Missouri Senate Bill 656 veto overridden by Legislators

Missouri Senate Bill 656 veto overridden by Legislators

By | September 11, 2014 at 12:01 pm | No comments | Gun Laws | Tags: , , , ,

The Missouri State Legislature has overridden Gov. Nixon’s veto of Senate Bill 656.  This law will take effect in 30 days.  Below is a summary of the changes that will be made in Missouri Firearms Laws:

Missouri State Senate

Truly Agreed to and Finally Passed

CCS/HCS/SB 656 – This act modifies provisions relating to firearms.

OPEN CARRY ORDINANCES – 21.750

This act provides that the open carrying of a firearm may not be prohibited by a political subdivision for any person with a valid concealed carry endorsement or permit in his or her possession who presents such endorsement or permit upon the demand of a law enforcement officer. In addition, no person carrying a concealed or unconcealed handgun may be disarmed or physically restrained by a law enforcement officer unless under arrest or if there is no reasonable and articulable suspicion of criminal activity. Any person who violates these provisions may be issued a citation for up to $35. No ordinance of a political subdivision may be construed to preclude the use of a firearm to defend property or persons.

This provision is identical to a provision of CCS2/SS/SCS/HCS/HB 1439 (2014), SS/SCS/HB 1539 (2014), SS/SCS/SB 613 (2014), and SB 744 (2014), and is similar to a provision of HB 436 (2013), and SB 352 (2013).

CORPORATE SECURITY ADVISORS – 84.340, 571.030, & 590.750

Under current law, the St. Louis Board of Police Commissioners has the authority to regulate corporate security advisors.

This act provides that the Department of Public Safety shall have the sole authority to regulate and license corporate security advisors. In addition, this act provides that the authority and jurisdiction of a corporate security advisor is only limited by the geographical limits of the state unless the advisor’s license is recognized by another state or the federal government. Any corporate security advisor licensed as of February 1, 2014, is not required to apply for a new license until his or her license expires or is otherwise revoked.

This act makes acting as a corporate security advisor without a license a Class A misdemeanor.

The Department of Public Safety is granted rulemaking authority to implement the licensing and regulation of corporate security advisors.

This provision is identical to SS/SCS/HB 1539 (2014), the truly agreed to and finally passed CCS/HCS/SCS/SB 852 (2014) and is similar to HCS/HB 1540 (2014), HB 1596 (2014), and HCS/HB 2116 (2014).

SCHOOL PROTECTION OFFICERS – 160.665, 571.107, 590.010 to 590.207

This act allows a school district to designate one or more school teachers or administrators as a school protection officer. School protection officers are authorized to carry a concealed firearm or self-defense spray device.

This act requires a school board that is seeking to designate a school protection officer to hold a public hearing on the matter. Notice of the hearing must be provided by publication in a newspaper of general circulation in the city or county in which the school district is located at least 15 days before the hearing. The board may meet in a closed meeting to determine whether to allow the school protection officer to carry a concealed firearm or self-defense spray device.

The officer must keep the firearm or device under his or her personal control at all times while on school property. Violation of this provision is a Class B misdemeanor and may result in the immediate removal of the officer from the classroom and the commencement of employment termination proceedings.

School protection officers have the same power to detain and arrest as any other person would have under current law regarding defense of persons and property. Upon detention, the protection officer must immediately notify school administrators and school resource officers. If the person detained is a student, then the parents of the student must also be immediately notified.

Those seeking to be designated as school protection officers must make a request in writing to the superintendent of the school district along with proof of ownership of a valid concealed carry endorsement or permit, if the person is seeking to carry a firearm, and a certificate of completion of a school protection officer training program.

The school district must notify the director of the Department of Public Safety of the designation of any school protection officer. The department must make a list of all school protection officers available to all law enforcement agencies.

This act requires the Peace Officer Standards and Training Commission to establish standards and curriculum for training of school protection officers. The director of the Department of Public Safety must develop, and make available to all school districts, a list of approved school protection officer training instructors, centers, and programs.

In order to attend a school protection officer training program, a person must submit to a criminal history background check and, if the person will carry a firearm, prove he or she has a valid concealed carry endorsement or permit.

This provision is similar to a provision of SS/SCS/HB 1539 (2014), the perfected SS/SCS/SB 613, CCS2/SS/SCS/HCS/HB 1439 (2014), SB 603 (2014), SB 744 (2014), HB 1474 (2014), HB 436 (2013), and SB 352 (2013).

HEALTH CARE PROFESSIONALS AND FIREARMS – 571.012

This act specifies that no licensed health care professional or person under the supervision of the professional may not be required by law to ask a patient whether he or she owns or has access to a firearm, document firearm ownership or access in a patient’s medical records, or notify any governmental entity of the identity of a patient based solely on the patient’s status as a firearm owner or the patient’s access to a firearm.

Under this act, licensed health care professionals, their supervisees, and anyone who possesses or controls medical records are prohibited from documenting or disclosing information regarding a person’s status as a firearm owner except under certain specified circumstances.

Under this act, licensed health care professionals may not use an electronic medical record program that requires the entry of data regarding firearms.

This provision is identical to a provision of CCS2/SS/SCS/HCS/HB 1439 (2014) and SS/SCS/SB 613 (2014).

UNLAWFUL USE OF WEAPONS – 571.030

This act makes it a Class D felony of unlawful use of weapons for a person to possess a firearm while also knowingly possession a controlled substance, other than 35 grams or less of marijuana or synthetic cannabinoids. This act adds people appointed by the court to be special prosecutors to the list of people who may engage in otherwise unlawful uses of weapons.

The provision relating to possession of a controlled substance is identical to HB 1562 (2014).

The provision relating to special prosecutors is identical to a provision of SS/SCS/SB 613 (2014), the truly agreed to and finally passed CCS/HCS/SB 656 (2014), CCS2/SS/SCS/HCS/HB 1439 (2014), SS/SCS/HB 1539 (2014), and the truly agreed to and finally passed SS/SB 745 (2014).

CONCEALED CARRY PERMITS – 571.030, 571.101, 571.111, & 571.117

Under current law, a person, who is not a member of the United States Armed Forces or honorably discharged from the armed forces, must be at least 21 years of age in order to qualify for a concealed carry endorsement. This act lowers the age to at least 19 years of age.

This act makes a concealed carry permit expire on the last day of the month rather than the same day the permit was issued or renewed. Concealed carry endorsements also expire on the last day of the month under this act.

This act repeals an obsolete provision of current law that directs concealed carry permit applicants to take the permit they receive from the sheriff to the Department of Revenue for the issuance of an endorsement.

Current law requires an applicant for a concealed carry permit to perform a physical demonstration of his or her ability to safely load a revolver and a semiautomatic pistol, a live firing exercise with both types of firearms, and a live firing test with both firearms. This act provides that the applicant only needs to demonstrate an ability to safely load, and only requires live firing from, either a revolver or a semiautomatic pistol.

Current law provides that firearms safety instructors may only have 40 or fewer students in the classroom portion of the training required for a concealed carry permit. This act specifies that firearms safety instructors may not have more than 40 students per certified instructor in the classroom.

These provisions are identical to provisions of CCS2/SS/SCS/HCS/HB 1439 (2014), SS/SCS/SB 613 (2014), and SS/SCS/HB 1539 (2014).

FIREARM POSSESSION AND HOUSING AUTHORITIES – 571.510

This act prohibits housing authorities from barring lessees or their household members and guests from possessing a firearm. The act makes lease provisions, policies, and rules that contain such prohibitions void and unenforceable.

Under this act, no housing authority is liable for damages caused by a lessee’s possession or use of a firearm except under certain circumstances.

This provision is identical to HCS/HB 1778 (2014), SS/SCS/HB 1539 (2014), and CCS2/SS/SCS/HCS/HB 1439 (2014).

DISARMING A POLICE OFFICER – 575.153

The act modifies the crime of disarming a peace officer by adding language which provides that a person commits such crime by intentionally removing a less-lethal weapon from a peace officer including blunt impact, chemical or conducted energy devices used in the performance of the officer’s duties or if the person intentionally deprives the peace officer of such equipment while the officer is acting within the scope of his or her duties.

This provision is identical to HB 2190 (2014) and is contained in the truly agreed to and finally passed CCS/SS/SCS/HCS/HB 1231 (2014), the truly agreed to and finally passed CCS/HCS/SB 615 (2014), HCS/HB 2116 (2014), and HCS/HB 1540 (2014).

MEGHAN LUECKE

The full text of the bill can be found at: http://www.senate.mo.gov/14info/pdf-bill/tat/SB656.pdf

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