dishonorable 98 conditions from the United States Armed Forces; 99 (8) An affirmation that the applicant is not adjudged mentally incompetent at the time 100 of application or for five years prior to application, or has not been committed to a mental 101 health facility, as defined in section 632.005, or a similar institution located in another state, 102 except that a person whose release or discharge from a facility in this state pursuant to chapter 103 632, or a similar discharge from a facility in another state, occurred more than five years ago 104 without subsequent recommitment may apply; 105 (9) An affirmation that the applicant has received firearms safety training that meets 106 the standards of applicant firearms safety training defined in subsection 1 or 2 of section 107 571.111; 108 (10) An affirmation that the applicant, to the applicant's best knowledge and belief, is 109 not the respondent of a valid full order of protection which is still in effect; 110 (11) A conspicuous warning that false statements made by the applicant will result in 111 prosecution for perjury pursuant to the laws of the state of Missouri; and 112 (12) A government-issued photo identification. This photograph shall not be 113 included on the permit and shall only be used to verify the person's identity for permit 114 renewal, or for the issuance of a new permit due to change of address, or for a lost or 115 destroyed permit. 116 4. An application for a concealed carry permit shall be made to the sheriff of the 117 county or any city not within a county in which the applicant resides. An application shall be 118 filed in writing, signed under oath and under the penalties of perjury, and shall state whether 119 the applicant complies with each of the requirements specified in subsection 2 of this section. 120 In addition to the completed application, the applicant for a concealed carry permit must also 121 submit the following: HB 2135 5
122 (1) A photocopy of a firearms safety training certificate of completion or other 123 evidence of completion of a firearms safety training course that meets the standards 124 established in subsection 1 or 2 of section 571.111; and 125 (2) A nonrefundable permit fee as provided by subsection 11 or 12 of this section. 126 5. (1) Before an application for a concealed carry permit is approved, the sheriff shall 127 make only such inquiries as he or she deems necessary into the accuracy of the statements 128 made in the application. The sheriff may require that the applicant display a Missouri driver's 129 license or nondriver's license or military identification and orders showing the person being 130 stationed in Missouri. In order to determine the applicant's suitability for a concealed carry 131 permit, the applicant shall be fingerprinted. No other biometric data shall be collected from 132 the applicant. The sheriff shall conduct an inquiry of the National Instant Criminal 133 Background Check System within three working days after submission of the properly 134 completed application for a concealed carry permit. If no disqualifying record is identified by 135 these checks at the state level, the fingerprints shall be forwarded to the Federal Bureau of 136 Investigation for a national criminal history record check. Upon receipt of the completed 137 report from the National Instant Criminal Background Check System and the response from 138 the Federal Bureau of Investigation national criminal history record check, the sheriff shall 139 examine the results and, if no disqualifying information is identified, shall issue a concealed 140 carry permit within three working days. 141 (2) In the event the report from the National Instant Criminal Background Check 142 System and the response from the Federal Bureau of Investigation national criminal history 143 record check prescribed by subdivision (1) of this subsection are not completed within forty- 144 five calendar days and no disqualifying information concerning the applicant has otherwise 145 come to the sheriff's attention, the sheriff shall issue a provisional permit, clearly designated 146 on the certificate as such, which the applicant shall sign in the presence of the sheriff or the 147 sheriff's designee. This permit, when carried with a valid Missouri driver's or nondriver's 148 license or a valid military identification, shall permit the applicant to exercise the same rights 149 in accordance with the same conditions as pertain to a concealed carry permit issued under 150 this section, provided that it shall not serve as an alternative to an national instant criminal 151 background check required by 18 U.S.C. Section 922(t). The provisional permit shall remain 152 valid until such time as the sheriff either issues or denies the certificate of qualification under 153 subsection 6 or 7 of this section. The sheriff shall revoke a provisional permit issued under 154 this subsection within twenty-four hours of receipt of any report that identifies a disqualifying 155 record, and shall notify the concealed carry permit system established under subsection 5 of 156 section 650.350. The revocation of a provisional permit issued under this section shall be 157 proscribed in a manner consistent to the denial and review of an application under subsection 158 6 of this section. HB 2135 6
159 6. The sheriff may refuse to approve an application for a concealed carry permit if he 160 or she determines that any of the requirements specified in subsection 2 of this section have 161 not been met, or if he or she has a substantial and demonstrable reason to believe that the 162 applicant has rendered a false statement regarding any of the provisions of sections 571.101 163 to 571.121. If the applicant is found to be ineligible, the sheriff is required to deny the 164 application, and notify the applicant in writing, stating the grounds for denial and informing 165 the applicant of the right to submit, within thirty days, any additional documentation relating 166 to the grounds of the denial. Upon receiving any additional documentation, the sheriff shall 167 reconsider his or her decision and inform the applicant within thirty days of the result of the 168 reconsideration. The applicant shall further be informed in writing of the right to appeal the 169 denial pursuant to subsections 2, 3, 4, and 5 of section 571.114. After two additional reviews 170 and denials by the sheriff, the person submitting the application shall appeal the denial 171 pursuant to subsections 2, 3, 4, and 5 of section 571.114. 172 7. If the application is approved, the sheriff shall issue a concealed carry permit to the 173 applicant within a period not to exceed three working days after his or her approval of the 174 application. The applicant shall sign the concealed carry permit in the presence of the sheriff 175 or his or her designee. 176 8. The concealed carry permit shall specify only the following information: 177 (1) Name, address, date of birth, gender, height, weight, color of hair, color of eyes, 178 and signature of the permit holder; 179 (2) The signature of the sheriff issuing the permit; 180 (3) The date of issuance; and 181 (4) The expiration date. 182 183 The permit shall be no larger than two and one-eighth inches wide by three and three-eighths 184 inches long and shall be of a uniform style prescribed by the department of public safety. The 185 permit shall also be assigned a concealed carry permit system county code and shall be stored 186 in sequential number. 187 9. (1) The sheriff shall keep a record of all applications for a concealed carry permit 188 or a provisional permit and his or her action thereon. Any record of an application that is 189 incomplete or denied for any reason shall be kept for a period not to exceed one year. Any 190 record of an application that was approved shall be kept for a period of one year after the 191 expiration and nonrenewal of the permit. 192 (2) The sheriff shall report the issuance of a concealed carry permit or provisional 193 permit to the concealed carry permit system. All information on any such permit that is 194 protected information on any driver's or nondriver's license shall have the same personal 195 protection for purposes of sections 571.101 to 571.121. An applicant's status as a holder of a HB 2135 7
196 concealed carry permit, provisional permit, or a concealed carry endorsement issued prior to 197 August 28, 2013, shall not be public information and shall be considered personal protected 198 information. Information retained in the concealed carry permit system under this subsection 199 shall not be distributed to any federal, state, or private entities and shall only be made 200 available for a single entry query of an individual in the event the individual is a subject of 201 interest in an active criminal investigation or is arrested for a crime. A sheriff may access the 202 concealed carry permit system for administrative purposes to issue a permit, verify the 203 accuracy of permit holder information, change the name or address of a permit holder, 204 suspend or revoke a permit, cancel an expired permit, or cancel a permit upon receipt of a 205 certified death certificate for the permit holder. Any person who violates the provisions of 206 this subdivision by disclosing protected information shall be guilty of a class A misdemeanor. 207 10. Information regarding any holder of a concealed carry permit, or a concealed 208 carry endorsement issued prior to August 28, 2013, is a closed record. No bulk download or 209 batch data shall be distributed to any federal, state, or private entity, except to MoSMART or a 210 designee thereof. Any state agency that has retained any documents or records, including 211 fingerprint records provided by an applicant for a concealed carry endorsement prior to 212 August 28, 2013, shall destroy such documents or reco