Missouri HB 1833: Modifies provisions for concealed carry permits

Bill Text

SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 1833
101ST GENERAL ASSEMBLY
3525H.03C DANA RADEMAN MILLER, Chief Clerk
AN ACT
To repeal sections 571.101 and 571.205, RSMo, and to enact in lieu thereof two new sections
relating to concealed carry permits, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 571.101 and 571.205, RSMo, are repealed and two new sections
2 enacted in lieu thereof, to be known as sections 571.101 and 571.205, to read as follows:
571.101. 1. All applicants for concealed carry permits issued pursuant to subsection
2 7 of this section must satisfy the requirements of sections 571.101 to 571.121. If the said
3 applicant can show qualification as provided by sections 571.101 to 571.121, the county or
4 city sheriff shall issue a concealed carry permit authorizing the carrying of a concealed
5 firearm on or about the applicant's person or within a vehicle. A concealed carry permit shall
6 bevalidfromthedateofissuanceorrenewaluntilfiveyearsfromthelastdayofthemonthin
7 which the permit was issued or renewed. The concealed carry permit is valid throughout this
8 state. Although the permit is considered valid in the state, a person who fails to renew his or
9 her permit within five years from the date of issuance or renewal shall not be eligible for an
10 exception to a National Instant Criminal Background Check under federal regulations
11 currently codified under 27 CFR 478.102(d), relating to the transfer, sale, or delivery of
12 firearms from licensed dealers. A concealed carry endorsement issued prior to August 28,
13 2013,shallcontinuefromthedateofissuanceorrenewaluntilthreeyearsfromthelastdayof
14 the month in which the endorsement was issued or renewed to authorize the carrying of a
15 concealedfirearmonorabouttheapplicant'spersonorwithinavehicleinthesamemanneras
16 aconcealedcarrypermitissuedundersubsection7ofthissectiononorafterAugust28,2013.
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

17 2. A concealed carry permit issued pursuant to subsection 7 of this section shall be
18 issuedbythesherifforhisorherdesigneeofthecountyorcityinwhichtheapplicantresides,
19 if the applicant:
20 (1) Is [at least nineteen] eighteen years of age or older, is a citizen or permanent
21 resident of the United States, and either:
22 (a) Has assumed residency in this state; or
23 (b) Is a member of the United States Armed Forces stationed in Missouri[,] or the
24 spouse of such member of the military;
25 (2) [Is at least nineteen years of age, or is at least eighteen years of age and a member
26 of the United States Armed Forces or honorably discharged from the United States Armed
27 Forces, and is a citizen of the United States and either:
28 (a) Has assumed residency in this state;
29 (b) Is a member of the Armed Forces stationed in Missouri; or
30 (c) The spouse of such member of the military stationed in Missouri and nineteen
31 years of age;
32 (3)] Has not [pled guilty to or entered a plea of nolo contendere or] been convicted of
33 acrimepunishablebyimprisonmentforatermexceedingoneyearunderthelawsofanystate
34 or of the United States other than a crime classified as a misdemeanor under the laws of any
35 state and punishable by a term of imprisonment of two years or less that does not involve an
36 explosive weapon, firearm, firearm silencer or gas gun;
37 [(4)] (3) Has not been convicted of[, pled guilty to or entered a plea of nolo
38 contendere to] one or more misdemeanor offenses involving crimes of violence within a five-
39 yearperiod immediatelyprecedingapplicationfor aconcealedcarry permitoriftheapplicant
40 has not been convicted of two or more misdemeanor offenses involving driving while under
41 the influence of intoxicating liquor or drugs or the possession or abuse of a controlled
42 substance within a five-year period immediately preceding application for a concealed carry
43 permit;
44 [(5)] (4) Is not a fugitive from justice or currently charged in an information or
45 indictment with the commission of a crime punishable by imprisonment for a term exceeding
46 one year under the laws of any state of the United States other than a crime classified as a
47 misdemeanor under the laws of any state and punishable by a term of imprisonment of two
48 years or less that does not involve an explosive weapon, firearm, firearm silencer, orgas gun;
49 [(6)] (5) Has not been discharged under dishonorable conditions from the United
50 States Armed Forces;
51 [(7)] (6) Has not engaged in a pattern of behavior, documented in public or closed
52 records, that causes the sheriffto have a reasonable belief that the applicant presents a danger
53 to himself or others;
HCS HB 1833 2

54 [(8)] (7) Is not adjudged mentally incompetent at the time of application