Missouri Sheriffs’ Association

CCW Permit Legal Update September 19, 2014

Kevin Bond Michael R. Covington President Executive Director

POINT OF CONTACT Kevin Merritt

Missouri Sheriffs’ Association 6605 Business 50 West Jefferson City, Missouri Phone: (573) 301-7728

Email: kevin@mosheriffs.com Web site: www.mosheriffs.com

LEGAL DISCLAIMER Since the passage of SB745 and the veto override of SB656, the Missouri Sheriffs’ Association has worked closely with and held numerous conversations with its legal counsel regarding an analysis of conflicts between the two bills that are each law of Missouri. The information contained in this document is for informational purposes only. It is not intended to and in no manner should be construed to constitute legal advice. Consult your own legal counsel prior to making decisions or acting on any information contained in this document.

CHANGES TO MISSOURI CCW PERMIT/ENDORSEMENT LAW SB745 AUGUST 28, 2014 & SB656 October 10, 2014

TABLE OF CONTENTS

A. AGE REQUIREMENT

B. EXPIRATION DATES HAVE CHANGED

C. NOTIFICATION LETTERS TO APPLICANT

D. TAKING DOCUMENTS TO DOR NO LONGER REQUIRED

E. REPORTING PERMIT/ENDORSEMENT INFORMATION

F. SIZE OF THE PERMIT CARDS

G. BATCH REPORTING & BULK DOWNLOADING

H. SHERIFFS MAY ACCESS PERMIT RECORDS FOR ADMINISTRATIVE PURPOSES

I. CHANGES TO WHEN & HOW A PERMIT SHALL BE SUSPENDED

J. WHO SHALL SUSPEND/REINSTATE A PERMIT/ENDORSEMENT

K. NOTIFICATION OF CHANGE OF ADDRESS (JURISDICTION) SHERIFF REQUIRED TO SEND RECORDS-PERMIT INVALID AFTER 180 DAYS

L. NOTIFICATION OF NAME CHANGE

M. FIREARMS SAFETY TRAINING

N. QUALIFIED FIREARMS SAFETY INSTRUCTOR DATABASE

CHANGES TO MISSOURI CCW PERMIT/ENDORSEMENT LAW SB745 AUGUST 28, 2014 & SB656 October 10, 2014

A. AGE REQUIREMENT: Effective October 10, 2014 1. SB656 - 19 years of age or older, 18 years of age on Military exceptions.

B. EXPIRATION DATES HAVE CHANGED: Effective August 28, 2014 1. SB745 & SB656 - Permits and endorsement expire on the last day of the month of issue or

renewal.

C. NOTIFICATION LETTERS TO APPLICANT: Effective August 28, 2014 1. SB745 - Sheriffs no longer have to notify a permit or endorsement holder, who has not renewed

their status within six months, that their expired permit or endorsement has been cancelled. 2. Sheriffs must notify the concealed carry permit system of the cancellation.

D. TAKING DOCUMENTS TO DOR NO LONGER REQUIRED: Effective August 28, 2014 1. SB745 & SB656 - The language about applicants taking documents to DOR has been removed.

E. REPORTING PERMIT/ENDORSEMENT INFORMATION: 1. SB745 – Report to the Concealed Carry Permit System as of August 28, 20142. SB656 – Report to MULES as of October 10, 2014 (There is no method or communication channel to

facilitate thisreporting)

F. SIZE OF THE PERMIT CARDS: 1. SB745 – 2 1/8” x 3 3/8” (Continue using these cards supplied with the CCW equipment)2. SB656 – 2” x 3 ¼” (This size of card does not exist on the market today)

G. BATCH REPORTING & BULK DOWNLOADING: 1. SB745 - Effective August 28, 2014

a. Information retained in the concealed carry permit system shall not be distributed toany federal, state, or private entities; and

b. Information shall only be made available for a single entry query of an individual in theevent the individual is a subject of interest in an active criminal investigation or isarrested for a crime.

2. SB656 - Effective October 10, 2014a. Information retained in the concealed carry permit system shall not be batch processed

for query; andb. Information shall only be made available for a single entry query of an individual in the

event the individual is a subject of interest in an active criminal investigation or isarrested for a crime.

c. No bulk download or batch data shall be performed or distributed to any federal, state,or private entity, except to MoSMART.

H. SHERIFFS MAY ACCESS PERMIT RECORDS FOR ADMINISTRATIVE PURPOSES: Effective August 28, 2014 1. SB745 - A sheriff may access the concealed carry permit system for administrative purposes to

issue a permit, verify the accuracy of permit holder information, change the name or address ofa permit holder, suspend or revoke a permit, cancel an expired permit, or cancel a permit uponreceipt of a certified death certificate for the permit holder.

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CHANGES TO MISSOURI CCW PERMIT/ENDORSEMENT LAW SB745 AUGUST 28, 2014 & SB656 October 10, 2014

I. CHANGES TO WHEN & HOW A PERMIT SHALL BE SUSPENDED: Effective August 28, 2014 SB745 1. RSMo 571.104.1, RSMo 517.104.1(1) and RSMo 517.104.1(2) uses the term, “Endorsement.”2. RSMo 571.104.2, RSMo 517.104.2(1) and RSMo 517.104.2(2) uses the term, “Permit.”3. The 2 sub-sections read the same otherwise.4. These sections change conditions under which a suspension or revocation shall take place.5. A suspension or revocation shall take place under the criteria established in subdivisions (3), (4),

(5), (8), and (11) of subsection 2 of section 571.101 or upon the issuance of a valid full order ofprotection.

(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 two years 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 concealed carry permit 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 concealed carry permit;

(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;

(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;

(11) Is not the respondent of a valid full order of protection which is still in effect;

6. Subdivisions (2) and (7) have been removed from the criteria.

(2) Is at least twenty-one 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 years of age;

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CHANGES TO MISSOURI CCW PERMIT/ENDORSEMENT LAW SB745 AUGUST 28, 2014 & SB656 October 10, 2014

(7) Has not engaged in a pattern of behavior, documented in public or closed records, that causes the sheriff to have a reasonable belief that the applicant presents a danger to himself or others;

J. WHO SHALL SUSPEND/REINSTATE A PERMIT/ENDORSEMENT: Effective August 28, 2014 1. SB745 - The official to whom the permit/endorsement is/was surrendered.

K. NOTIFICATION OF CHANGE OF ADDRESS (JURISDICTION) SHERIFF REQUIRED TO SEND RECORDS- hhhPERMIT INVALID AFTER 180 DAYS: Effective August 28, 2014 SB745

1. Holders only have to notify the sheriff in the new jurisdiction within 30 days of changingresidence;

2. The permit/endorsement is invalid after 180 days if the new sheriff is not notified;3. The new sheriff shall assess a late penalty of ten dollars per month for each month, up to six months

and not to exceed sixty dollars, for the failure to notify the sheriff of the change of addresswithin thirty days;

4. The new sheriff shall take possession and destroy the old permit, and then issue anew permit to the permit holder; (may charge a processing fee of up to $10.00);

5. The new sheriff has 3 days from notification of address change to update information in theconcealed carry permit system.

6. The new sheriff must notify the old sheriff of residence change;7. The old sheriff must then forward records to the new sheriff within 30 days.8. There is no requirement to be notified of an address change within the same jurisdiction and

there is no authorization for collecting a fee for an address change within the same jurisdiction.

L. NOTIFICATION OF NAME CHANGE: Effective August 28, 2014 SB745 1. Holders must notify the current sheriff of a name change within 30 days;2. The permit/endorsement is invalid after 180 days if the sheriff is not notified;3. The sheriff shall assess a late penalty of ten dollars per month for each month, up to six months

and not to exceed sixty dollars, for the failure to notify the sheriff of the change of name withinthirty days;

4. The sheriff may charge a processing fee of not more than ten dollars for any costs associatedwith obtaining a corrected or new concealed carry permit;

5. The sheriff shall report the name change to the concealed carry permit system, and the newname shall be accessible by the concealed carry permit system within three days of receipt ofthe information.

M. FIREARMS SAFETY TRAINING: Effective August 28 1. Students may use either a revolver or semi-automatic firearm; (Doesn’t require both)2. No more than 40 students per certified instructor in classroom training (Certified Instructor is

not defined in the statute); and3. No more than 5 students per range officer during range firing (Range Officer is not defined in

the statute).

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4. 20 practice rounds and 20 testing rounds from either handgun.

CHANGES TO MISSOURI CCW PERMIT/ENDORSEMENT LAW SB745 AUGUST 28, 2014 & SB656 October 10, 2014

N. QUALIFIED FIREARMS SAFETY INSTRUCTOR DATABASE SB745 - Effective August 28, 2014

1. Any qualified firearms safety instructor may submit a copy of a training instructor certificate,notarized course outline, and a recent photograph of the instructor to the sheriff of the county in which the instructor resides;

2. The sheriff shall review the training instructor certificate along with the course outline and verifythe instructor is qualified and the course meets the requirements of the law;

3. If the sheriff verifies the firearms safety instructor is qualified and the course meets therequirements of the law, the sheriff shall collect an annual registration fee of ten dollars from each qualified instructor who chooses to submit registration information;

4. Firearms safety instructors may register annually and the registration is only effective for thecalendar year in which the instructor registered;

5. The sheriff shall submit the registration to the Missouri sheriff methamphetamine relieftaskforce;

6. The Missouri sheriff methamphetamine relief taskforce, or its designated agent, shall create andmaintain a statewide database of qualified instructors. This information shall be a closed record except for access by any sheriff.

7. Any sheriff may access the statewide database maintained by the Missouri sheriffmethamphetamine relief taskforce to verify the firearms safety instructor is qualified and the course offered by the instructor meets the requirements of the law; and

8. Unless a sheriff has reason to believe otherwise, a sheriff shall presume an instructor is qualifiedto provide firearms safety instruction in counties throughout the state if the instructor is registered on the statewide database of qualified instructors.

SB656 – Effective October 10, 2014 1. Any qualified firearms safety instructor may submit a copy of a training instructor certificate,

course outline bearing notarized signature of instructor, and recent photograph of the instructor to the sheriff of the county in which the instructor resides; and

2. Each sheriff shall collect an annual registration fee of ten dollars from each qualified instructorwho chooses to submit such information and shall retain a database of qualified instructors; and

3. This information shall be a closed record except for access by any sheriff.

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