571.104. Suspension or revocation of endorsements, when--renewal procedures--change of name or residence notification requirements.
Suspension or revocation of endorsements, when--renewalprocedures--change of name or residence notification requirements.
571.104. 1. (1) A concealed carry endorsement issued pursuant tosections 571.101 to 571.121 shall be suspended or revoked if the concealedcarry endorsement holder becomes ineligible for such concealed carryendorsement under the criteria established in subdivisions (2), (3), (4),(5), and (7) of subsection 2 of section 571.101 or upon the issuance of avalid full order of protection.
(2) When a valid full order of protection, or any arrest warrant,discharge, or commitment for the reasons listed in subdivision (2), (3),(4), (5), or (7) of subsection 2 of section 571.101, is issued against aperson holding a concealed carry endorsement issued pursuant to sections571.101 to 571.121 upon notification of said order, warrant, discharge orcommitment or upon an order of a court of competent jurisdiction in acriminal proceeding, a commitment proceeding or a full order of protectionproceeding ruling that a person holding a concealed carry endorsementpresents a risk of harm to themselves or others, then upon notification ofsuch order, the holder of the concealed carry endorsement shall surrenderthe driver's license or nondriver's license containing the concealed carryendorsement to the court, to the officer, or other official serving theorder, warrant, discharge, or commitment.
(3) The official to whom the driver's license or nondriver's licensecontaining the concealed carry endorsement is surrendered shall issue areceipt to the licensee for the license upon a form, approved by thedirector of revenue, that serves as a driver's license or a nondriver'slicense and clearly states the concealed carry endorsement has beensuspended. The official shall then transmit the driver's license or anondriver's license containing the concealed carry endorsement to thecircuit court of the county issuing the order, warrant, discharge, orcommitment. The concealed carry endorsement issued pursuant to sections571.101 to 571.121 shall be suspended until the order is terminated oruntil the arrest results in a dismissal of all charges. Upon dismissal,the court holding the driver's license or nondriver's license containingthe concealed carry endorsement shall return it to the individual.
(4) Any conviction, discharge, or commitment specified in sections571.101 to 571.121 shall result in a revocation. Upon conviction, thecourt shall forward a notice of conviction or action and the driver'slicense or nondriver's license with the concealed carry endorsement to thedepartment of revenue. The department of revenue shall notify the sheriffof the county which issued the certificate of qualification for a concealedcarry endorsement and shall report the change in status of the concealedcarry endorsement to the Missouri uniform law enforcement system. Thedirector of revenue shall immediately remove the endorsement issuedpursuant to sections 571.101 to 571.121 from the individual's drivingrecord within three days of the receipt of the notice from the court. Thedirector of revenue shall notify the licensee that he or she must apply fora new license pursuant to chapter 302, RSMo, which does not contain suchendorsement. This requirement does not affect the driving privileges ofthe licensee. The notice issued by the department of revenue shall bemailed to the last known address shown on the individual's driving record.The notice is deemed received three days after mailing.
2. A concealed carry endorsement shall be renewed for a qualifiedapplicant upon receipt of the properly completed renewal application andthe required renewal fee by the sheriff of the county of the applicant'sresidence. The renewal application shall contain the same requiredinformation as set forth in subsection 3 of section 571.101, except that inlieu of the fingerprint requirement of subsection 5 of section 571.101 andthe firearms safety training, the applicant need only display his or hercurrent driver's license or nondriver's license containing a concealedcarry endorsement. Upon successful completion of all renewal requirements,the sheriff shall issue a certificate of qualification which contains thedate such certificate was renewed.
3. A person who has been issued a certificate of qualification for aconcealed carry endorsement who fails to file a renewal application on orbefore its expiration date must pay an additional late fee of ten dollarsper month for each month it is expired for up to six months. After sixmonths, the sheriff who issued the expired certificate shall notify thedirector of revenue that such certificate is expired. The director ofrevenue shall immediately cancel the concealed carry endorsement and removesuch endorsement from the individual's driving record and notify theindividual of such cancellation. The notice of cancellation of theendorsement shall be conducted in the same manner as described insubsection 1 of this section. Any person who has been issued a certificateof qualification for a concealed carry endorsement pursuant to sections571.101 to 571.121 who fails to renew his or her application within thesix-month period must reapply for a new certificate of qualification for aconcealed carry endorsement and pay the fee for a new application. Thedirector of revenue shall not issue an endorsement on a renewed driver'slicense or renewed nondriver's license unless the applicant for suchlicense provides evidence that he or she has renewed the certification ofqualification for a concealed carry endorsement in the manner provided forsuch renewal pursuant to sections 571.101 to 571.121. If an applicant forrenewal of a driver's license or nondriver's license containing a concealedcarry endorsement does not want to maintain the concealed carryendorsement, the applicant shall inform the director at the time of licenserenewal of his or her desire to remove the endorsement. When a driver's ornondriver's license applicant informs the director of his or her desire toremove the concealed carry endorsement, the director shall renew thedriver's license or nondriver's license without the endorsement appearingon the license if the applicant is otherwise qualified for such renewal.
4. Any person issued a concealed carry endorsement pursuant tosections 571.101 to 571.121 shall notify the department of revenue and thesheriffs of both the old and new jurisdictions of the endorsement holder'schange of residence within thirty days after the changing of a permanentresidence. The endorsement holder shall furnish proof to the department ofrevenue and the sheriff in the new jurisdiction that the endorsement holderhas changed his or her residence. The change of residence shall be made bythe department of revenue onto the individual's driving record and the newaddress shall be accessible by the Missouri uniform law enforcement systemwithin three days of receipt of the information.
5. Any person issued a driver's license or nondriver's licensecontaining a concealed carry endorsement pursuant to sections 571.101 to571.121 shall notify the sheriff or his or her designee of the endorsementholder's county or city of residence within seven days after actualknowledge of the loss or destruction of his or her driver's license ornondriver's license containing a concealed carry endorsement. Theendorsement holder shall furnish a statement to the sheriff that thedriver's license or nondriver's license containing the concealed carryendorsement has been lost or destroyed. After notification of the loss ordestruction of a driver's license or nondriver's license containing aconcealed carry endorsement, the sheriff shall reissue a new certificate ofqualification within three working days of being notified by the concealedcarry endorsement holder of its loss or destruction. The reissuedcertificate of qualification shall contain the same personal information,including expiration date, as the original certificate of qualification.The applicant shall then take the certificate to the department of revenue,and the department of revenue shall proceed on the certificate in the samemanner as provided in subsection 7 section 571.101. Upon application for alicense pursuant to chapter 302, RSMo, the director of revenue shall issuea driver's license or nondriver's license containing a concealed carryendorsement if the applicant is otherwise eligible to receive such license.
6. If a person issued a concealed carry endorsement changes his orher name, the person to whom the endorsement was issued shall obtain acorrected certificate of qualification for a concealed carry endorsementwith a change of name from the sheriff who issued such certificate upon thesheriff's verification of the name change. The endorsement holder shallfurnish proof of the name change to the department of revenue and thesheriff within thirty days of changing his or her name and display his orher current driver's license or nondriver's license containing a concealedcarry endorsement. The endorsement holder shall apply for a new driver'slicense or nondriver's license containing his or her new name. Suchapplication for a driver's license or nondriver's license shall be madepursuant to chapter 302, RSMo. The director of revenue shall issue adriver's license or nondriver's license with concealed carry endorsementwith the endorsement holder's new name if the applicant is otherwiseeligible for such license. The director of revenue shall take custody ofthe old driver's license or nondriver's license. The name change shall bemade by the department of revenue onto the individual's driving record andthe new name shall be accessible by the Missouri uniform law enforcementsystem within three days of receipt of the information.
7. A concealed carry endorsement shall be automatically invalid afterthirty days if the endorsement holder has changed his or her name orchanged his or her residence and not notified the department of revenue andsheriff of a change of name or residence as required in subsections 4 and 6of this section.
(L. 2003 H.B. 349, et al., § 571.094, subsecs. 13 to 19)Effective 10-11-03; see § 21.250
*This bill was vetoed on July 3, 2003. The veto was overridden on September 11, 2003.