SECOND AMENDMENT PRESERVATION ACT - Section 1.400 - 1.480

This act lists various declarations of the Missouri General Assembly regarding the United States Constitution and the scope of the federal government's authority. In addition, the act declares that federal supremacy does not apply to federal laws that restrict or prohibit the manufacture, ownership, and use of firearms, firearm accessories, or ammunition within the state because such laws exceed the scope of the federal government's authority. Laws necessary for the regulation of the land and the United States Armed Forces are excluded from the types of federal firearms laws that exceed federal authority.

This act declares as invalid all federal laws that infringe on the right to bear arms under the Second Amendment to the U.S. Constitution and Article I, Section 23 of the Missouri Constitution. Some laws declared invalid under this act include certain taxes, certain registration and tracking laws, certain prohibitions on the possession, ownership, use, or transfer of a specific type of firearm, and confiscation orders.

The act declares that it is the duty of the courts and law enforcement agencies to protect the rights of law-abiding citizens to keep and bear arms.

Under this act, no one, including any public officer or state or local employee has the authority to enforce firearms laws declared invalid by the act.

Any public officer or state or local employee who tries to enforce the firearms laws declared invalid by the act or any person who acts under the color of law to deprive a Missouri citizen of rights or privileges ensured by the federal and state constitutions shall be liable for redress. In such an action attorney's fees and costs may be awarded, and official or qualified immunity shall not be available to the defendant as a defense.

Any federal employee or agent, or any person who acts under the color of federal law to enforce, attempt to enforce, or support the enforcement of the firearms laws declared invalid by the act is forever ineligible to serve as a law enforcement officer or supervisor of law enforcement officers for the state or a local government. Any person who lives in or conducts business in a jurisdiction who believes that a law enforcement officer or supervisor is ineligible under this act has standing to pursue an action for declaratory judgement. If a court determines that the officer or supervisor is ineligible, the officer or supervisor must be terminated from his or her position and the state or local government must pay the costs and attorneys' fees associated with the declaratory judgment.

The provisions of the section shall become effective either by August 28, 2017, or upon the Revisor of Statutes receiving notification that at least four other states have enacted substantially similar language or upon passage of any federal acts or issuance of federal orders which infringe upon or curtail the right to keep and bear arms, whichever event occurs earlier.

These provisions are similar to provisions of SS/SCS/SB 613 (2014), HB 436 (2013), and SB 352 (2013).

OPEN CARRY ORDINANCES - Section 21.750

This act provides that the open carrying of a firearm may not be prohibited by a political subdivision for any person with a valid concealed carry endorsement or permit in his or her possession who presents such endorsement or permit upon the demand of a law enforcement officer. In addition, no person carrying a concealed or unconcealed handgun may be disarmed or physically restrained by a law enforcement officer unless under arrest or if there is no reasonable and articulable suspicion of criminal activity. Any person who violates these provisions may be issued a citation for up to $35. No ordinance of a political subdivision may be construed to preclude the use of a firearm to defend property or persons.

This provision is identical to a provision of SS/SCS/SB 613 (2014), and is similar to a provision of HB 436 (2013), and SB 352 (2013).

DEPUTY SHERIFF - Sections 57.015, 57.201, 57.220, & 57.250

This act specifies that a limited definition of deputy sheriff only applies to a section dealing with dismissal proceedings for deputy sheriffs. Certain provisions dealing with the ability of a sheriff to discharge a deputy sheriff are amended to refer to the limited definition of deputy sheriff.

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 are authorized to carry a concealed firearm or self-defense spray device.

This act requires a school board that is seeking to designate a school protection officer to hold a public hearing on the matter. Notice of the hearing must be provided by publication in a newspaper of general circulation in the city or county in which the school district is located at least 15 days before the hearing. The board may meet in a closed meeting to determine whether to allow the school protection officer to carry a concealed firearm or self-defense spray device.

The officer must keep the firearm or device under his or her personal control at all times while on school property. Violation of this provision is a class B misdemeanor and may result in the immediate removal of the officer from the classroom and the commencement of employment termination proceedings.

School protection officers have the same power to detain and arrest as any other person would have under current law regarding defense of persons and property. Upon detention, the protection officer must immediately notify school administrators and school resource officers. If the person detained is a student, then the parents of the student must also be immediately notified.

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 or permit, if the person is seeking to carry a firearm, 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, if the person will carry a firearm, prove he or she has a valid concealed carry endorsement or permit.

These provisions are similar to provisions of SS/SCS/SB 613 (2014), HB 436 (2013), and SB 352 (2013).

POWER TO ARREST - Section 544.216

Under current law, a law enforcement officer may arrest on view and without a warrant any person the officer sees violating, or who the officer has reasonable grounds to believe has violated, any law of this state, or any ordinance over which the officer has jurisdiction.

The Missouri Eastern District Court of Appeals in City of Fredericktown v. Bell, 761 S.W.2d 715, 717 (Mo. Ct. App. 1988) held that section 544.216 does not provide law enforcement officers with the power of arrest for offenses committed outside the officer's jurisdiction. This act modifies the statutory provision to clarify that a law enforcement officer may only make an arrest without a warrant for an offense over which the officer has jurisdiction.

HEALTH CARE PROFESSIONALS AND FIREARMS - Section 571.012

This act specifies that no licensed health care professional or person under the supervision of the professional may not be required by law to ask a patient whether he or she owns or has access to a firearm, document firearm ownership or access in a patient's medical records, or notify any governmental entity of the identity of a patient based solely on the patient's status as a firearm owner or the patient's access to a firearm.

Under this act, licensed health care professionals, their supervisees, and anyone who possesses or controls medical records are prohibited from documenting or disclosing information regarding a person's status as a firearm owner except under certain specified circumstances.

Under this act, licensed health care professionals may not use an electronic medical record program that requires the entry of data regarding firearms.

This provision is identical to a provision of SS/SCS/SB 613 (2014).

UNLAWFUL USE OF WEAPONS AND SPECIAL PROSECUTORS - Section 571.030

This act adds people appointed by the court to be special prosecutors to the list of people who may engage in otherwise unlawful uses of weapons.

CONCEALED CARRY PERMITS - Sections 571.030, 571.101, 571.111, & 571.117

Under current law, a person, who is not a member of the United States Armed Forces or honorably discharged from the armed forces, must be at least 21 years of age in order to qualify for a concealed carry endorsement. This act lowers the age to at least 19 years of age.

Current law prohibits certain persons who may not possess a firearm under federal law from being eligible for a concealed carry permit. This act repeals that prohibition.

This act makes a concealed carry permit expire on the last day of the month rather than the same day the permit was issued or renewed. Concealed carry endorsements also expire on the last day of the month under this act.

The size of the concealed carry permit is changed under this act.

This act requires the Missouri Sheriff Methamphetamine Relief Task force, or MoSMART, to provide grants to sheriffs and any designee that is created to support sheriffs in the creation and maintenance of a statewide concealed carry permit system that is accessible to sheriffs and law enforcement agencies. Current law requires sheriffs to report certain information regarding concealed carry permit holders to the Missouri Uniform Law Enforcement System or MULES. This act requires such information to be reported to the new concealed carry permit system.

Current law provides that information reported and retained regarding concealed carry permits shall not be batch processed for query. This act provides that information retained in the concealed carry system shall not be distributed to any federal, state, or private entities, however, sheriffs may access the concealed carry permit system to issue permits, verify permit holder information, change permit holder information, and suspend, revoke, or cancel a permit.

Under this act, the official to whom a concealed carry endorsement or permit was surrendered when suspended or revoked must change the status of the endorsement or permit in the concealed carry system.

This act repeals a provision requiring a sheriff to notify a person when such person's permit or endorsement is expired and cancelled.

Procedures for when a permit holder changes his or her address are modified.

Current law requires automatic invalidation of a permit or endorsement after 30 days if a permit holder has changed his or her name or address and not notified the sheriff. Under this act, the permit or endorsement is automatically invalid after 180 days. This act requires a person to notify the sheriff of a name or address change within 30 days and allows the sheriff to impose a late penalty of $10 per month for each month the person fails to notify the sheriff.

In addition, this act modifies a provision allowing firearms safety instructors to register with the sheriff in the county in which the instructor resides. This act repeals an obsolete provision of current law that directs concealed carry permit applicants to take the permit they receive from the sheriff to the Department of Revenue for the issuance of an endorsement.

Any permit fees required for a concealed carry endorsement are waived for applicants who are disabled veterans.

Current law requires an applicant for a concealed carry permit to perform a physical demonstration of his or her ability to safely load a revolver and a semiautomatic pistol, a live firing exercise with both types of firearms, and a live firing test with both firearms. This act provides that the applicant only needs to demonstrate an ability to safely load, and only requires live firing from, either a revolver or a semiautomatic pistol.

Current law provides that firearms safety instructors may only have 40 or fewer students in the classroom portion of the training required for a concealed carry permit. This act specifies that firearms safety instructors may not have more than 40 students per certified instructor in the classroom.

FIREARM POSSESSION AND HOUSING AUTHORITIES - 571.510

This act prohibits housing authorities from barring lessees or their household members and guests from possessing a firearm. The act makes lease provisions, policies, and rules that contain such prohibitions void and unenforceable.

Under this act, no housing authority is liable for damages caused by a lessee's possession or use of a firearm except under certain circumstances.

VIOLATION OF FEDERAL TRANSFER LAWS - 571.080

This act repeals a provision of current law that specifies that it is a crime to violate certain federal firearms laws.

MEGHAN LUECKE