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Sheriff reviews new conceal and carry law
The successful override of Gov. Jay Nixon's veto of Senate Bill 656 on Sept. 14, means several smaller changes on concealed weapons will take effect in mid-October with the most significant ones occurring Jan. 1, 2017.
"The bottom line is this," said Vernon County Sheriff, Jason Mosher. "Yes, after Jan. 1, 2017, you can carry a concealed weapon without a permit in Missouri wherever open carry is presently permitted. But there still will be 17 categories of places where it will be illegal to carry them into. And if you do and are discovered, you can be charged, arrested, and if convicted, put in jail."
But, after Jan. 1, 2017, if you have a conceal and carry weapon's permit and you enter one of those 17 categories of places, what happens then?
"You will be asked to leave and if you do so, you will not be charged," said Mosher. "If you refuse, you can be charged and fined, with repeated violations leading to the revocation of your permit."
Besides not running into a weapons charge are there other reasons to attend classes and get a permit?
"The new law lets you substitute in-class instruction with one hour online but I advise those who wish to carry a weapon to take at least eight hours of classroom training and get plenty of practice loading, unloading, cleaning and shooting the weapon," said Mosher. "To get the permit you only have to fire 20 rounds in practice and another 20 as a test but I'd advise regular practice. Police officers and military personnel practice regularly so they do not have to think but react properly in times of stress."
Here are the 17 categories, both at present and after Jan. 1, into which weapons are not to be brought.
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.
2. Within 25 feet of any polling place on any election day.
3. The facility of any adult or juvenile detention or correctional institution, prison or jail.
4. Any courthouse or building used by a court.
5. Any government meeting including state legislature.
6. Government owned buildings except public housing.
7. Bars (except owners), without the consent of the owner or manager.
8. Any area of an airport to which access is controlled by the inspection of persons and property.
9. Any place where the carrying of a firearm is prohibited by federal law (crimes fall under federal law).
10. Any school (including colleges) without the consent of the governing body of the higher education institution or a school official or the district school board.
11. Any childcare facility without the consent of the manager.
12. Any casino without the consent of the owner or manager pursuant to rules promulgated by the gaming commission.
13. Any gated area of an amusement park.
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.
15. Any private property conspicuously posted off-limits to concealed firearms with 11×14-inch sign with one-inch letters.
16. Any sports arena or stadium with a seating capacity of 5,000 or more.
17. Any hospital accessible by the public.
Senate Bill 656 expands the self-defense concepts known as the "castle doctrine" and "stand your ground."
Coming from English common law, the castle doctrine goes back to Sir Edward Coke, who in 1628 penned the now famous dictum, "For a man's house is his castle, and each man's home is his safest refuge."
English common law came with colonists to the New World, where it has become known as the castle doctrine.
Senate Bill 656 expands castle doctrine protections so as to include not only the owners and immediate family but also anyone legally allowed into your home, vehicle, business as well as property.
The new law is also a "stand-your-ground" law, sometimes called a "line in the sand" or no duty to retreat" law and authorizes people to protect and defend themselves against threats or perceived threats while having no duty to retreat from any place where they have a lawful right to be. In addition, the new law makes clear that people may use any level of force if they reasonably believe they face an imminent and immediate threat of serious bodily harm or death.
Conversely, the act of carrying a concealed weapon onto private property whose owner has posted the premises as being off-limits with appropriate signage in itself is declared not to be a criminal act although the person may be removed from the premises and fined.
Except for credit card fees incurred, the new law states no additional fee beyond $100 may be charged to process concealed carry permits and allows military members extra time to renew their permits if expiration occurs while on active duty.
"At first we charged $100 but we got our costs down so they're now $65 and depending on our costs next year, we hope to get that down to $50 or maybe even $40, but we'll see," said Mosher.
The new law has provisions for extended duration licenses but these are not covered under reciprocity agreements with other states. A 10-year license will cost $200, one for 25-years is $250 while a lifetime non-reciprocity issued permit will cost $500. To renew an extended permit, the permit holder must pay $50
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.
"To help avoid potential legal issues, firearms should be carried unloaded, locked in a case, and stored in an area inaccessible to the driver or any passenger such as the trunk," added Mosher. "You need to store ammunition in a separate locked container."
Travelers in areas with restrictive laws are also advised to carry copies of any applicable firearm licenses or permits.
"People get into law enforcement for a number of reasons," said Mosher. "There are those who want a badge and gun so they can act tough and intimidate people. And then, there are those who want to serve and protect. I think the same might be true for those wanting conceal and carry. On my force, I don't want the first type but I sure want plenty of the other. I think the best way to uphold our second amendment rights comes by taking training, safety and use seriously."