FIRST REGULAR SESSION
[PERFECTED]
HOUSE COMMITTEE SUBSTITUTE FOR
97TH GENERAL ASSEMBLY
AN ACT
To repeal sections 21.750, 571.030, 571.101, 571.107, 571.117, and 590.010, RSMo, and to
enact in lieu thereof fourteen new sections relating to firearms, with a penalty provision.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 21.750, 571.030, 571.101, 571.107, 571.117, and 590.010, RSMo,
are repealed and fourteen new sections enacted in lieu thereof, to be known as sections 1.320,
21.750, 160.665, 571.011, 571.012, 571.018, 571.030, 571.101, 571.107, 571.117, 590.010,
590.200, 590.205, and 590.207, to read as follows:
1.320. 1. This section shall be known and may be cited as the "Second Amendment
Preservation Act".
2. The general assembly finds and declares that:
(1) The general assembly of the state of Missouri is firmly resolved to support and
defend the United States Constitution against every aggression, either foreign or domestic,
and the general assembly is duty bound to watch over and oppose every infraction of those
principles which constitute the basis of the Union of the States, because only a faithful
observance of those principles can secure the nation's existence and the public happiness;
(2) Acting through the United States Constitution, the people of the several states
created the federal government to be their agent in the exercise of a few defined powers,
while reserving to the state governments the power to legislate on matters which concern
the lives, liberties, and properties of citizens in the ordinary course of affairs;
(3) The limitation of the federal government's power is affirmed under the Tenth
Amendment to the United States Constitution, which defines the total scope of federal
power as being that which has been delegated by the people of the several states to the
federal government, and all power not delegated to the federal government in the
Constitution of the United States is reserved to the states respectively, or to the people
themselves;
(4) Whenever the federal government assumes powers that the people did not grant
it in the Constitution, its acts are unauthoritative, void, and of no force;
(5) The several states of the United States of America are not united on the
principle of unlimited submission to their federal government. If the government created
by the compact among the states were the exclusive or final judge of the extent of the
powers granted to it by the Constitution, the federal government's discretion, and not the
Constitution, would be the measure of those powers. To the contrary, as in all other cases
of compacts among powers having no common judge, each party has an equal right to
judge itself, as well as infractions of the mode and measure of redress. Although the
several states have granted supremacy to laws and treaties made pursuant to the powers
granted in the Constitution, such supremacy does not apply to various federal statutes,
orders, rules, regulations, or other actions which restrict or prohibit the manufacture,
ownership, and use of firearms, firearm accessories, or ammunition exclusively within the
borders of Missouri; such statues, orders, rules, regulations, and other actions exceed the
powers granted to the federal government except to the extent they are necessary and
proper for the government and regulation of the land and naval forces of the United States
or for the organizing, arming, and disciplining of militia forces actively employed in the
service of the United States Armed Forces;
(6) The people of the several states have given Congress the power "to regulate
commerce with foreign nations, and among the several states, and with the Indian tribes",
but "regulating commerce" does not include the power to limit citizens' right to keep and
bear arms in defense of their families, neighbors, persons, or property, or to dictate to what
sort of arms and accessories law-abiding mentally competent Missourians may buy, sell,
exchange, or otherwise possess within the borders of this state;
(7) The people of the several states have also given Congress the power "to lay and
collect taxes, duties, imports, and excises, to pay the debts, and provide for the common
defense and general welfare of the United States" and "to make all laws which shall be
necessary and proper for carrying into execution the powers vested by the Constitution in
the government of the United States, or in any department or officer thereof". These
constitutional provisions merely identify the means by which the federal government may
execute its limited powers and ought not to be so construed as themselves to give unlimited
powers because to do so would be to destroy the balance of power between the federal
government and the state governments. We deny any claim that the taxing and spending
powers of Congress can be used to diminish in any way the people's right to keep and bear
arms; and
(8) The people of Missouri have vested the general assembly with the authority to
regulate the manufacture, possession, exchange, and use of firearms within this state's
borders, subject only to the limits imposed by the Second Amendment to the United States
Constitution and the Missouri Constitution.
3. (1) All federal acts, laws, orders, rules, and regulations, whether past, present,
or future, which infringe on the people's right to keep and bear arms as guaranteed by the
Second Amendment to the United States Constitution and Article I, Section 23 of the
Missouri Constitution shall be invalid in this state, shall not be recognized by this state,
shall be specifically rejected by this state, and shall be considered null and void and of no
effect in this state.
(2) Such federal acts, laws, orders, rules, and regulations include, but are not
limited to:
(a) The provisions of the federal Gun Control Act of 1934;
(b) The provisions of the federal Gun Control Act of 1968;
(c) Any tax, levy, fee, or stamp imposed on firearms, firearm accessories, or
ammunition not common to all other goods and services which could have a chilling effect
on the purchase or ownership of those items by law-abiding citizens;
(d) Any registering or tracking of firearms, firearm accessories, or ammunition
which could have a chilling effect on the purchase or ownership of those items by law-abiding citizens;
(e) Any registering or tracking of the owners of firearms, firearm accessories, or
ammunition which could have a chilling effect on the purchase or ownership of those items
by law-abiding citizens;
(f) Any act forbidding the possession, ownership, or use or transfer of any type of
firearm, firearm accessory, or ammunition by law-abiding citizens; and
(g) Any act ordering the confiscation of firearms, firearm accessories, or
ammunition from law-abiding citizens.
4. It shall be the duty of the courts and law enforcement agencies of this state to
protect the rights of law-abiding citizens to keep and bear arms within the borders of this
state and from the infringements in subsection 3 of this section.
5. No public officer or employee of this state shall have any authority to enforce or
attempt to enforce any of the infringements on the right to keep and bear arms included
in subsection 3 of this section.
6. Any official, agent, or employee of the United States government who enforces
or attempts to enforce any of the infringements on the right to keep and bear arms
included in subsection 3 of this section is guilty of a class A misdemeanor.
7. Any Missouri citizen who has been subject to an effort to enforce any of the
infringements on the right to keep and bear arms included in subsection 3 of this section
shall have a private cause of action for declaratory judgment and for damages against any
person or entity attempting such enforcement.
21.750. 1. The general assembly hereby occupies and preempts the entire field of
legislation touching in any way firearms, components, ammunition and supplies to the complete
exclusion of any order, ordinance or regulation by any political subdivision of this state. Any
existing or future orders, ordinances or regulations in this field are hereby and shall be null and
void except as provided in subsection 3 of this section.
2. No county, city, town, village, municipality, or other political subdivision of this state
shall adopt any order, ordinance or regulation concerning in any way the sale, purchase, purchase
delay, transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permit,
registration, taxation other than sales and compensating use taxes or other controls on firearms,
components, ammunition, and supplies except as provided in subsection 3 of this section.
3. (1) Except as provided in subdivision (2) of this subsection, nothing contained in
this section shall prohibit any ordinance of any political subdivision which conforms exactly with
any of the provisions of sections 571.010 to 571.070, with appropriate penalty provisions, or
which regulates the open carrying of firearms readily capable of lethal use or the discharge of
firearms within a jurisdiction, provided such ordinance complies with the provisions of section
252.243.
(2) In any jurisdiction in which open carry of firearms is prohibited by ordinance,
open carry of a firearm shall not be prohibited in accordance with the following:
(a) Any person with a valid concealed carry endorsement who is open carrying a
firearm shall be required to have a valid concealed carry endorsement from this state or
a permit from another state permit which is recognized by this state in his or her possession
at all times;
(b) The open carrying of a firearm shall be limited to a firearm sixteen inches or
less in overall length;
(c) Any person open carrying a firearm in such jurisdiction shall display his or her
concealed carry endorsement upon demand of a law enforcement officer;
(d) In the absence of any reasonable and articular suspicion of criminal activity,
no person carrying a concealed or unconcealed handgun shall be disarmed or physically
restrained by a law enforcement officer unless under arrest; and
(e) Any person who violates this subdivision shall be subject to the penalty provided
in section 571.121.
4. The lawful design, marketing, manufacture, distribution, or sale of firearms or
ammunition to the public is not an abnormally dangerous activity and does not constitute a public
or private nuisance.
5. No county, city, town, village or any other political subdivision nor the state shall
bring suit or have any right to recover against any firearms or ammunition manufacturer, trade
association or dealer for damages, abatement or injunctive relief resulting from or relating to the
lawful design, manufacture, marketing, distribution, or sale of firearms or ammunition to the
public. This subsection shall apply to any suit pending as of October 12, 2003, as well as any
suit which may be brought in the future. Provided, however, that nothing in this section shall
restrict the rights of individual citizens to recover for injury or death caused by the negligent or
defective design or manufacture of firearms or ammunition.
6. Nothing in this section shall prevent the state, a county, city, town, village or any other
political subdivision from bringing an action against a firearms or ammunition manufacturer or
dealer for breach of contract or warranty as to firearms or ammunition purchased by the state or
such political subdivision.
160.665. 1. Any school district within the state may designate one or more
elementary or secondary school teachers or administrators as a school protection officer.
The responsibilities and duties of a school protection officer are voluntary and shall be in
addition to the normal responsibilities and duties of the teacher or administrator. Any
compensation for additional duties relating to service as a school protection officer shall
be funded by the local school district, with no state funds used for such purpose.
2. Any person designated by a school district as a school protection officer shall be
authorized to carry concealed firearms in any school in the district and shall be required
to keep such firearm on his or her person at all times while on school property. Any school
protection officer who violates this subsection shall be removed immediately from the
classroom and subject to employment termination proceedings.
3. Any person designated as a school protection officer may detain, on view, any
person the officer sees violating or who such officer has reasonable grounds to believe has
violated any law of this state, including a misdemeanor or infraction, or any policy of the
school.
4. Any person detained by a school protection officer for violation of any state law
shall, as soon as practically possible, be turned over to a law enforcement officer.
However, in no case shall a person detained under the provisions of this section be detained
by a school protection officer for more than four hours.
5. Any person detained by a school protection officer for violation of any school
policy shall, as soon as practically possible, be turned over to a school administrator.
However, in no case shall a person detained under the provisions of this section be detained
by a school protection officer for more than four hours.
6. Any teacher or administrator of an elementary or secondary school who seeks
to be designated as a school protection officer shall request such designation, in writing,
and submit it to the superintendent of the school district which employs him or her as a
teacher or administrator. Along with this request the teacher or administrator shall also
submit proof that he or she has a valid concealed carry endorsement and shall submit a
certificate of school protection officer training program completion from a training
program approved by the director of the department of public safety which demonstrates
that such person has successfully completed the training requirements established by the
POST commission under chapter 590 for school protection officers.
7. No school district may designate a teacher or administrator as a school
protection officer unless such person has a valid concealed carry endorsement and has
successfully completed a school protection officer training program which has been
approved by the director of the department of public safety.
8. Any school district which designates a teacher or administrator as a school
protection officer shall, within thirty days, notify, in writing, the director of the department
of public safety of the designation which shall include the following:
(1) The full name, date of birth, and address of the officer;
(2) The name of the school district; and
(3) The date such person was designated as a school protection officer.
Notwithstanding any other law, any identifying information collected under the authority
of this subsection shall not be considered public information and shall not be subject to a
sunshine request made under chapter 610.
9. A school district may revoke the designation of a person as a school protection
officer for any reason and shall immediately notify the designated school protection officer,
in writing, of the revocation. The school district shall also within thirty days of the
revocation notify the director of the department of public safety, in writing, of the
revocation of the designation of such person as a school protection officer.
10. The director of the department of public safety shall maintain a listing of all
persons designated by school districts as school protection officers and shall make this list
available to all law enforcement agencies.
571.011. 1. No person or entity shall publish the name, address, or other identifying
information of any individual who owns a firearm or who is an applicant for or holder of
any license, certificate, permit, or endorsement which allows such individual to own,
acquire, possess, or carry a firearm.
2. For purposes of this section, "publish" means to issue information or material
in printed or electronic form for distribution or sale to the public.
3. Any person or entity who violates the provisions of this section by publishing
identifying information protected under this section is guilty of a class A misdemeanor.
571.012. 1. No health care professional licensed in this state shall be required by
law to:
(1) Inquire as to whether a patient owns a firearm;
(2) Document or maintain in a patient's medical records whether such patient owns
a firearm; or
(3) Notify any governmental entity of the identity of a patient based solely on the
patient's status as an owner of a firearm.
2. Nothing in this section shall be construed as prohibiting or otherwise restricting
a health care professional from inquiring, documenting, or otherwise disclosing a patient's
status as an owner of a firearm if such inquiry, documentation, or disclosure is necessitated
or medically indicated by the health care professional's scope of practice and such inquiry,
documentation, or disclosure does not violate any other state or federal law.
571.018. 1. Any person who has been found guilty or pleaded guilty or nolo
contendere to a prior felony offense and who commits a subsequent felony offense,
regardless of whether use of a firearm is an element of the subsequent felony offense, and
during the commission of such felony offense the person possesses, displays, brandishes,
threatens to use, attempts to use, or discharges any firearm is guilty of the offense of
unlawful possession or use of a firearm during the commission of a felony. Such offense
shall be in addition to and not in lieu of any underlying felony offense or any other offense
for which such person may be charged and found guilty of or plead guilty or nolo
contendere to.
2. Any person who violates the provisions of this section shall be subject to the
following terms of imprisonment:
(1) For possession of a firearm during the commission of a felony, a term of
imprisonment of ten years;
(2) For displaying, brandishing, threatening to use, or attempting to use a firearm
during the commission of a felony, a term of imprisonment of twenty years; and
(3) For discharging a firearm during the commission of a felony, a term of
imprisonment of life.
The terms of imprisonment in this subsection shall be imposed consecutively to any other
terms of imprisonment imposed for any other felony offense.
3. For purposes of this section, the following terms shall mean:
(1) "Firearm", any weapon that is designed or adapted to expel a projectile by the
action of an explosion;
(2) "Possession", with respect to a firearm, carrying it on the person. Possession
may also be established by demonstrating that the person had a firearm within immediate
physical reach with ready access and the intent to use the firearm during the commission
of a felony.
4. This section shall not apply to law enforcement officers or United States military
personnel who are performing their lawful duties or who are traveling to or from their
places of employment or assignment to perform their lawful duties.
571.030. 1. A person commits the crime of unlawful use of weapons if he or she
knowingly:
(1) Carries concealed upon or about his or her person a knife, a firearm, a blackjack or
any other weapon readily capable of lethal use; or
(2) Sets a spring gun; or
(3) Discharges or shoots a firearm into a dwelling house, a railroad train, boat, aircraft,
or motor vehicle as defined in section 302.010, or any building or structure used for the
assembling of people; or
(4) Exhibits, in the presence of one or more persons, any weapon readily capable of
lethal use in an angry or threatening manner; or
(5) Has a firearm or projectile weapon readily capable of lethal use on his or her person,
while he or she is intoxicated, and handles or otherwise uses such firearm or projectile weapon
in either a negligent or unlawful manner or discharges such firearm or projectile weapon unless
acting in self-defense;
(6) Discharges a firearm within one hundred yards of any occupied schoolhouse,
courthouse, or church building; or
(7) Discharges or shoots a firearm at a mark, at any object, or at random, on, along or
across a public highway or discharges or shoots a firearm into any outbuilding; or
(8) Carries a firearm or any other weapon readily capable of lethal use into any church
or place where people have assembled for worship, or into any election precinct on any election
day, or into any building owned or occupied by any agency of the federal government, state
government, or political subdivision thereof; or
(9) Discharges or shoots a firearm at or from a motor vehicle, as defined in section
301.010, discharges or shoots a firearm at any person, or at any other motor vehicle, or at any
building or habitable structure, unless the person was lawfully acting in self-defense; or
(10) Carries a firearm, whether loaded or unloaded, or any other weapon readily capable
of lethal use into any school, onto any school bus, or onto the premises of any function or activity
sponsored or sanctioned by school officials or the district school board.
2. Subdivisions (1), (8), and (10) of subsection 1 of this section shall not apply to the
persons described in this subsection, regardless of whether such uses are reasonably associated
with or are necessary to the fulfillment of such person's official duties except as otherwise
provided in this subsection. Subdivisions (3), (4), (6), (7), and (9) of subsection 1 of this section
shall not apply to or affect any of the following persons, when such uses are reasonably
associated with or are necessary to the fulfillment of such person's official duties, except as
otherwise provided in this subsection:
(1) All state, county and municipal peace officers who have completed the training
required by the police officer standards and training commission pursuant to sections 590.030
to 590.050 and who possess the duty and power of arrest for violation of the general criminal
laws of the state or for violation of ordinances of counties or municipalities of the state, whether
such officers are on or off duty, and whether such officers are within or outside of the law
enforcement agency's jurisdiction, or all qualified retired peace officers, as defined in subsection
11 of this section, and who carry the identification defined in subsection 12 of this section, or
any person summoned by such officers to assist in making arrests or preserving the peace while
actually engaged in assisting such officer;
(2) Wardens, superintendents and keepers of prisons, penitentiaries, jails and other
institutions for the detention of persons accused or convicted of crime;
(3) Members of the Armed Forces or National Guard while performing their official
duty;
(4) Those persons vested by article V, section 1 of the Constitution of Missouri with the
judicial power of the state and those persons vested by Article III of the Constitution of the
United States with the judicial power of the United States, the members of the federal judiciary;
(5) Any person whose bona fide duty is to execute process, civil or criminal;
(6) Any federal probation officer or federal flight deck officer as defined under the
federal flight deck officer program, 49 U.S.C. Section 44921 regardless of whether such officers
are on duty, or within the law enforcement agency's jurisdiction;
(7) Any state probation or parole officer, including supervisors and members of the
board of probation and parole;
(8) Any corporate security advisor meeting the definition and fulfilling the requirements
of the regulations established by the board of police commissioners under section 84.340;
(9) Any coroner, deputy coroner, medical examiner, or assistant medical examiner;
(10) Any prosecuting attorney or assistant prosecuting attorney or any circuit attorney
or assistant circuit attorney who has completed the firearms safety training course required under
subsection 2 of section 571.111; and
(11) Any member of a fire department or fire protection district who is employed on a
full-time basis as a fire investigator and who has a valid concealed carry endorsement under
section 571.111 when such uses are reasonably associated with or are necessary to the fulfillment
of such person's official duties.
3. Subdivisions (1), (5), (8), and (10) of subsection 1 of this section do not apply when
the actor is transporting such weapons in a nonfunctioning state or in an unloaded state when
ammunition is not readily accessible or when such weapons are not readily accessible.
Subdivision (1) of subsection 1 of this section does not apply to any person [twenty-one]
nineteen years of age or older or eighteen years of age or older and a member of the United
States Armed Forces, or honorably discharged from the United States Armed Forces,
transporting a concealable firearm in the passenger compartment of a motor vehicle, so long as
such concealable firearm is otherwise lawfully possessed, nor when the actor is also in
possession of an exposed firearm or projectile weapon for the lawful pursuit of game, or is in his
or her dwelling unit or upon premises over which the actor has possession, authority or control,
or is traveling in a continuous journey peaceably through this state. Subdivision (10) of
subsection 1 of this section does not apply if the firearm is otherwise lawfully possessed by a
person while traversing school premises for the purposes of transporting a student to or from
school, or possessed by an adult for the purposes of facilitation of a school-sanctioned firearm-related event or club event.
4. Subdivisions (1), (8), and (10) of subsection 1 of this section shall not apply to any
person who has a valid concealed carry endorsement issued pursuant to sections 571.101 to
571.121 or a valid permit or endorsement to carry concealed firearms issued by another state or
political subdivision of another state.
5. Subdivisions (3), (4), (5), (6), (7), (8), (9), and (10) of subsection 1 of this section shall
not apply to persons who are engaged in a lawful act of defense pursuant to section 563.031.
6.
Nothing in this section shall make it unlawful for a student to
actually participate in
school-sanctioned gun safety courses, student military or ROTC courses,
or other school-sponsored or club-sponsored firearm-related events,
provided the student does not carry a firearm
or other weapon readily capable of lethal use into any school, onto any
school bus, or onto the
premises of any other function or activity sponsored or sanctioned by
school officials or the
district school board.
7. Unlawful use of weapons is a class D felony unless committed pursuant to subdivision
(6), (7), or (8) of subsection 1 of this section, in which cases it is a class B misdemeanor, or
subdivision (5) or (10) of subsection 1 of this section, in which case it is a class A misdemeanor
if the firearm is unloaded and a class D felony if the firearm is loaded, or subdivision (9) of
subsection 1 of this section, in which case it is a class B felony, except that if the violation of
subdivision (9) of subsection 1 of this section results in injury or death to another person, it is
a class A felony.
8. Violations of subdivision (9) of subsection 1 of this section shall be punished as
follows:
(1) For the first violation a person shall be sentenced to the maximum authorized term
of imprisonment for a class B felony;
(2) For any violation by a prior offender as defined in section 558.016, a person shall be
sentenced to the maximum authorized term of imprisonment for a class B felony without the
possibility of parole, probation or conditional release for a term of ten years;
(3) For any violation by a persistent offender as defined in section 558.016, a person
shall be sentenced to the maximum authorized term of imprisonment for a class B felony without
the possibility of parole, probation, or conditional release;
(4) For any violation which results in injury or death to another person, a person shall
be sentenced to an authorized disposition for a class A felony.
9. Any person knowingly aiding or abetting any other person in the violation of
subdivision (9) of subsection 1 of this section shall be subject to the same penalty as that
prescribed by this section for violations by other persons.
10. Notwithstanding any other provision of law, no person who pleads guilty to or is
found guilty of a felony violation of subsection 1 of this section shall receive a suspended
imposition of sentence if such person has previously received a suspended imposition of sentence
for any other firearms- or weapons-related felony offense.
11. As used in this section "qualified retired peace officer" means an individual who:
(1) Retired in good standing from service with a public agency as a peace officer, other
than for reasons of mental instability;
(2) Before such retirement, was authorized by law to engage in or supervise the
prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any
violation of law, and had statutory powers of arrest;
(3) Before such retirement, was regularly employed as a peace officer for an aggregate
of fifteen years or more, or retired from service with such agency, after completing any
applicable probationary period of such service, due to a service-connected disability, as
determined by such agency;
(4) Has a nonforfeitable right to benefits under the retirement plan of the agency if such
a plan is available;
(5) During the most recent twelve-month period, has met, at the expense of the
individual, the standards for training and qualification for active peace officers to carry firearms;
(6) Is not under the influence of alcohol or another intoxicating or hallucinatory drug or
substance; and
(7) Is not prohibited by federal law from receiving a firearm.
12. The identification required by subdivision (1) of subsection 2 of this section is:
(1) A photographic identification issued by the agency from which the individual retired
from service as a peace officer that indicates that the individual has, not less recently than one
year before the date the individual is carrying the concealed firearm, been tested or otherwise
found by the agency to meet the standards established by the agency for training and qualification
for active peace officers to carry a firearm of the same type as the concealed firearm; or
(2) A photographic identification issued by the agency from which the individual retired
from service as a peace officer; and
(3) A certification issued by the state in which the individual resides that indicates that
the individual has, not less recently than one year before the date the individual is carrying the
concealed firearm, been tested or otherwise found by the state to meet the standards established
by the state for training and qualification for active peace officers to carry a firearm of the same
type as the concealed firearm.
571.101. 1. All applicants for concealed carry endorsements issued pursuant to
subsection 7 of this section must satisfy the requirements of sections 571.101 to 571.121. If the
said applicant can show qualification as provided by sections 571.101 to 571.121, the county or
city sheriff shall issue a certificate of qualification for a concealed carry endorsement. Upon
receipt of such certificate, the certificate holder shall apply for a driver's license or nondriver's
license with the director of revenue in order to obtain a concealed carry endorsement. Any
person who has been issued a concealed carry endorsement on a driver's license or nondriver's
license and such endorsement or license has not been suspended, revoked, cancelled, or denied
may carry concealed firearms on or about his or her person or within a vehicle. A concealed
carry endorsement shall be valid for a period of three years from the date of issuance or renewal.
The concealed carry endorsement is valid throughout this state.
2. A certificate of qualification for a concealed carry endorsement issued pursuant to
subsection 7 of this section shall be issued by the sheriff or his or her designee of the county or
city in which the applicant resides, if the applicant:
(1) Is at least [twenty-one] nineteen years of age, is a citizen of the United States and
either:
(a) Has assumed residency in this state; or
(b) Is a member of the Armed Forces stationed in Missouri, or the spouse of such
member of the military;
(2) Is at least [twenty-one] nineteen years of age, or is at least eighteen years of age and
a member of the United States Armed Forces or honorably discharged from the United States
Armed Forces, and is a citizen of the United States and either:
(a) Has assumed residency in this state;
(b) Is a member of the Armed Forces stationed in Missouri; or
(c) The spouse of such member of the military stationed in Missouri and [twenty-one]
nineteen years of age;
(3) Has not pled guilty to or entered a plea of nolo contendere or been convicted of a
crime punishable by imprisonment for a term exceeding one year under the laws of any state or
of the United States other than a crime classified as a misdemeanor under the laws of any state
and punishable by a term of imprisonment of one year or less that does not involve an explosive
weapon, firearm, firearm silencer or gas gun;
(4) Has not been convicted of, pled guilty to or entered a plea of nolo contendere to one
or more misdemeanor offenses involving crimes of violence within a five-year period
immediately preceding application for a certificate of qualification for a concealed carry
endorsement or if the applicant has not been convicted of two or more misdemeanor offenses
involving driving while under the influence of intoxicating liquor or drugs or the possession or
abuse of a controlled substance within a five-year period immediately preceding application for
a certificate of qualification for a concealed carry endorsement;
(5) Is not a fugitive from justice or currently charged in an information or indictment
with the commission of a crime punishable by imprisonment for a term exceeding one year under
the laws of any state of the United States other than a crime classified as a misdemeanor under
the laws of any state and punishable by a term of imprisonment of two years or less that does not
involve an explosive weapon, firearm, firearm silencer, or gas gun;
(6) Has not been discharged under dishonorable conditions from the United States
Armed Forces;
(7) Has not engaged in a pattern of behavior, documented in public records, that causes
the sheriff to have a reasonable belief that the applicant presents a danger to himself or others;
(8) Is not adjudged mentally incompetent at the time of application or for five years prior
to application, or has not been committed to a mental health facility, as defined in section
632.005, or a similar institution located in another state following a hearing at which the
defendant was represented by counsel or a representative;
(9) Submits a completed application for a certificate of qualification as described in
subsection 3 of this section;
(10) Submits an affidavit attesting that the applicant complies with the concealed carry
safety training requirement pursuant to subsections 1 and 2 of section 571.111;
(11) Is not the respondent of a valid full order of protection which is still in effect.
3. The application for a certificate of qualification for a concealed carry endorsement
issued by the sheriff of the county of the applicant's residence shall contain only the following
information:
(1) The applicant's name, address, telephone number, gender, and date and place of birth;
(2) An affirmation that the applicant has assumed residency in Missouri or is a member
of the Armed Forces stationed in Missouri or the spouse of such a member of the Armed Forces
and is a citizen of the United States;
(3) An affirmation that the applicant is at least [twenty-one] nineteen years of age or is
eighteen years of age or older and a member of the United States Armed Forces or honorably
discharged from the United States Armed Forces;
(4) An affirmation that the applicant has not pled guilty to or been convicted of a crime
punishable by imprisonment for a term exceeding one year under the laws of any state or of the
United States other than a crime classified as a misdemeanor under the laws of any state and
punishable by a term of imprisonment of one year or less that does not involve an explosive
weapon, firearm, firearm silencer, or gas gun;
(5) An affirmation that the applicant has not been convicted of, pled guilty to, or entered
a plea of nolo contendere to one or more misdemeanor offenses involving crimes of violence
within a five-year period immediately preceding application for a certificate of qualification to
obtain a concealed carry endorsement or if the applicant has not been convicted of two or more
misdemeanor offenses involving driving while under the influence of intoxicating liquor or drugs
or the possession or abuse of a controlled substance within a five-year period immediately
preceding application for a certificate of qualification to obtain a concealed carry endorsement;
(6) An affirmation that the applicant is not a fugitive from justice or currently charged
in an information or indictment with the commission of a crime punishable by imprisonment for
a term exceeding one year under the laws of any state or of the United States other than a crime
classified as a misdemeanor under the laws of any state and punishable by a term of
imprisonment of two years or less that does not involve an explosive weapon, firearm, firearm
silencer or gas gun;
(7) An affirmation that the applicant has not been discharged under dishonorable
conditions from the United States Armed Forces;
(8) An affirmation that the applicant is not adjudged mentally incompetent at the time
of application or for five years prior to application, or has not been committed to a mental health
facility, as defined in section 632.005, or a similar institution located in another state, except that
a person whose release or discharge from a facility in this state pursuant to chapter 632, or a
similar discharge from a facility in another state, occurred more than five years ago without
subsequent recommitment may apply;
(9) An affirmation that the applicant has received firearms safety training that meets the
standards of applicant firearms safety training defined in subsection 1 or 2 of section 571.111;
(10) An affirmation that the applicant, to the applicant's best knowledge and belief, is
not the respondent of a valid full order of protection which is still in effect; and
(11) A conspicuous warning that false statements made by the applicant will result in
prosecution for perjury pursuant to the laws of the state of Missouri.
4. An application for a certificate of qualification for a concealed carry endorsement shall
be made to the sheriff of the county or any city not within a county in which the applicant
resides. An application shall be filed in writing, signed under oath and under the penalties of
perjury, and shall state whether the applicant complies with each of the requirements specified
in subsection 2 of this section. In addition to the completed application, the applicant for a
certificate of qualification for a concealed carry endorsement must also submit the following:
(1) A photocopy of a firearms safety training certificate of completion or other evidence
of completion of a firearms safety training course that meets the standards established in
subsection 1 or 2 of section 571.111; and
(2) A nonrefundable certificate of qualification fee as provided by subsection 10 or 11
of this section.
5. Before an application for a certificate of qualification for a concealed carry
endorsement is approved, the sheriff shall make only such inquiries as he or she deems necessary
into the accuracy of the statements made in the application. The sheriff may require that the
applicant display a Missouri driver's license or nondriver's license or military identification and
orders showing the person being stationed in Missouri. In order to determine the applicant's
suitability for a certificate of qualification for a concealed carry endorsement, the applicant shall
be fingerprinted. The sheriff shall request a criminal background check through the appropriate
law enforcement agency within three working days after submission of the properly completed
application for a certificate of qualification for a concealed carry endorsement. If no
disqualifying record is identified by the fingerprint check at the state level, the fingerprints shall
be forwarded to the Federal Bureau of Investigation for a national criminal history record check.
Upon receipt of the completed background check, the sheriff shall issue a certificate of
qualification for a concealed carry endorsement within three working days. The sheriff shall
issue the certificate within forty-five calendar days if the criminal background check has not been
received, provided that the sheriff shall revoke any such certificate and endorsement within
twenty-four hours of receipt of any background check that results in a disqualifying record, and
shall notify the department of revenue.
6. The sheriff may refuse to approve an application for a certificate of qualification for
a concealed carry endorsement if he or she determines that any of the requirements specified in
subsection 2 of this section have not been met, or if he or she has a substantial and demonstrable
reason to believe that the applicant has rendered a false statement regarding any of the provisions
of sections 571.101 to 571.121. If the applicant is found to be ineligible, the sheriff is required
to deny the application, and notify the applicant in writing, stating the grounds for denial and
informing the applicant of the right to submit, within thirty days, any additional documentation
relating to the grounds of the denial. Upon receiving any additional documentation, the sheriff
shall reconsider his or her decision and inform the applicant within thirty days of the result of
the reconsideration. The applicant shall further be informed in writing of the right to appeal the
denial pursuant to subsections 2, 3, 4, and 5 of section 571.114. After two additional reviews
and denials by the sheriff, the person submitting the application shall appeal the denial pursuant
to subsections 2, 3, 4, and 5 of section 571.114.
7. If the application is approved, the sheriff shall issue a certificate of qualification for
a concealed carry endorsement to the applicant within a period not to exceed three working days
after his or her approval of the application. The applicant shall sign the certificate of
qualification in the presence of the sheriff or his or her designee and shall within seven days of
receipt of the certificate of qualification take the certificate of qualification to the department of
revenue. Upon verification of the certificate of qualification and completion of a driver's license
or nondriver's license application pursuant to chapter 302, the director of revenue shall issue a
new driver's license or nondriver's license with an endorsement which identifies that the
applicant has received a certificate of qualification to carry concealed weapons issued pursuant
to sections 571.101 to 571.121 if the applicant is otherwise qualified to receive such driver's
license or nondriver's license. Notwithstanding any other provision of chapter 302, a nondriver's
license with a concealed carry endorsement shall expire three years from the date the certificate
of qualification was issued pursuant to this section. The requirements for the director of revenue
to issue a concealed carry endorsement pursuant to this subsection shall not be effective until
July 1, 2004, and the certificate of qualification issued by a county sheriff pursuant to subsection
1 of this section shall allow the person issued such certificate to carry a concealed weapon
pursuant to the requirements of subsection 1 of section 571.107 in lieu of the concealed carry
endorsement issued by the director of revenue from October 11, 2003, until the concealed carry
endorsement is issued by the director of revenue on or after July 1, 2004, unless such certificate
of qualification has been suspended or revoked for cause.
8. The sheriff shall keep a record of all applications for a certificate of qualification for
a concealed carry endorsement and his or her action thereon. The sheriff shall report the issuance
of a certificate of qualification to the Missouri uniform law enforcement system. All information
on any such certificate that is protected information on any driver's or nondriver's license shall
have the same personal protection for purposes of sections 571.101 to 571.121. An applicant's
status as a holder of a certificate of qualification or a concealed carry endorsement shall not be
public information and shall be considered personal protected information. Any person who
violates the provisions of this subsection by disclosing protected information shall be guilty of
a class A misdemeanor.
9. Information regarding any holder of a certificate of qualification or a concealed carry
endorsement is a closed record.
10. For processing an application for a certificate of qualification for a concealed carry
endorsement pursuant to sections 571.101 to 571.121, the sheriff in each county shall charge a
nonrefundable fee not to exceed one hundred dollars which shall be paid to the treasury of the
county to the credit of the sheriff's revolving fund.
11. For processing a renewal for a certificate of qualification for a concealed carry
endorsement pursuant to sections 571.101 to 571.121, the sheriff in each county shall charge a
nonrefundable fee not to exceed fifty dollars which shall be paid to the treasury of the county to
the credit of the sheriff's revolving fund.
12. For the purposes of sections 571.101 to 571.121, the term "sheriff" shall include the
sheriff of any county or city not within a county or his or her designee and in counties of the first
classification the sheriff may designate the chief of police of any city, town, or municipality
within such county.
571.107. 1. A concealed carry endorsement issued pursuant to sections 571.101 to
571.121 or a concealed carry endorsement or permit issued by another state or political
subdivision of another state shall authorize the person in whose name the permit or endorsement
is issued to carry concealed firearms on or about his or her person or vehicle throughout the state.
No driver's license or nondriver's license containing a concealed carry endorsement issued
pursuant to sections 571.101 to 571.121 or a concealed carry endorsement or permit issued by
another state or political subdivision of another state shall authorize any person to carry
concealed firearms into:
(1) Any police, sheriff, or highway patrol office or station without the consent of the
chief law enforcement officer in charge of that office or station. Possession of a firearm in a
vehicle on the premises of the office or station shall not be a criminal offense so long as the
firearm is not removed from the vehicle or brandished while the vehicle is on the premises;
(2) Within twenty-five feet of any polling place on any election day. Possession of a
firearm in a vehicle on the premises of the polling place shall not be a criminal offense so long
as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;
(3) The facility of any adult or juvenile detention or correctional institution, prison or
jail. Possession of a firearm in a vehicle on the premises of any adult, juvenile detention, or
correctional institution, prison or jail shall not be a criminal offense so long as the firearm is not
removed from the vehicle or brandished while the vehicle is on the premises;
(4) Any courthouse solely occupied by the circuit, appellate or supreme court, or any
courtrooms, administrative offices, libraries or other rooms of any such court whether or not such
court solely occupies the building in question. This subdivision shall also include, but not be
limited to, any juvenile, family, drug, or other court offices, any room or office wherein any of
the courts or offices listed in this subdivision are temporarily conducting any business within the
jurisdiction of such courts or offices, and such other locations in such manner as may be
specified by supreme court rule pursuant to subdivision (6) of this subsection. Nothing in this
subdivision shall preclude those persons listed in subdivision (1) of subsection 2 of section
571.030 while within their jurisdiction and on duty, those persons listed in subdivisions (2), (4),
and (10) of subsection 2 of section 571.030, or such other persons who serve in a law
enforcement capacity for a court as may be specified by supreme court rule pursuant to
subdivision (6) of this subsection from carrying a concealed firearm within any of the areas
described in this subdivision. Possession of a firearm in a vehicle on the premises of any of the
areas listed in this subdivision shall not be a criminal offense so long as the firearm is not
removed from the vehicle or brandished while the vehicle is on the premises;
(5) Any meeting of the governing body of a unit of local government; or any meeting of
the general assembly or a committee of the general assembly, except that nothing in this
subdivision shall preclude a member of the body holding a valid concealed carry endorsement
from carrying a concealed firearm at a meeting of the body which he or she is a member.
Possession of a firearm in a vehicle on the premises shall not be a criminal offense so long as the
firearm is not removed from the vehicle or brandished while the vehicle is on the premises.
Nothing in this subdivision shall preclude a member of the general assembly, a full-time
employee of the general assembly employed under section 17, article III, Constitution of
Missouri, legislative employees of the general assembly as determined under section 21.155, or
statewide elected officials and their employees, holding a valid concealed carry endorsement,
from carrying a concealed firearm in the state capitol building or at a meeting whether of the full
body of a house of the general assembly or a committee thereof, that is held in the state capitol
building;
(6) The general assembly, supreme court, county or municipality may by rule,
administrative regulation, or ordinance prohibit or limit the carrying of concealed firearms by
endorsement holders in that portion of a building owned, leased or controlled by that unit of
government. Any portion of a building in which the carrying of concealed firearms is prohibited
or limited shall be clearly identified by signs posted at the entrance to the restricted area. The
statute, rule or ordinance shall exempt any building used for public housing by private persons,
highways or rest areas, firing ranges, and private dwellings owned, leased, or controlled by that
unit of government from any restriction on the carrying or possession of a firearm. The statute,
rule or ordinance shall not specify any criminal penalty for its violation but may specify that
persons violating the statute, rule or ordinance may be denied entrance to the building, ordered
to leave the building and if employees of the unit of government, be subjected to disciplinary
measures for violation of the provisions of the statute, rule or ordinance. The provisions of this
subdivision shall not apply to any other unit of government;
(7) Any establishment licensed to dispense intoxicating liquor for consumption on the
premises, which portion is primarily devoted to that purpose, without the consent of the owner
or manager. The provisions of this subdivision shall not apply to the licensee of said
establishment. The provisions of this subdivision shall not apply to any bona fide restaurant
open to the general public having dining facilities for not less than fifty persons and that receives
at least fifty-one percent of its gross annual income from the dining facilities by the sale of food.
This subdivision does not prohibit the possession of a firearm in a vehicle on the premises of the
establishment and shall not be a criminal offense so long as the firearm is not removed from the
vehicle or brandished while the vehicle is on the premises. Nothing in this subdivision
authorizes any individual who has been issued a concealed carry endorsement to possess any
firearm while intoxicated;
(8) Any area of an airport to which access is controlled by the inspection of persons and
property. Possession of a firearm in a vehicle on the premises of the airport shall not be a
criminal offense so long as the firearm is not removed from the vehicle or brandished while the
vehicle is on the premises;
(9) Any place where the carrying of a firearm is prohibited by federal law;
(10) Any higher education institution or elementary or secondary school facility without
the consent of the governing body of the higher education institution or a school official or the
district school board, unless the person with the concealed carry endorsement or permit is
a teacher or administrator of an elementary or secondary school who has been designated
by his or her school district as a school protection officer and is carrying a firearm in a
school within that district, in which case no consent is required. Possession of a firearm in
a vehicle on the premises of any higher education institution or elementary or secondary school
facility shall not be a criminal offense so long as the firearm is not removed from the vehicle or
brandished while the vehicle is on the premises;
(11) Any portion of a building used as a child care facility without the consent of the
manager. Nothing in this subdivision shall prevent the operator of a child care facility in a
family home from owning or possessing a firearm or a driver's license or nondriver's license
containing a concealed carry endorsement;
(12) Any riverboat gambling operation accessible by the public without the consent of
the owner or manager pursuant to rules promulgated by the gaming commission. Possession of
a firearm in a vehicle on the premises of a riverboat gambling operation shall not be a criminal
offense so long as the firearm is not removed from the vehicle or brandished while the vehicle
is on the premises;
(13) Any gated area of an amusement park. Possession of a firearm in a vehicle on the
premises of the amusement park shall not be a criminal offense so long as the firearm is not
removed from the vehicle or brandished while the vehicle is on the premises;
(14) Any church or other place of religious worship without the consent of the minister
or person or persons representing the religious organization that exercises control over the place
of religious worship. Possession of a firearm in a vehicle on the premises shall not be a criminal
offense so long as the firearm is not removed from the vehicle or brandished while the vehicle
is on the premises;
(15) Any private property whose owner has posted the premises as being off-limits to
concealed firearms by means of one or more signs displayed in a conspicuous place of a
minimum size of eleven inches by fourteen inches with the writing thereon in letters of not less
than one inch. The owner, business or commercial lessee, manager of a private business
enterprise, or any other organization, entity, or person may prohibit persons holding a concealed
carry endorsement from carrying concealed firearms on the premises and may prohibit
employees, not authorized by the employer, holding a concealed carry endorsement from
carrying concealed firearms on the property of the employer. If the building or the premises are
open to the public, the employer of the business enterprise shall post signs on or about the
premises if carrying a concealed firearm is prohibited. Possession of a firearm in a vehicle on
the premises shall not be a criminal offense so long as the firearm is not removed from the
vehicle or brandished while the vehicle is on the premises. An employer may prohibit employees
or other persons holding a concealed carry endorsement from carrying a concealed firearm in
vehicles owned by the employer;
(16) Any sports arena or stadium with a seating capacity of five thousand or more.
Possession of a firearm in a vehicle on the premises shall not be a criminal offense so long as the
firearm is not removed from the vehicle or brandished while the vehicle is on the premises;
(17) Any hospital accessible by the public. Possession of a firearm in a vehicle on the
premises of a hospital shall not be a criminal offense so long as the firearm is not removed from
the vehicle or brandished while the vehicle is on the premises.
2. Carrying of a concealed firearm in a location specified in subdivisions (1) to (17) of
subsection 1 of this section by any individual who holds a concealed carry endorsement issued
pursuant to sections 571.101 to 571.121 shall not be a criminal act but may subject the person
to denial to the premises or removal from the premises. If such person refuses to leave the
premises and a peace officer is summoned, such person may be issued a citation for an amount
not to exceed one hundred dollars for the first offense. If a second citation for a similar violation
occurs within a six-month period, such person shall be fined an amount not to exceed two
hundred dollars and his or her endorsement to carry concealed firearms shall be suspended for
a period of one year. If a third citation for a similar violation is issued within one year of the first
citation, such person shall be fined an amount not to exceed five hundred dollars and shall have
his or her concealed carry endorsement revoked and such person shall not be eligible for a
concealed carry endorsement for a period of three years. Upon conviction of charges arising
from a citation issued pursuant to this subsection, the court shall notify the sheriff of the county
which issued the certificate of qualification for a concealed carry endorsement and the
department of revenue. The sheriff shall suspend or revoke the certificate of qualification for
a concealed carry endorsement and the department of revenue shall issue a notice of such
suspension or revocation of the concealed carry endorsement and take action to remove the
concealed carry endorsement from the individual's driving record. The director of revenue shall
notify the licensee that he or she must apply for a new license pursuant to chapter 302 which
does not contain such endorsement. A concealed carry endorsement suspension pursuant to
sections 571.101 to 571.121 shall be reinstated at the time of the renewal of his or her driver's
license. The notice issued by the department of revenue shall be mailed to the last known
address shown on the individual's driving record. The notice is deemed received three days after
mailing.
571.117. 1. Any person who has knowledge that another person, who was issued a
certificate of qualification for a concealed carry endorsement pursuant to sections 571.101 to
571.121, never was or no longer is eligible for such endorsement under the criteria established
in sections 571.101 to 571.121 may file a petition with the clerk of the small claims court to
revoke that person's certificate of qualification for a concealed carry endorsement and such
person's concealed carry endorsement. The petition shall be in a form substantially similar to the
petition for revocation of concealed carry endorsement provided in this section. Appeal forms
shall be provided by the clerk of the small claims court free of charge to any person:
SMALL CLAIMS COURT
In the Circuit Court of ............., Missouri
........................., PLAINTIFF
)
)
vs. ) Case Number ....................
)
.........................., DEFENDANT,
Carry Endorsement Holder
.........................., DEFENDANT,
Sheriff of Issuance
PETITION FOR REVOCATION
OF CERTIFICATE OF QUALIFICATION
OR CONCEALED CARRY ENDORSEMENT
Plaintiff states to the court that the defendant, .............., has a certificate of qualification
or a concealed carry endorsement issued pursuant to sections 571.101 to 571.121, RSMo, and
that the defendant's certificate of qualification or concealed carry endorsement should now be
revoked because the defendant either never was or no longer is eligible for such a certificate or
endorsement pursuant to the provisions of sections 571.101 to 571.121, RSMo, specifically
plaintiff states that defendant, .............., never was or no longer is eligible for such certificate or
endorsement for one or more of the following reasons:
(CHECK BELOW EACH REASON
THAT APPLIES TO THIS DEFENDANT)
☐ Defendant is not at least [twenty-one] nineteen years of age or at least eighteen years
of age and a member of the United States Armed Forces or honorably discharged from the
United States Armed Forces.
☐ Defendant is not a citizen of the United States.
☐ Defendant had not resided in this state prior to issuance of the permit and does not
qualify as a military member or spouse of a military member stationed in Missouri.
☐ Defendant has pled guilty to or been convicted of a crime punishable by imprisonment
for a term exceeding one year under the laws of any state or of the United States other than a
crime classified as a misdemeanor under the laws of any state and punishable by a term of
imprisonment of one year or less that does not involve an explosive weapon, firearm, firearm
silencer, or gas gun.
☐
Defendant has been convicted of, pled guilty to or entered a plea of
nolo contendere
to one or more misdemeanor offenses involving crimes of violence within a
five-year period
immediately preceding application for a certificate of qualification or
concealed carry
endorsement issued pursuant to sections 571.101 to 571.121, RSMo, or if
the applicant has been
convicted of two or more misdemeanor offenses involving driving while
under the influence of
intoxicating liquor or drugs or the possession or abuse of a controlled
substance within a five-year period immediately preceding application
for a certificate of qualification or a concealed
carry endorsement issued pursuant to sections 571.101 to 571.121, RSMo.
☐ Defendant is a fugitive from justice or currently charged in an information or
indictment with the commission of a crime punishable by imprisonment for a term exceeding one
year under the laws of any state of the United States other than a crime classified as a
misdemeanor under the laws of any state and punishable by a term of imprisonment of one year
or less that does not involve an explosive weapon, firearm, firearm silencer, or gas gun.
☐ Defendant has been discharged under dishonorable conditions from the United States
Armed Forces.
☐ Defendant is reasonably believed by the sheriff to be a danger to self or others based
on previous, documented pattern.
☐ Defendant is adjudged mentally incompetent at the time of application or for five years
prior to application, or has been committed to a mental health facility, as defined in section
632.005, RSMo, or a similar institution located in another state, except that a person whose
release or discharge from a facility in this state pursuant to chapter 632, RSMo, or a similar
discharge from a facility in another state, occurred more than five years ago without subsequent
recommitment may apply.
☐ Defendant failed to submit a completed application for a certificate of qualification or
concealed carry endorsement issued pursuant to sections 571.101 to 571.121, RSMo.
☐ Defendant failed to submit to or failed to clear the required background check.
☐ Defendant failed to submit an affidavit attesting that the applicant complies with the
concealed carry safety training requirement pursuant to subsection 1 of section 571.111, RSMo.
The plaintiff subject to penalty for perjury states that the information contained in this petition
is true and correct to the best of the plaintiff's knowledge, is reasonably based upon the
petitioner's personal knowledge and is not primarily intended to harass the defendant/respondent
named herein.
..........................., PLAINTIFF
2. If at the hearing the plaintiff shows that the defendant was not eligible for the
certificate of qualification or the concealed carry endorsement issued pursuant to sections
571.101 to 571.121 at the time of issuance or renewal or is no longer eligible for a certificate of
qualification or the concealed carry endorsement issued pursuant to the provisions of sections
571.101 to 571.121, the court shall issue an appropriate order to cause the revocation of the
certificate of qualification or concealed carry endorsement. Costs shall not be assessed against
the sheriff.
3. The finder of fact, in any action brought against an endorsement holder pursuant to
subsection 1 of this section, shall make findings of fact and the court shall make conclusions of
law addressing the issues at dispute. If it is determined that the plaintiff in such an action acted
without justification or with malice or primarily with an intent to harass the endorsement holder
or that there was no reasonable basis to bring the action, the court shall order the plaintiff to pay
the defendant/respondent all reasonable costs incurred in defending the action including, but not
limited to, attorney's fees, deposition costs, and lost wages. Once the court determines that the
plaintiff is liable to the defendant/respondent for costs and fees, the extent and type of fees and
costs to be awarded should be liberally calculated in defendant/respondent's favor.
Notwithstanding any other provision of law, reasonable attorney's fees shall be presumed to be
at least one hundred fifty dollars per hour.
4. Any person aggrieved by any final judgment rendered by a small claims court in a
petition for revocation of a certificate of qualification or concealed carry endorsement may have
a right to trial de novo as provided in sections 512.180 to 512.320.
5. The office of the county sheriff or any employee or agent of the county sheriff shall
not be liable for damages in any civil action arising from alleged wrongful or improper granting,
renewing, or failure to revoke a certificate of qualification or a concealed carry endorsement
issued pursuant to sections 571.101 to 571.121, so long as the sheriff acted in good faith.
590.010. As used in this chapter, the following terms mean:
(1) "Commission", when not obviously referring to the POST commission, means a grant
of authority to act as a peace officer;
(2) "Director", the director of the Missouri department of public safety or his or her
designated agent or representative;
(3) "Peace officer", a law enforcement officer of the state or any political subdivision of
the state with the power of arrest for a violation of the criminal code or declared or deemed to
be a peace officer by state statute;
(4) "POST commission", the peace officer standards and training commission;
(5) "Reserve peace officer", a peace officer who regularly works less than thirty hours
per week;
(6) "School protection officer", an elementary or secondary school teacher or
administrator who has been designated as a school protection officer by a school district.
590.200. 1. The POST commission shall:
(1) Establish minimum standards for the training of school protection officers;
(2) Set the minimum number of hours of training required for a school protection
officer; and
(3) Set the curriculum for school protection officer training programs.
2. At a minimum this training shall include:
(1) Instruction specific to the prevention of incidents of violence in schools;
(2) The handling of emergency or violent crisis situations in school settings;
(3) A review of all state criminal laws;
(4) Training involving the use of defensive force; and
(5) Training involving the use of deadly force.
590.205. 1. The POST commission shall establish minimum standards for school
protection officer training instructors, training centers, and training programs.
2. The director shall develop and maintain a list of approved school protection
officer training instructors, training centers, and training programs. The director shall not
place any instructor, training center, or training program on its approved list unless such
instructor, training center, or training program meets all of the POST commission
requirements under this section and section 590.200. The director shall make this
approved list available to every school district in the state.
3. Each person seeking entrance into a school protection officer training center or
training program shall submit a fingerprint card and authorization for a criminal history
background check to include the records of the Federal Bureau of Investigation to the
training center or training program where such person is seeking entrance. The training
center or training program shall cause a criminal history background check to be made
and shall cause the resulting report to be forwarded to the school district where the
elementary school teacher or administrator is seeking to be designated as a school
protection officer.
4. No person shall be admitted to a school protection officer training center or
training program unless such person submits proof to the training center or training
program that he or she has a valid concealed carry endorsement.
5. A certificate of school protection officer training program completion may be
issued to any applicant by any approved school protection officer training instructor. On
the certificate of program completion the approved school protection officer training
instructor shall affirm that the individual receiving instruction has taken and passed a
school protection officer training program that meets the requirements of this section and
section 590.200 and that the individual has a valid concealed carry endorsement. The
instructor shall also provide a copy of such certificate to the director of the department of
public safety.
590.207. 1. Notwithstanding any other provision of law, any person designated as
a school protection officer under the provisions of section 160.665 who fails to properly
carry his or her concealed weapon on his or her person at all times while on school
property as proscribed under subsection 2 of section 160.655 shall be guilty of a class A
misdemeanor and shall be subject to employment termination proceedings within the
school district.
2. Any school employee who discloses any information collected under subsection
8 of section 160.655 that contains identifying personal information about any person
designated as a school protection officer to anyone other than those authorized to receive
the information under subsection 8 of section 160.655 shall be guilty of a class B
misdemeanor and shall be subject to employment termination proceedings within the
school district.
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