What is Constitutional Carry? Is a permit required to carry in Missouri?
A senate bill (SB656), commonly referred to as Constitutional Carry, has caused confusion as to the status of Missouri Concealed Carry law and legal requirements. In an effort to ensure that you have correct and current CCW information, we at Liberty Tree hosted an informative seminar to explain the law and answer any questions that you may have. We had a fantastic turnout for the event, which was free of charge. In addition to the Liberty Tree staff, Jasper County Prosecutor Dean Dankelson assisted in answering legal questions from the audience in attendance, as well as our live Facebook audience. For those that could not tune in live or make it to the event, we recorded the event so that Missouri residents could view the video at their convenience. Below the video you can view the current bill summary (Current 7/29/2016).
Current Bill Summary
CCS/HCS/SB 656 – This act modifies provisions relating to county sheriffs, self defense, unlawful use of weapons, and concealed carry permits.
COUNTY SHERIFF’S REVOLVING FUND – 50.535
Under current law, any unexpended balance in a Sheriff’s Revolving Fund must remain the fund to accumulate from year to year. This act provides that the unexpended funds are not required to remain in the fund and may be expended for other purposes or transferred to discretionary funds for the sheriffs so long as no claim for inadequate funding has been made within the last five years resulting in reimbursement from the Office of Administration. In addition, this act specifies that funds received by the sheriff for concealed carry permits must be used to supplement funding for sheriffs and prohibits the county commission from reducing any sheriff’s budget as a result of funds received from concealed carry permits.
This provision is identical to HB 2533 (2016).
BACKGROUND CHECKS BY THIRD CLASS COUNTY SHERIFFS – 57.281
This act provides an optional procedure for sheriffs of third class counties to provide criminal background checks to certain specified state agencies. Fees assessed for the searches must be paid by the applicant or in the manner prescribed by the sheriff and must be deposited to the credit of a fund that contains civil service fees the sheriff charges. This act provides that all records related to any criminal history information discovered shall be accessible and available to the state, municipal, or county agency making the record request.
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 HCS/SS/SCS/SB 663 (2016), HCS/HB 2057 (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).
Currently, a person does not have a duty to retreat from a dwelling, residence, or vehicle where the person is not unlawfully entering or unlawfully remaining or from private property that is owned or leased by such individual. This act provides that a person does not have a duty to retreat from any place such person who is not engaged in an unlawful activity has a right to be.
This provision is identical to SB 1037 (2016) and HB 1744 (2016).
UNLAWFUL USE OF WEAPONS – 571.030
Under current law, a person commits the offense of unlawful use of weapons if the person carries a concealed knife, firearm, blackjack, or another weapon readily capable of lethal use. This act provides that the crime is committed if a person carries one of the above types of weapons in an area in which a person with a concealed carry permit is restricted from carrying firearms. The penalty is lowered from a class D felony to a class B misdemeanor.
This provision is similar to HB 1468 (2016).
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 HB 1819 (2016), HCS/HB 2057 (2016), and HCS/SS/SCS/SB 663 (2016).
Current law also exempts full time chiefs of fire departments and fire districts from certain otherwise unlawful uses of weapons. This act expands the exemption to apply to full-time fire department and fire district members.
The act of carrying a concealed weapon onto private property whose owner has posted the premises as being off-limits with appropriate signage is declared not to be criminal act. The person may be removed from the premises and fined. This provision has a delayed effective date of January 1, 2017 and provides that certain Class D felonies of unlawful use of weapons will be Class E felonies to align with penalty modifications that will take effect on that date.
CONCEALED CARRY PERMIT FEES – 571.101
Under current law, an applicant for a concealed carry permit may be charged a fee that does not exceed $100. This act specifies that no additional fee may be charged, including any fee 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.
This provision is similar to a provision of HCS/HB 2057 (2016).
CONCEALED CARRY EXPIRATION FOR MILITARY – 571.104 & Section B
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 contains an emergency clause.
This provision is identical to a provision of HCS/HB 2057 (2016).
CONCEALED CARRY PERMIT TRAINING – 571.111
This act allows an alternate method of certification with regard to training requirements for concealed carry applicants.
This provision is identical to a provision of HCS/SS/SCS/SB 663 (2016), HCS/HB 2057 (2016), HB 1819 (2016), HCS/HB 122 (2015) and HB 1121 (2015).
LIFETIME CONCEALED CARRY PERMIT – 571.126 to 571.230
Under current law, concealed carry permits must be renewed once every five years. This act allows a Missouri resident who meets the requirements for a concealed carry permit specified under the act and pays a $500 fee to receive a concealed carry permit that is valid for the duration of the person’s life. This act also allows Missouri residents who meet the requirements for a permit to pay $200 to receive a Missouri extended concealed carry permit that is valid for 10 years or $250 for an extended permit that is valid for 25 years. To renew an extended permit, the permit holder must pay $50. The lifetime and extended permits are only valid throughout the state of Missouri.
The lifetime and extended permits are still subject to the same suspension and revocation provisions that apply to permits that expire every five years. The sheriff must conduct a name-based criminal background check on extended and lifetime permit holders once every five years. The lifetime and extended concealed carry permits must include a statement that the permit is valid only throughout the state of Missouri.
If the holder of a lifetime or extended concealed carry permit becomes a resident of another state, the permit is suspended. It may be reactivated if the permit holder reestablishes Missouri residency, meets the requirements for a concealed carry permit, and passes a name-based criminal background check.
These provisions are similar to SCS/SB 1026 (2016).
2016. CCS HCS SB 656. Retrieved from “http://www.senate.mo.gov/16info/BTS_Web/Bill.aspx?SessionType=R&BillID=22246426” 29 July, 2016.