571.101. Concealed carry endorsements, application requirements--approval procedures--issuance of certificates, when--record-keeping requirements--fees.
Concealed carry endorsements, application requirements--approvalprocedures--issuance of certificates, when--record-keepingrequirements--fees.
571.101. 1. All applicants for concealed carry endorsements issuedpursuant to subsection 7 of this section must satisfy the requirements ofsections 571.101 to 571.121. If the said applicant can show qualificationas provided by sections 571.101 to 571.121, the county or city sheriffshall issue a certificate of qualification for a concealed carryendorsement. Upon receipt of such certificate, the certificate holdershall apply for a driver's license or nondriver's license with the directorof revenue in order to obtain a concealed carry endorsement. Any personwho has been issued a concealed carry endorsement on a driver's license ornondriver's license and such endorsement or license has not been suspended,revoked, canceled, or denied may carry concealed firearms on or about hisor her person or within a vehicle. A concealed carry endorsement shall bevalid for a period of three years from the date of issuance or renewal.The concealed carry endorsement is valid throughout this state.
2. A certificate of qualification for a concealed carry endorsementissued pursuant to subsection 7 of this section shall be issued by thesheriff or his or her designee of the county or city in which the applicantresides, if the applicant:
(1) Is at least twenty-three years of age, is a citizen of the UnitedStates and either:
(a) Has assumed residency in this state; or
(b) Is a member of the armed forces stationed in Missouri, or thespouse of such member of the military;
(2) Has not pled guilty to or entered a plea of nolo contendere orbeen convicted of a crime punishable by imprisonment for a term exceedingone year under the laws of any state or of the United States other than acrime classified as a misdemeanor under the laws of any state andpunishable by a term of imprisonment of one year or less that does notinvolve an explosive weapon, firearm, firearm silencer or gas gun;
(3) Has not been convicted of, pled guilty to or entered a plea ofnolo contendere to one or more misdemeanor offenses involving crimes ofviolence within a five-year period immediately preceding application for acertificate of qualification for a concealed carry endorsement or if theapplicant has not been convicted of two or more misdemeanor offensesinvolving driving while under the influence of intoxicating liquor or drugsor the possession or abuse of a controlled substance within a five-yearperiod immediately preceding application for a certificate of qualificationfor a concealed carry endorsement;
(4) Is not a fugitive from justice or currently charged in aninformation or indictment with the commission of a crime punishable byimprisonment for a term exceeding one year under the laws of any state ofthe United States other than a crime classified as a misdemeanor under thelaws of any state and punishable by a term of imprisonment of two years orless that does not involve an explosive weapon, firearm, firearm silencer,or gas gun;
(5) Has not been discharged under dishonorable conditions from theUnited States armed forces;
(6) Has not engaged in a pattern of behavior, documented in publicrecords, that causes the sheriff to have a reasonable belief that theapplicant presents a danger to himself or others;
(7) Is not adjudged mentally incompetent at the time of applicationor for five years prior to application, or has not been committed to amental health facility, as defined in section 632.005, RSMo, or a similarinstitution located in another state following a hearing at which thedefendant was represented by counsel or a representative;
(8) Submits a completed application for a certificate ofqualification as defined in subsection 3 of this section;
(9) Submits an affidavit attesting that the applicant complies withthe concealed carry safety training requirement pursuant to subsections 1and 2 of section 571.111;
(10) Is not the respondent of a valid full order of protection whichis still in effect.
3. The application for a certificate of qualification for a concealedcarry endorsement issued by the sheriff of the county of the applicant'sresidence shall contain only the following information:
(1) The applicant's name, address, telephone number, gender, and dateand place of birth;
(2) An affirmation that the applicant has assumed residency inMissouri or is a member of the armed forces stationed in Missouri or thespouse of such a member of the armed forces and is a citizen of the UnitedStates;
(3) An affirmation that the applicant is at least twenty-three yearsof age;
(4) An affirmation that the applicant has not pled guilty to or beenconvicted of a crime punishable by imprisonment for a term exceeding oneyear under the laws of any state or of the United States other than a crimeclassified as a misdemeanor under the laws of any state and punishable by aterm of imprisonment of one year or less that does not involve an explosiveweapon, firearm, firearm silencer, or gas gun;
(5) An affirmation that the applicant has not been convicted of, pledguilty to, or entered a plea of nolo contendere to one or more misdemeanoroffenses involving crimes of violence within a five-year period immediatelypreceding application for a certificate of qualification to obtain aconcealed carry endorsement or if the applicant has not been convicted oftwo or more misdemeanor offenses involving driving while under theinfluence of intoxicating liquor or drugs or the possession or abuse of acontrolled substance within a five-year period immediately precedingapplication for a certificate of qualification to obtain a concealed carryendorsement;
(6) An affirmation that the applicant is not a fugitive from justiceor currently charged in an information or indictment with the commission ofa crime punishable by imprisonment for a term exceeding one year under thelaws of any state or of the United States other than a crime classified asa misdemeanor under the laws of any state and punishable by a term ofimprisonment of two years or less that does not involve an explosiveweapon, firearm, firearm silencer or gas gun;
(7) An affirmation that the applicant has not been discharged underdishonorable conditions from the United States armed forces;
(8) An affirmation that the applicant is not adjudged mentallyincompetent at the time of application or for five years prior toapplication, or has not been committed to a mental health facility, asdefined in section 632.005, RSMo, or a similar institution located inanother state, except that a person whose release or discharge from afacility in this state pursuant to chapter 632, RSMo, or a similardischarge from a facility in another state, occurred more than five yearsago without subsequent recommitment may apply;
(9) An affirmation that the applicant has received firearms safetytraining that meets the standards of applicant firearms safety trainingdefined in subsection 1 or 2 of section 571.111;
(10) An affirmation that the applicant, to the applicant's bestknowledge and belief, is not the respondent of a valid full order ofprotection which is still in effect; and
(11) A conspicuous warning that false statements made by theapplicant will result in prosecution for perjury pursuant to the laws ofthe state of Missouri.
4. An application for a certificate of qualification for a concealedcarry endorsement shall be made to the sheriff of the county or any citynot within a county in which the applicant resides. An application shallbe filed in writing, signed under oath and under the penalties of perjury,and shall state whether the applicant complies with each of therequirements specified in subsection 2 of this section. In addition to thecompleted application, the applicant for a certificate of qualification fora concealed carry endorsement must also submit the following:
(1) A photocopy of a firearms safety training certificate ofcompletion or other evidence of completion of a firearms safety trainingcourse that meets the standards established in subsection 1 or 2 of section571.111; and
(2) A nonrefundable certificate of qualification fee as provided bysubsection 10 or 11 of this section.
5. Before an application for a certificate of qualification for aconcealed carry endorsement is approved, the sheriff shall make only suchinquiries as he or she deems necessary into the accuracy of the statementsmade in the application. The sheriff may require that the applicantdisplay a Missouri driver's license or nondriver's license or militaryidentification and orders showing the person being stationed in Missouri.In order to determine the applicant's suitability for a certificate ofqualification for a concealed carry endorsement, the applicant shall befingerprinted. The sheriff shall request a criminal background checkthrough the appropriate law enforcement agency within three working daysafter submission of the properly completed application for a certificate ofqualification for a concealed carry endorsement. If no disqualifyingrecord is identified by the fingerprint check at the state level, thefingerprints shall be forwarded to the Federal Bureau of Investigation fora national criminal history record check. Upon receipt of the completedbackground check, the sheriff shall issue a certificate of qualificationfor a concealed carry endorsement within three working days. The sheriffshall issue the certificate within forty-five calendar days if the criminalbackground check has not been received, provided that the sheriff shallrevoke any such certificate and endorsement within twenty-four hours ofreceipt of any background check that results in a disqualifying record, andshall notify the department of revenue.
6. The sheriff may refuse to approve an application for a certificateof qualification for a concealed carry endorsement if he or she determinesthat any of the requirements specified in subsection 2 of this section havenot been met, or if he or she has a substantial and demonstrable reason tobelieve that the applicant has rendered a false statement regarding any ofthe provisions of sections 571.101 to 571.121. If the applicant is foundto be ineligible, the sheriff is required to deny the application, andnotify the applicant in writing, stating the grounds for denial andinforming the applicant of the right to submit, within thirty days, anyadditional documentation relating to the grounds of the denial. Uponreceiving any additional documentation, the sheriff shall reconsider his orher decision and inform the applicant within thirty days of the result ofthe reconsideration. The applicant shall further be informed in writing ofthe right to appeal the denial pursuant to subsections 2, 3, 4, and 5 ofsection 571.114. After two additional reviews and denials by the sheriff,the person submitting the application shall appeal the denial pursuant tosubsections 2, 3, 4, and 5 of section 571.114.
7. If the application is approved, the sheriff shall issue acertificate of qualification for a concealed carry endorsement to theapplicant within a period not to exceed three working days after his or herapproval of the application. The applicant shall sign the certificate ofqualification in the presence of the sheriff or his or her designee andshall within seven days of receipt of the certificate of qualification takethe certificate of qualification to the department of revenue. Uponverification of the certificate of qualification and completion of adriver's license or nondriver's license application pursuant to chapter302, RSMo, the director of revenue shall issue a new driver's license ornondriver's license with an endorsement which identifies that the applicanthas received a certificate of qualification to carry concealed weaponsissued pursuant to sections 571.101 to 571.121 if the applicant isotherwise qualified to receive such driver's license or nondriver'slicense. The requirements for the director of revenue to issue a concealedcarry endorsement pursuant to this subsection shall not be effective untilJuly 1, 2004, and the certificate of qualification issued by a countysheriff pursuant to subsection 1 of this section shall allow the personissued such certificate to carry a concealed weapon pursuant to therequirements of subsection 1 of section 571.107 in lieu of the concealedcarry endorsement issued by the director of revenue from October 11, 2003,until the concealed carry endorsement is issued by the director of revenueon or after July 1, 2004, unless such certificate of qualification has beensuspended or revoked for cause.
8. The sheriff shall keep a record of all applications for acertificate of qualification for a concealed carry endorsement and his orher action thereon. The sheriff shall report the issuance of a certificateof qualification to the Missouri uniform law enforcement system. Allinformation on any such certificate that is protected information on anydriver's or nondriver's license shall have the same personal protection forpurposes of sections 571.101 to 571.121. An applicant's status as a holderof a certificate of qualification or a concealed carry endorsement shallnot be public information and shall be considered personal protectedinformation. Any person who violates the provisions of this subsection bydisclosing protected information shall be guilty of a class A misdemeanor.
9. Information regarding any holder of a certificate of qualificationor a concealed carry endorsement is a closed record.
10. For processing an application for a certificate of qualificationfor a concealed carry endorsement pursuant to sections 571.101 to 571.121,the sheriff in each county shall charge a nonrefundable fee not to exceedone hundred dollars which shall be paid to the treasury of the county tothe credit of the sheriff's revolving fund.
11. For processing a renewal for a certificate of qualification for aconcealed carry endorsement pursuant to sections 571.101 to 571.121, thesheriff in each county shall charge a nonrefundable fee not to exceed fiftydollars which shall be paid to the treasury of the county to the credit ofthe sheriff's revolving fund.
12. For the purposes of sections 571.101 to 571.121, the term"sheriff" shall include the sheriff of any county or city not within acounty or his or her designee and in counties of the first classificationthe sheriff may designate the chief of police of any city, town, ormunicipality within such county.
(L. 2003 H.B. 349, et al., § 571.094, subsecs. 1 to 12, A.L. 2008 H.B. 2034)