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Provisions of Senate Bill 75

August 23, 2013

in State

FIREARMS

Every sheriff must maintain, house, and issue concealed carry permits beginning January 1, 2014. (Section 57.100 RSMo.)

ASIRT: This act establishes the Active Shooter and Intruder Response Training for Schools Program (ASIRT). By July 1, 2014, each school district and charter school may train teachers and school employees on how to respond to students with information about a threatening situation and how to address a potentially dangerous or armed intruder or active shooter in the school or on school property. Training may be conducted on an annual basis. (Section 170.315 RSMo.)

EDDIE EAGLE GUNSAFE PROGRAM: Each school district and charter school may annually teach the Eddie Eagle Gunsafe Program to first grade students, or use a substantially similar or successor program of the same qualifications. Students with disabilities will participate to the extent appropriate. (Section 171.410 RSMo.)

FIREARMS OWNERSHIP RECORDS: Any records of ownership of a firearm or applications for ownership or an endorsement that allows a person to own, acquire, possess, or carry a firearm are not open records and will not be open for inspection except by order of the court to persons having a legitimate interest. Any person who violates this provision is guilty of a Class A misdemeanor. (Section 571.011 RSMo.)

CONCEALED CARRY PERMITS: 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 license or nondriver’s license 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. (Section 571.101 RSMo.)

Concealed carry permits will be valid for five years from the date of issuance or renewal. A concealed carry endorsement issued 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. (Section 571.101 RSMo.)

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. This act adds closed records to the documents in which a person cannot have engaged in a pattern of behavior considered dangerous to obtain a concealed carry permit. Applicants must also not otherwise be prohibited from possessing a firearm under Section 571.070 RSMo. 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. (Section 571.101 RSMo.)

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 45 days and no disqualifying information has come to the sheriff’s attention, the sheriff must issue a permit. The permit will be valid until the sheriff issues or denies the certificate of qualification. If the background checks identify a disqualifying record, the sheriff must revoke the permit. (Section 571.101 RSMo.)

Sheriffs must keep a record of all applications for concealed carry 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. Any information collected by the Department of Revenue related to an application for a concealed carry endorsement prior to August 28, 2013, must be given to MoSMART and the sheriff of the county in which the applicant resides. (Section 571.101 RSMo.)

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, except to MoSMART as provided in the act. Any state agency that has retained any documents or records, including fingerprint records provided for a concealed carry endorsement prior to August 28, 2013, must destroy them upon successful issuance of a permit. (Section 571.101 RSMo.)

For purposes of Chapter 571, the term “concealed carry permit” will include any concealed carry endorsement issued by the Department of Revenue before January 1, 2014, and any concealed carry document issued by any sheriff or under the authority of any sheriff after December 31, 2013. (Section 571.101 RSMo.)

If a permit holder is convicted, as described in the act, the court must forward the permit to the issuing sheriff. (Section 571.104 RSMo.)

To renew a concealed carry permit, a renewal application must be completed. In lieu of the fingerprint requirements and firearms safety training, 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 license containing an endorsement in lieu of the fingerprint and firearms safety training requirement. (Section 571.104 RSMo.)

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 sheriff, the sheriff of the new jurisdiction may charge a fee for processing not to exceed $10. 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 $10 fee may be charged 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 fee not to exceed $10 for name changes. The sheriff must report the name change to the Missouri Uniform Law Enforcement System. (Section 571.104 RSMo.)

This act repeals the requirement that a concealed carry endorsement suspension be reinstated at the time of the individual’s driver’s license. (Section 571.107 RSMo.)

FIREARMS SAFETY INSTRUCTION: This act reduces, from 50 to 20, the number of minimum rounds of live firing an applicant must do to receive a certificate of firearms safety training course completion by a qualified firearms safety instructor.

Certificates from a firearms safety instructor course approved by the Department of Public Safety must be notarized.

This act allows a qualified firearms safety instructor to submit a copy of a training instructor certificate, course outline bearing a notarized signature of the instructor, and recent photograph to the sheriff of the county in which he or she resides. The sheriff must collect an annual $10 fee from an instructor who chooses to submit the information and must retain a database of qualified instructors. This information will be a closed record except for access by any sheriff.

Any firearms safety instructor who violates any provision of Section 571.111 RSMo. will be prohibited from instructing concealed carry permit classes and issuing certificates. (Section 571.111 RSMo.)

OTHER CONCEALED CARRY CHANGES: The forms used to petition a court to revoke an individual’s concealed carry permit or endorsement will be updated to incorporate changes in the law, including: the previously mentioned allowable increase in prison term from one year to two years’ imprisonment; the effect of the issuance of a provisional certificate of qualification; and disqualification based on 18 U.S.C. 922(g). (Section 571.114 RSMo.)

The term “concealed carry endorsement” is replaced, or supplemented with, the phrase “concealed carry permit” throughout to reflect the change from the issuance of a concealed carry endorsement to a concealed carry permit. The terms “provisional certificate of qualification” and “certificate of qualification” are changed to “permit.” In addition, “permanent resident” is added in conjunction with “United States citizen” or “U.S. citizen.” (Sections 50.535, 302.181, 571.030, 571.037, 571.107, 571.114, 571.121 RSMo.)

PROHIBITION ON SHARING RECORDS OR DEVELOPING DATABASES WITH THE FEDERAL GOVERNMENT: This prohibits state agencies, departments, contractors, and agents working for the state from constructing, enabling, maintaining, participating in, developing, or cooperating with the state or federal government in developing a database or record of the number or type of firearms, ammunition, or firearms accessories that an individual possesses.

MoSMART: Any information collected by the Department of Revenue related to a concealed carry endorsement must be given to the members of MoSMART. In addition, on August 28, 2013, the Department of Revenue must begin transferring any records related to the issuance of a concealed permit to MoSMART for dissemination to sheriffs. (Sections 571.101 & 650.350 RSMo.)

This act creates the “Concealed Carry Permit Fund” within the state treasury. The director of the Department of Public Safety must distribute all funds annually in the form of grants approved by MoSMART. The department must administer all MoSMART grant deposits. Grant funds must be spent first to ensure county law enforcement agencies’ ability to comply with the issuance of conceal carry endorsements, including but not limited to, equipment, records management hardware and software, personnel, supplies, and other services. (Section 650.350 RSMo.)

To read the bill in its entirety, click here.

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