SB 0176 | Permits for concealed firearms |
Sponsor: | CASKEY | ||
Committee: | CIVI | LR Number: | L0683.07C |
Last Action: | 05/11/95 - S Requested H Grant Conference | ||
Title: | HCS/SB 176 | ||
Effective Date: | August 28, 1995 | ||
HCS/SB 176 - This act makes the carrying of any firearm or other weapon onto any school property including a school bus without permission an unlawful use of a weapon. It shall also be unlawful to knowingly carry a concealed firearm unless such person has a valid permit. Such violations are Class D felonies. A person who possesses a concealed firearm and has been formally adjudicated in juvenile court for an offense that would be a dangerous felony if committed by an adult shall be guilty of unlawful possession of a concealable firearm. This offense is a Class C felony. The sheriff shall have access to the juvenile court records of any applicant for a permit to acquire a concealable firearm but may not disclose such information to others without court authorization.
A sheriff shall have access to the juvenile records of any applicant for a concealable firearm permit. A sheriff shall issue such a permit if the applicant: 1) is at least twenty-one years old; 2) has not been convicted of a crime punishable by imprisonment of more than one year; 3) has not been a fugitive from justice or charged with a crime punishable by more than one year of imprisonment; 4) has not been discharged dishonorably by the United States Armed Forces; 5) is not a drug or alcohol abuser; 6) is not mentally ill; 7) has not exhibited violent behavior in the past five years, except in self-defense, or offered credible threats against others; and 8) has demonstrated to the sheriff a knowledge of handgun safety which may be satisfied by taking a course which includes a minimum of twenty- four hours of handgun safety training by an agency, by an individual specified in the act or by military or law enforcement training.
The sheriff taking an application shall take the fingerprints of the applicant. If the sheriff approves an application, he shall issue such permit within thirty days. The sheriff may deny or revoke a permit if any of these requirements have not been met or if he believes the applicant has made a false statement. The sheriff shall not be liable for such denial. Such refusal shall be put in writing and may be appealed in Small Claims Court. Once issued, a permit shall be valid for three years and shall be renewed by application stating that the applicant continues to meet the requirements listed above. The sheriff shall keep a record of all applications for permits and submit a copy of each permit along with a set of the applicant's fingerprints to the Missouri Uniform Law Enforcement System (MULES). No person shall fraudulently use or transfer a permit. Such a violation is a Class D felony. A permit processing charge not to exceed one hundred dollars shall be assessed. Eighty dollars of the fee shall be paid to the county treasury or the treasury of the City of St. Louis and twenty dollars shall be paid to the State Department of Revenue for deposit in the General Revenue Fund of the State.
All citizens, merchants and public entities have the right to deny admittance to anyone attempting to carry a concealed firearm onto the premises. A sign indicating such prohibition and stating "No CCW" must be clearly visible at all entrances. Persons who violate this prohibition are considered trespassers and have committed an infraction. However, a third violation of this provision within a five year period shall be a class C misdemeanor. In addition, such individual shall have his permit revoked not be eligible to reapply for a permit for three years from the date of the violation. No permit shall authorize an individual to carry a concealed firearm into certain places listed in Section 591.091(16).
This act includes a referendum clause with a date of April,
1996.
JAMES KLAHR
HA 1 (LOGRASSO) - REMOVES REFERENDUM CLAUSE. HA 4 (BENNETT) - MAKES IT AN UNLAWFUL USE OF WEAPONS TO BRING CERTAIN WEAPONS ONTO SCHOOL PROPERTY. HA 5 (GREEN) - DEFINES THE TERM SHERIFF FOR THE PURPOSES OF SECTION 571.091.