HB 859 Modifies provisions relating to firearms

Current Bill Summary

- Prepared by Senate Research -


SCS/HCS/HB 859 - This act modifies provisions relating to concealed carry endorsements, enacts provisions creating school protection officers, prohibits state agencies from disclosing concealed carry holders to the federal government, and prohibits business owners from placing certain restrictions on firearm possession in vehicles.

CONCEALED CARRY - SECTIONS 50.535, 302.181, 571.030 to 571.117

Under current law, a person seeking to carry concealed firearms must apply to the sheriff for a certificate of qualification for a concealed carry endorsement. Upon the issuance of the certificate, the person must then present the certificate to the Department of Revenue, which issues a driver's licenses or nondriver's licenses with a concealed carry endorsement.

This act repeals the provisions requiring the person to present the certificate to the Department of Revenue for a driver's license or nondriver's license with a concealed carry endorsement. Instead, the permit issued by the sheriff authorizes the person to carry concealed firearms.

Concealed carry permits will be valid for five years from the date of issuance or renewal. A concealed carry endorsement issue prior to August 28, 2013, must continue for a period of three years from the date of issuance or renewal, as described in the act.

This act changes the eligibility requirements for a concealed carry permit. Non-citizens who are United States permanent residents are eligible. Currently, an applicant must not have pled guilty or pled no contest to certain crimes punishable by a prison term of one year or less. This act increases the prison term to two years. Applicants must also not otherwise be prohibited from possessing a firearm under Section 571.070 or 18 U.S.C. 922(g). If an applicant is not a U.S. citizen, the application must include his or her country of citizenship and any alien or admission number issued by the federal Bureau of Customs and Immigration Enforcement. An applicant must show a government-issued photo identification only for the purpose of verifying the person's identify for permit renewal.

The concealed carry permit must specify only the following information: the permit holder's name, address, date of birth, gender, height, weight, color of hair, color of eyes, and signature; the signature of the issuing sheriff; the date of issuance; and the expiration date.

The permit must be no larger than two inches wide by three and one-fourth inches and must be of a uniform style. The permit must be assigned a Missouri uniform law enforcement system county code and must be stored in sequential number.

Biometric data is prohibited from being collected from the applicant. The sheriff must perform an inquiry of the National Instant Criminal Background Check System. If no disqualifying information is identified, the sheriff must issue the permit. However, if the required background checks are not completed within forty-eight hours and no disqualifying information has come to the sheriff's attention, the sheriff must issue a provisional permit. The provisional permit will be valid until the sheriff issues or denies the permit. If the background checks identify a disqualifying record, the sheriff must revoke the provisional permit.

Sheriffs must keep a record of all applications for concealed carry permits or provisional permits. Any record of an application that is incomplete or denied must be kept for a period not to exceed one year. Records of approved applications must be kept for one year after the expiration and non-renewal of the permit. Beginning August 28, 2013, the Department of Revenue must not keep any records of applications for concealed carry permits. Other information regarding records retention or records non-retention or prohibition of records retention or mandatory destruction of certain records is described in the act.

Certain personal protected information is required to not be batch processed for query and is only available for a single entry query if an individual is a subject of interest in an active criminal investigation or is arrested for a crime. In addition, the distribution of bulk downloads or batch data to federal, state, or private entities is prohibited.

To renew a concealed carry permit, the applicant need only display his or her current concealed carry permit. A name-based background check, including an inquiry of the National Instant Criminal Background Check System, must be done for each renewal. The process for renewing a concealed carry endorsement issued prior to August 28, 2013, will be the same as for renewing a concealed carry permit except that the applicant need only display his or her current driver's license or nondriver's licence containing an endorsement in lieu of the fingerprint and firearms safety training requirement.

Late fees assessed for a renewal and notice of expired certificates to the Missouri uniform law enforcement system and the individual are extended to concealed carry permits. Also, when a permit or endorsement holder's permanent address changes and he or she reports the address change to the sheriffs, the sheriff of the new jurisdiction must charge a ten dollar processing fee. If the person has a concealed carry endorsement issued prior to August 28, 2013, he or she must also furnish proof to the Department of Revenue. The sheriff must report the residence change to the Missouri uniform law enforcement system. A ten dollar fee is required for the replacement of a lost or destroyed permit or a driver's license or nondriver's license containing a concealed carry endorsement. A sheriff may charge a ten dollar fee for name changes. The sheriff must report the name change to the Missouri uniform law enforcement system.

This act repeals the requirement that a concealed carry endorsement suspension be reinstated at the time of the individual's driver's license.

These provisions are similar to provisions truly agreed to and finally passed in HCS/SB 75 (2013).

SCHOOL PROTECTION OFFICERS - SECTIONS 160.665, 571.107, 590.010 to 590.207

This act allows a school district to designate one or more school teachers or administrators as a school protection officer. School protection officers must carry a firearm on his or her person at all times while on school property or be guilty of a Class A misdemeanor and subject to immediate removal from the classroom and employment termination proceedings.

School protection officers may detain any person the officer sees or has reasonable grounds to believe has violated any law or school policy. The officer must turn a detained person over to law enforcement for a violation of law or to school administration for a violation of policy as soon as practicable, and no longer than four hours.

Those seeking to be designated as school protection officers must make a request in writing to the superintendent of the school district along with proof of ownership of a valid concealed carry endorsement and a certificate of completion of a school protection officer training program.

The school district must notify the director of the Department of Public Safety of the designation of any school protection officer. The department must make a list of all school protection officers available to all law enforcement agencies.

This act requires the Peace Officer Standards and Training Commission to establish standards and curriculum for training of school protection officers. The director of the Department of Public Safety must develop, and make available to all school districts, a list of approved school protection officer training instructors, centers, and programs.

In order to attend a school protection officer training program, a person must submit to a criminal history background check and prove he or she has a valid concealed carry endorsement.

Any school employee who discloses identifying information about a school protection officer to anyone other than the director of the Department of Public Safety is guilty of a class B misdemeanor and subject to employment termination proceedings.

These provisions are substantially similar to the truly agreed to and finally passed SCS/HCS/HB 436 (2013).

DISCLOSURE OF CONCEALED CARRY HOLDERS - SECTION 1

This act prohibits state agencies from disclosing the statewide list of concealed carry holders to federal government.

POSSESSION OF FIREARMS IN A MOTOR VEHICLE - SECTION 2

This act prohibits business owners from restricting a person from possessing a firearm in a motor vehicle in the possession of the person unless the business owner owns or leases the vehicle.

MEGHAN LUECKE


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