HB0404 Crump, Wayne F

P R E F I L E D

HB 404 -- Weapons Offenses and Permits to Carry

This bill makes several changes concerning weapons offenses and sets the requirements for obtaining a permit to carry a concealed weapon.

The bill defines a "dangerous felony" as the felonies of armed criminal action, arson, assault, burglary, causing catastrophe, felonious restraint, forcible rape, forcible sodomy, kidnaping, voluntary manslaughter, murder, robbery, or the attempt to commit any of these felonies.

The bill adds to the crime of unlawful use of weapons if a person knowingly carries a loaded or unloaded firearm or any lethal weapon onto school property, school buses, without written permission from school officials, or carries a concealed firearm on his or her person without a valid permit. However, these sanctions do not apply if the actor is 21 years or older, possesses an unloaded firearm within a vehicle under his control, or is 21 years of age and discharges or exhibits a firearm for self defense purposes.

The bill provides that it is the unlawful possession of a concealable firearm, a class C felony, by a juvenile if: (a) the juvenile was formally adjudicated to have committed an offense with a concealable firearm; and (b) the offense if done by an adult would have been characterized as a dangerous felony.

The bill allows the sheriff access to juvenile court records of any applicant for a permit to acquire a concealable firearm. The bill establishes the requirements for the issuance of a permit to carry a concealed firearm. To receive a permit an applicant must:

(1) Be 21 years of age, a U.S. citizen and a resident of this state for at least 6 months;

(2) Have not pled guilty to or been convicted of a felony or a misdemeanor punishable by a term of imprisonment of 2 years or less that does not involve an explosive weapon, firearm, firearm silencer, or gas gun;

(3) Not be a fugitive from justice or charged as a felon or a misdemeanor punishable by a term of imprisonment of 2 years or less that does not involve an explosive weapon, firearm, firearm silencer, or gas gun;

(4) Have not been dishonorably discharged from the armed forces;

(5) Not be frequently intoxicated by alcohol or a known drug abuser;

(6) Not be currently mentally incompetent, mentally ill, or committed to a mental health facility;

(7) Not have exhibited past violent behavior; and

(8) Show to the sheriff a knowledge of handgun safety.

The sheriff will issue the permit to carry a concealed firearm within 7 days of the application. The permit is valid for 3 years and renewable upon a payment of $50. In any cases when the sheriff refuses to issue or to act on an application for a permit, such refusal must be in writing stating the reasons for the refusal. The applicant may appeal the permit refusal to the small claims court upon proper petition.