SECOND REGULAR SESSION [TRULY AGREED TO AND FINALLY PASSED] SENATE SUBSTITUTE FOR SENATE COMMITTEE SUBSTITUTE FOR SENATE BILLS NOS. 489 & 637 96TH GENERAL ASSEMBLY 2012 4464S.05T AN ACT To repeal sections 571.020 and 571.111, RSMo, and to enact in lieu thereof two new sections relating to weapons, with existing penalty provisions and an emergency clause. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Sections 571.020 and 571.111, RSMo, are repealed and two new 2 sections enacted in lieu thereof, to be known as sections 571.020 and 571.111, to 3 read as follows: 571.020. 1. A person commits a crime if such person knowingly possesses, 2 manufactures, transports, repairs, or sells: 3 (1) An explosive weapon; 4 (2) An explosive, incendiary or poison substance or material with the 5 purpose to possess, manufacture or sell an explosive weapon; 6 (3) A gas gun; 7 ( 4) [ A switchblade knife; 8 ( 5)] A bullet or projectile which explodes or detonates upon impact 9 because of an independent explosive charge after having been shot from a 10 firearm; or 11 [ (6)] (5) Knuckles; or 12 [ (7)] (6) Any of the following in violation of federal law: 13 (a) A machine gun; 14 (b) A short-barreled rifle or shotgun; [or] 15 (c) A firearm silencer; or SS SCS SBs 489 & 637 2 16 (d) A switchblade knife. 17 2. A person does not commit a crime pursuant to this section if his 18 conduct involved any of the items in subdivisions (1) to [(6)] (5) of subsection 1, 19 the item was possessed in conformity with any applicable federal law, and the 20 conduct: 21 (1) Was incident to the performance of official duty by the armed forces, 22 national guard, a governmental law enforcement agency, or a penal institution; 23 or 24 (2) Was incident to engaging in a lawful commercial or business 25 transaction with an organization enumerated in subdivision (1) of this section; or 26 (3) Was incident to using an explosive weapon in a manner reasonably 27 related to a lawful industrial or commercial enterprise; or 28 (4) Was incident to displaying the weapon in a public museum or 29 exhibition; or 30 (5) Was incident to using the weapon in a manner reasonably related to 31 a lawful dramatic performance. 32 3. A crime pursuant to subdivision (1), (2), (3) or [(7)] (6) of subsection 1 33 of this section is a class C felony; a crime pursuant to subdivision (4)[,] or (5) [or 34 (6)] of subsection 1 of this section is a class A misdemeanor. 571.111. 1. An applicant for a concealed carry endorsement shall 2 demonstrate knowledge of firearms safety training. This requirement shall be 3 fully satisfied if the applicant for a concealed carry endorsement: 4 (1) Submits a photocopy of a certificate of firearms safety training course 5 completion, as defined in subsection 2 of this section, signed by a qualified 6 firearms safety instructor as defined in subsection 5 of this section; or 7 (2) Submits a photocopy of a certificate that shows the applicant 8 completed a firearms safety course given by or under the supervision of any state, 9 county, municipal, or federal law enforcement agency; or 10 (3) Is a qualified firearms safety instructor as defined in subsection 5 of 11 this section; or 12 (4) Submits proof that the applicant currently holds any type of valid 13 peace officer license issued under the requirements of chapter 590; or 14 (5) Submits proof that the applicant is currently allowed to carry firearms 15 in accordance with the certification requirements of section 217.710; or 16 (6) Submits proof that the applicant is currently certified as any class of 17 corrections officer by the Missouri department of corrections and has passed at SS SCS SBs 489 & 637 3 18 least one eight-hour firearms training course, approved by the director of the 19 Missouri department of corrections under the authority granted to him or her by 20 section 217.105, that includes instruction on the justifiable use of force as 21 prescribed in chapter 563; or 22 (7) Submits a photocopy of a certificate of firearms safety 23 training course completion that was issued on August 27, 2011, or 24 earlier so long as the certificate met the requirements of subsection 2 25 of this section that were in effect on the date it was issued. 26 2. A certificate of firearms safety training course completion may be 27 issued to any applicant by any qualified firearms safety instructor. On the 28 certificate of course completion the qualified firearms safety instructor shall 29 affirm that the individual receiving instruction has taken and passed a firearms 30 safety course of at least eight hours in length taught by the instructor that 31 included: 32 (1) Handgun safety in the classroom, at home, on the firing range and 33 while carrying the firearm; 34 (2) A physical demonstration performed by the applicant that 35 demonstrated his or her ability to safely load and unload a revolver and a 36 semiautomatic pistol and demonstrated his or her marksmanship with both; 37 (3) The basic principles of marksmanship; 38 (4) Care and cleaning of concealable firearms; 39 (5) Safe storage of firearms at home; 40 (6) The requirements of this state for obtaining a certificate of 41 qualification for a concealed carry endorsement from the sheriff of the individual's 42 county of residence and a concealed carry endorsement issued by the department 43 of revenue; 44 (7) The laws relating to firearms as prescribed in this chapter; 45 (8) The laws relating to the justifiable use of force as prescribed in 46 chapter 563; 47 (9) A live firing exercise of sufficient duration for each applicant to fire 48 both a revolver and a semiautomatic pistol, from a standing position or its 49 equivalent, a minimum of fifty rounds from each handgun at a distance of seven 50 yards from a B-27 silhouette target or an equivalent target; 51 (10) A live fire test administered to the applicant while the instructor was 52 present of twenty rounds from each handgun from a standing position or its 53 equivalent at a distance from a B-27 silhouette target, or an equivalent target, SS SCS SBs 489 & 637 4 54 of seven yards. 55 3. A qualified firearms safety instructor shall not give a grade of passing 56 to an applicant for a concealed carry endorsement who: 57 (1) Does not follow the orders of the qualified firearms instructor or 58 cognizant range officer; or 59 (2) Handles a firearm in a manner that, in the judgment of the qualified 60 firearm safety instructor, poses a danger to the applicant or to others; or 61 (3) During the live fire testing portion of the course fails to hit the 62 silhouette portion of the targets with at least fifteen rounds, with both handguns. 63 4. Qualified firearms safety instructors who provide firearms safety 64 instruction to any person who applies for a concealed carry endorsement shall: 65 (1) Make the applicant's course records available upon request to the 66 sheriff of the county in which the applicant resides; 67 (2) Maintain all course records on students for a period of no less than 68 four years from course completion date; and 69 (3) Not have more than forty students in the classroom portion of the 70 course or more than five students per range officer engaged in range firing. 71 5. A firearms safety instructor shall be considered to be a qualified 72 firearms safety instructor by any sheriff issuing a certificate of qualification for 73 a concealed carry endorsement pursuant to sections 571.101 to 571.121 if the 74 instructor: 75 (1) Is a valid firearms safety instructor certified by the National Rifle 76 Association holding a rating as a personal protection instructor or pistol 77 marksmanship instructor; or 78 (2) Submits a photocopy of a certificate from a firearms safety instructor's 79 course offered by a local, state, or federal governmental agency; or 80 (3) Submits a photocopy of a certificate from a firearms safety instructor 81 course approved by the department of public safety; or 82 (4) Has successfully completed a firearms safety instructor course given 83 by or under the supervision of any state, county, municipal, or federal law 84 enforcement agency; or 85 (5) Is a certified police officer firearms safety instructor. 86 6. Any firearms safety instructor who knowingly provides any sheriff with 87 any false information concerning an applicant's performance on any portion of the 88 required training and qualification shall be guilty of a class C misdemeanor. Section B. Because immediate action is necessary to clarify the SS SCS SBs 489 & 637 5 2 requirements for concealed carry endorsements, section A of this act is deemed 3 necessary for the immediate preservation of the public health, welfare, peace and 4 safety, and is hereby declared to be an emergency act within the meaning of the 5 constitution, and section A of this act shall be in full force and effect upon its 6 passage and approval.