Gov. Nixon signs new concealed carry laws

The Missouri State Highway patrol has issued a press release with a synopsis of the new concealed carry permit and other firearms related regulations signed into law by Missouri Gov. Jay Nixon on July 12.

Under current law, a person seeking to carry a concealed firearm must apply to the sheriff for a certificate of qualification for a concealed carry permit. 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 non-driver'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 non-driver's license with a concealed carry endorsement. Instead, the permit issued by the sheriff authorizes the person to carry concealed firearms.

Concealed carry permits will be valid for five years from the date of issuance or renewal. A concealed carry endorsement issued prior to Aug. 28, 2013, must continue for a period of three years from the date of issuance or renewal, as described in the act.

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 that show 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 state law. 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 identity for permit renewal.

Biometric data is prohibited from being collected from the applicant other than fingerprints. 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 calendar days and no disqualifying information has come to the sheriff's attention, the sheriff must issue a provisional permit. The permit will be valid until the sheriff issues or denies the certificate of qualification. The sheriff must revoke a provisional permit within 24 hours of receipt of any background check that identifies a disqualifying record and must notify the Missouri Uniform Law Enforcement System (MULES).

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 2 inches wide by 3 1/4 inches and must be of a uniform style. The permit must be assigned a MULES county code and must be stored in sequential numbered order.

Sheriffs must keep a record of all applications for concealed carry permits or provisional 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 Aug. 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 Aug. 28, 2013, must be given to MoSmart and the sheriff of the county in which the applicant resides.

An applicant's status as a holder of a concealed carry permit, provisional permit, or a concealed carry endorsement issued prior to Aug. 28, 2013, is not public information, is considered personal protected information, and 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 Aug. 28, 2013, must destroy them upon successful issuance of a permit.

For purposes of chapter 571, the term "concealed carry permit" will include any concealed carry endorsement issued by the Department of Revenue before Jan. 1, 2014. and any concealed carry document issued by any sheriff or under the authority of any sheriff after Dec. 31, 2013.

A concealed carry permit, or endorsement, must be suspended or revoked if the holder becomes ineligible, as described in the act. In addition, when a valid full order of protection, arrest warrant, or commitment occurs, or a court order in a criminal proceeding is issued, the concealed carry permit or endorsement must be surrendered, as described in the act.

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 Aug. 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 non-driver's license containing an endorsement in lieu of the fingerprint and firearms safety training requirement.

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 concealed carry permit or endorsement holder's permanent address changes and he or she reports the address change to the sheriffs, 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 Aug. 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 non-driver'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.

This act repeals the requirement that a concealed carry endorsement suspension be reinstated at the time of the individual's driver's license. The full text of SB75 can be found online at http://www.senate.mo.gov/13info/pdf-bill/txt/SB75.pdf.