HB 2057 Contains provisions relating to self defense, unlawful use of weapons, and concealed carry permits

Current Bill Summary

- Prepared by Senate Research -


HCS/HB 2057 - This act contains provisions relating to self defense, unlawful use of weapons, and concealed carry permits.

SELF DEFENSE - 563.031

Under current law, a person who owns or leases private property may use deadly force in self defense or defense of others against a person who unlawfully enters or attempts to unlawfully enter the property.

This act provides that deadly force may also be used by a person who occupies private property pursuant to specific authority of the property owner to occupy the property.

This provision is identical to a provision of the truly agreed to and finally passed CCS/HCS/SB 656 (2016), HCS/SS/SCS/SB 663 (2016), HB 122 (2015), HCS/SS#2/SCS/SBs 199, 417, & 42 (2015), HB 2126 (2014), and is similar to a provision of SS/HCS/HB 1539 (2014) and HB 1591 (2014).

UNLAWFUL USE OF FORCE - 571.030

Current law exempts prosecuting and assistant prosecuting attorneys and circuit and assistant circuit attorneys from provisions criminalizing certain unlawful uses of weapons. This act specifies that municipal and county prosecuting attorneys, assistant prosecuting attorneys, circuit attorneys, and assistant circuit attorneys are exempt and adds municipal, associate circuit, and circuit judges to the list of persons who are exempt.

This provision is identical to a provision of the truly agreed to and finally passed CCS/HCS/SB 656 (2016), HB 1819 (2016), and HCS/SS/SCS/SB 663 (2016).

CONCEALED CARRY PERMITS - 571.101, 571.104, & 571.111

Under current law, an applicant for a concealed carry permit may be charged a fee that does not exceed $100. This act specifies that this fee shall include the costs for fingerprinting or criminal background checks. The act also allows for an additional fee to be charged for each credit card, debit card, or other electronic transaction equal to the charge paid by the state or applicant for the use of the credit card, debit card, or other electronic payment method by the applicant.

In addition, this act provides that if a concealed carry permit expires while the permit holder is on active duty in the Armed Forces, active state duty, full-time national guard duty, or active duty with the National Guard, or the permit holder is incapacitated due to an injury incurred while in military service, the permit may be renewed within two months of the permit holder's return to Missouri after discharge from duty or recovery from the incapacitation. Once the two-month period has expired, the provisions governing late renewals apply except the penalties begin to accrue upon the expiration of the two-month period rather than on the permit's expiration date. This provision includes an emergency clause.

These provisions are similar to the truly agreed to and finally passed CCS/HCS/SB 656 (2016).

This act also allows an alternate method of certification with regard to training requirements for concealed carry applicants.

This provision is identical to a provision of the truly agreed to and finally passed CCS/HCS/SB 656, HCS/SS/SCS/SB 663 (2016), HB 1819 (2016), HCS/HB 122 (2015) and HB 1121 (2015).

MEGHAN LUECKE


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