563.011.
As used in this chapter the following terms shall
mean:
(1)
"Deadly force", physical force which the actor uses with the purpose
of causing or which he or she knows to create a substantial risk of causing
death or serious physical injury;
(2)
"Dwelling", any building, inhabitable structure, or conveyance of any
kind, whether the building, inhabitable structure, or conveyance is temporary
or permanent, mobile or immobile, which has a roof over it, including a tent,
and is designed to be occupied by people lodging therein at night;
(3)
"Forcible felony", any felony involving the use or threat of physical
force or violence against any individual, including but not limited to murder,
robbery, burglary, arson, kidnapping, assault, and any forcible sexual offense;
(4)
"Premises", includes any building, inhabitable structure and any real
property;
(5)
"Private person", any person other than a law enforcement officer;
(6)
"Private property", any real property in this state that is
privately owned or leased;
(7)
"Remain after unlawfully entering", to remain in or upon premises
after unlawfully entering as defined in this section;
[(7)]
(8) "Residence", a dwelling in which a person resides either
temporarily or permanently or is visiting as an invited guest;
[(8)]
(9) "Unlawfully enter", a person unlawfully enters in or upon
premises or private property when he or she enters such premises or
private property and is not licensed or privileged to do so. A person who,
regardless of his or her purpose, enters in or upon private property or
premises that are at the time open to the public does so with license unless he
or she defies a lawful order not to enter, personally communicated
to him or her by the owner of such premises or by another authorized person. A
license to enter in a building that is only partly open to the public is not a
license to enter in that part of the building that is not open to the public.
563.031.
1. A person may, subject to the provisions of subsection 2 of this section, use
physical force upon another person when and to the extent he or she reasonably
believes such force to be necessary to defend himself or herself or a third
person from what he or she reasonably believes to be the use or imminent use of
unlawful force by such other person, unless:
(1)
The actor was the initial aggressor; except that in such case his or her use of
force is nevertheless justifiable provided:
(a)
He or she has withdrawn from the encounter and effectively communicated such
withdrawal to such other person but the latter persists in continuing the
incident by the use or threatened use of unlawful force; or
(b)
He or she is a law enforcement officer and as such is an aggressor pursuant to
section 563.046; or
(c)
The aggressor is justified under some other provision of this chapter or other
provision of law;
(2)
Under the circumstances as the actor reasonably believes them to be, the person
whom he or she seeks to protect would not be justified in using such protective
force;
(3)
The actor was attempting to commit, committing, or escaping after the
commission of a forcible felony.
2.
A person may not use deadly force upon another person under the circumstances
specified in subsection 1 of this section unless:
(1)
He or she reasonably believes that such deadly force is necessary to protect
himself or herself or another against death, serious physical injury, or any
forcible felony; [or]
(2)
Such force is used against a person who unlawfully enters, remains after
unlawfully entering, or attempts to unlawfully enter a dwelling, residence, or
vehicle lawfully occupied by such person; or
(3)
Such force is used against a person who unlawfully enters, remains after
unlawfully entering, or attempts to unlawfully enter private property that is
owned or leased by an individual claiming a justification of using protective
force under this section.
3.
A person does not have a duty to retreat from a dwelling, residence, or vehicle
where the person is not unlawfully entering or unlawfully remaining. A
person does not have a duty to retreat from private property that is owned or
leased by such individual.
4.
The justification afforded by this section extends to the use of physical
restraint as protective force provided that the actor takes all reasonable
measures to terminate the restraint as soon as it is reasonable to do so.
5.
The defendant shall have the burden of injecting the issue of justification
under this section. If a defendant asserts that his or her use of force is
described under subdivision (2) of subsection 2 of this section, the burden
shall then be on the state to prove beyond a reasonable doubt that the
defendant did not reasonably believe that the use of such force was necessary
to defend against what he or she reasonably believed
was the use or imminent use of unlawful force.
571.030.
1. A person commits the crime of unlawful use of weapons if he or she
knowingly:
(1)
Carries concealed upon or about his or her person a knife, a firearm, a
blackjack or any other weapon readily capable of lethal use; or
(2)
Sets a spring gun; or
(3)
Discharges or shoots a firearm into a dwelling house, a railroad train, boat,
aircraft, or motor vehicle as defined in section 302.010, RSMo, or any building
or structure used for the assembling of people; or
(4)
Exhibits, in the presence of one or more persons, any weapon readily capable of
lethal use in an angry or threatening manner; or
(5)
[Possesses or discharges a firearm or projectile weapon while
intoxicated] Has a firearm or projectile weapon readily capable of
lethal use on his or her person, while he or she is intoxicated, and handles or
otherwise uses such firearm or projectile weapon in either a negligent or
unlawful manner or discharges such firearm or projectile weapon unless acting
in self-defense;
(6)
Discharges a firearm within one hundred yards of any occupied schoolhouse,
courthouse, or church building; or
(7)
Discharges or shoots a firearm at a mark, at any object, or at random, on,
along or across a public highway or discharges or shoots a firearm into any
outbuilding; or
(8)
Carries a firearm or any other weapon readily capable of lethal use into any
church or place where people have assembled for worship, or into any election
precinct on any election day, or into any building owned or occupied by any
agency of the federal government, state government, or political subdivision
thereof; or
(9)
Discharges or shoots a firearm at or from a motor vehicle, as defined in
section 301.010, RSMo, discharges or shoots a firearm at any person, or at any
other motor vehicle, or at any building or habitable structure, unless the
person was lawfully acting in self-defense; or
(10)
Carries a firearm, whether loaded or unloaded, or any other weapon readily
capable of lethal use into any school, onto any school bus, or onto the
premises of any function or activity sponsored or sanctioned by school officials
or the district school board.
2.
Subdivisions (1), (3), (4), (6), (7), (8), (9) and (10) of subsection 1 of this
section shall not apply to or affect any of the following when such uses are
reasonably associated with or are necessary to the fulfillment of such person's
official duties:
(1)
All state, county and municipal peace officers who have completed the training
required by the police officer standards and training commission pursuant to
sections 590.030 to 590.050, RSMo, and [possessing] who possess
the duty and power of arrest for violation of the general criminal laws of the
state or for violation of ordinances of counties or municipalities of the
state, whether such officers are on or off duty, and whether such officers are
within or outside of the law enforcement agency's jurisdiction, or all
qualified retired peace officers, as defined in subsection 10 of this section,
and who carry the identification defined in subsection 11 of this section, or
any person summoned by such officers to assist in making arrests or preserving
the peace while actually engaged in assisting such officer;
(2)
Wardens, superintendents and keepers of prisons, penitentiaries, jails and
other institutions for the detention of persons accused or convicted of crime;
(3)
Members of the armed forces or national guard while
performing their official duty;
(4)
Those persons vested by article V, section 1 of the Constitution of Missouri
with the judicial power of the state and those persons vested by Article III of
the Constitution of the United States with the judicial power of the United
States, the members of the federal judiciary;
(5)
Any person whose bona fide duty is to execute process, civil or criminal;
(6)
Any federal probation officer or federal flight deck officer as defined under
the federal flight deck officer program, 49 U.S.C. Section 44921;
(7)
Any state probation or parole officer, including supervisors and members of the
board of probation and parole;
(8)
Any corporate security advisor meeting the definition and fulfilling the
requirements of the regulations established by the board of police
commissioners under section 84.340, RSMo; [and]
(9)
Any coroner, deputy coroner, medical examiner, or assistant medical examiner;
and
(10)
Any prosecuting attorney or assistant prosecuting attorney or any circuit
attorney or assistant circuit attorney who has completed the firearms safety
training course required under subsection 2 of section 571.111.
3.
Subdivisions (1), (5), (8), and (10) of subsection 1 of this section do not
apply when the actor is transporting such weapons in a nonfunctioning state or
in an unloaded state when ammunition is not readily accessible or when such
weapons are not readily accessible. Subdivision (1) of subsection 1 of this
section does not apply to any person twenty-one years of age or older
transporting a concealable firearm in the passenger compartment of a motor vehicle,
so long as such concealable firearm is otherwise lawfully possessed, nor when
the actor is also in possession of an exposed firearm or projectile weapon for
the lawful pursuit of game, or is in his or her dwelling unit or upon premises
over which the actor has possession, authority or control, or is traveling in a
continuous journey peaceably through this state. Subdivision (10) of subsection
1 of this section does not apply if the firearm is otherwise lawfully possessed
by a person while traversing school premises for the purposes of transporting a
student to or from school, or possessed by an adult for the purposes of
facilitation of a school-sanctioned firearm-related event.
4.
Subdivisions (1), (8), and (10) of subsection 1 of this section shall not apply
to any person who has a valid concealed carry endorsement issued pursuant to
sections 571.101 to 571.121 or a valid permit or endorsement to carry concealed
firearms issued by another state or political subdivision of another state.
5.
Subdivisions (3), (4), (5), (6), (7), (8), (9), and (10) of subsection 1 of
this section shall not apply to persons who are engaged in a lawful act of
defense pursuant to section 563.031, RSMo.
6.
Nothing in this section shall make it unlawful for a student to actually
participate in school-sanctioned gun safety courses, student military or ROTC
courses, or other school-sponsored firearm-related events, provided the student
does not carry a firearm or other weapon readily capable of lethal use into any
school, onto any school bus, or onto the premises of any other function or
activity sponsored or sanctioned by school officials or the district school
board.
7.
Unlawful use of weapons is a class D felony unless committed pursuant to
subdivision (6), (7), or (8) of subsection 1 of this section, in which cases it
is a class B misdemeanor, or subdivision (5) or (10) of subsection 1 of this
section, in which case it is a class A misdemeanor if the firearm is unloaded
and a class D felony if the firearm is loaded, or subdivision (9) of subsection
1 of this section, in which case it is a class B felony, except that if the
violation of subdivision (9) of subsection 1 of this section results in injury
or death to another person, it is a class A felony.
8.
Violations of subdivision (9) of subsection 1 of this section shall be punished
as follows:
(1)
For the first violation a person shall be sentenced to the maximum authorized
term of imprisonment for a class B felony;
(2)
For any violation by a prior offender as defined in section 558.016, RSMo, a
person shall be sentenced to the maximum authorized term of imprisonment for a
class B felony without the possibility of parole, probation or conditional
release for a term of ten years;
(3)
For any violation by a persistent offender as defined in section 558.016, RSMo,
a person shall be sentenced to the maximum authorized term of imprisonment for
a class B felony without the possibility of parole, probation, or conditional
release;
(4)
For any violation which results in injury or death to
another person, a person shall be sentenced to an authorized disposition for a
class A felony.
9.
Any person knowingly aiding or abetting any other person in the violation of
subdivision (9) of subsection 1 of this section shall be subject to the same
penalty as that prescribed by this section for violations by other persons.
10.
As used in this section "qualified retired peace officer"
means an individual who:
(1)
Retired in good standing from service with a public agency as a peace officer,
other than for reasons of mental instability;
(2)
Before such retirement, was authorized by law to engage in or supervise the
prevention, detection, investigation, or prosecution of, or the incarceration
of any person for, any violation of law, and had statutory powers of arrest;
(3)
Before such retirement, was regularly employed as a peace officer for an
aggregate of fifteen years or more, or retired from service with such agency,
after completing any applicable probationary period of such service, due to a
service-connected disability, as determined by such agency;
(4)
Has a nonforfeitable right to benefits under the retirement plan of the agency
if such a plan is available;
(5)
During the most recent twelve-month period, has met, at the expense of the
individual, the standards for training and qualification for active peace
officers to carry firearms;
(6)
Is not under the influence of alcohol or another intoxicating or hallucinatory
drug or substance; and
(7)
Is not prohibited by federal law from receiving a firearm.
11.
The identification required by subdivision (1) of subsection 2 of this section
is:
(1)
A photographic identification issued by the agency from which the individual
retired from service as a peace officer that indicates that the individual has,
not less recently than one year before the date the individual is carrying the
concealed firearm, been tested or otherwise found by the agency to meet the
standards established by the agency for training and qualification for active
peace officers to carry a firearm of the same type as the concealed firearm; or
(2)
A photographic identification issued by the agency from which the individual
retired from service as a peace officer; and
(3)
A certification issued by the state in which the individual resides that
indicates that the individual has, not less recently than one year before the
date the individual is carrying the concealed firearm, been tested or otherwise
found by the state to meet the standards established by the state for training
and qualification for active peace officers to carry a firearm of the same type
as the concealed firearm.
571.070.
1. A person commits the crime of unlawful possession of a firearm if such person
knowingly has any firearm in his or her possession and:
(1)
Such person has been convicted of a felony under the laws of this state, or of
a crime under the laws of any state or of the United States which, if committed
within this state, would be a felony; or
(2)
Such person is a fugitive from justice, is habitually in an intoxicated or
drugged condition, or is currently adjudged mentally incompetent.
2.
Unlawful possession of a firearm is a class C felony.
3.
The provisions of subdivision (1) of subsection 1 of this section shall not
apply to the possession of an antique firearm.
571.104.
1. (1) A concealed carry endorsement issued pursuant to sections 571.101 to
571.121 shall be suspended or revoked if the concealed carry endorsement holder
becomes ineligible for such concealed carry endorsement under the criteria
established in subdivisions (2), (3), (4), (5), and (7) of subsection 2 of
section 571.101 or upon the issuance of a valid 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 a person holding a concealed
carry endorsement issued pursuant to sections 571.101 to 571.121 upon
notification of said order, warrant, discharge or commitment or upon an order
of a court of competent jurisdiction in a criminal proceeding, a commitment
proceeding or a full order of protection proceeding ruling that a person
holding a concealed carry endorsement presents a risk of harm to themselves or
others, then upon notification of such order, the holder of the concealed carry
endorsement shall surrender the driver's license or nondriver's license
containing the concealed carry endorsement to the court, to the officer, or
other official serving the order, warrant, discharge, or commitment.
(3)
The official to whom the driver's license or nondriver's license containing the
concealed carry endorsement is surrendered shall issue a receipt to the
licensee for the license upon a form, approved by the director of revenue, that
serves as a driver's license or a nondriver's license and clearly states the
concealed carry endorsement has been suspended. The official shall then
transmit the driver's license or a nondriver's license containing the concealed
carry endorsement to the circuit court of the county issuing the order,
warrant, discharge, or commitment. The concealed carry endorsement issued
pursuant to sections 571.101 to 571.121 shall be suspended until the order is
terminated or until the arrest results in a dismissal of all charges. Upon
dismissal, the court holding the driver's license or nondriver's license
containing the concealed carry endorsement shall return it to the individual.
(4)
Any conviction, discharge, or commitment specified in sections 571.101 to
571.121 shall result in a revocation. Upon conviction, the court shall forward
a notice of conviction or action and the driver's license or nondriver's
license with the concealed carry endorsement to the department of revenue. The
department of revenue shall notify the sheriff of the county which issued the
certificate of qualification for a concealed carry endorsement and shall report
the change in status of the concealed carry endorsement to the Missouri uniform
law enforcement system. The director of revenue shall immediately remove the
endorsement issued pursuant to sections 571.101 to 571.121 from the
individual's driving record within three days of the receipt of the notice from
the court. The director of revenue shall notify the licensee that he or she
must apply for a new license pursuant to chapter 302, RSMo, which does not contain
such endorsement. This requirement does not affect the driving privileges of
the licensee. The notice issued by the department of revenue shall be mailed 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 qualified applicant upon
receipt of the properly completed renewal application and the required renewal
fee by the sheriff of the county of the applicant's residence. The renewal
application shall contain the same required information as set forth in
subsection 3 of section 571.101, except that in lieu of the fingerprint
requirement of subsection 5 of section 571.101 and the firearms safety
training, the applicant need only display his or her current driver's license
or nondriver's license containing a concealed carry endorsement. Upon
successful completion of all renewal requirements, the sheriff shall issue a
certificate of qualification which contains the date such
certificate was renewed.
3.
A person who has been issued a certificate of qualification for a concealed
carry endorsement who fails to file a renewal application on or before its
expiration date must pay an additional late fee of ten dollars per month for
each month it is expired for up to six months. After six months, the sheriff
who issued the expired certificate shall notify the director of revenue that
such certificate is expired. The director of revenue shall immediately cancel
the concealed carry endorsement and remove such endorsement from the
individual's driving record and notify the individual of such cancellation. The
notice of cancellation of the endorsement shall be conducted in the same manner
as described in subsection 1 of this section. Any person who has been issued a
certificate of qualification for a concealed carry endorsement pursuant to
sections 571.101 to 571.121 who fails to renew his or her application within
the six-month period must reapply for a new certificate of qualification for a
concealed carry endorsement and pay the fee for a new application. The director
of revenue shall not issue an endorsement on a renewed driver's license or
renewed nondriver's license unless the applicant for such license provides evidence
that he or she has renewed the certification of qualification for a concealed
carry endorsement in the manner provided for such renewal pursuant to sections
571.101 to 571.121. If an applicant for renewal of a driver's license or
nondriver's license containing a concealed carry endorsement does not want to
maintain the concealed carry endorsement, the applicant shall inform the
director at the time of license renewal of his or her desire to remove the
endorsement. When a driver's or nondriver's license applicant informs the
director of his or her desire to remove the concealed carry endorsement, the
director shall renew the driver's license or nondriver's license without the
endorsement appearing on the license if the applicant is otherwise qualified for
such renewal.
4.
Any person issued a concealed carry endorsement pursuant to sections 571.101 to
571.121 shall notify the department of revenue and the sheriffs of both the old
and new jurisdictions of the endorsement holder's change of residence within
thirty days after the changing of a permanent residence. The endorsement holder
shall furnish proof to the department of revenue and the sheriff in the new
jurisdiction that the endorsement holder has changed his or her residence. The
sheriff of the new jurisdiction may charge a processing fee of not more than
ten dollars for any costs associated with notification of a change in
residence. The change of residence shall be made by the department of
revenue onto the individual's driving record and the new address shall be
accessible by the Missouri uniform law enforcement system within three days of
receipt of the information.
5.
Any person issued a driver's license or nondriver's license containing a
concealed carry endorsement pursuant to sections 571.101 to 571.121 shall
notify the sheriff or his or her designee of the endorsement holder's county or
city of residence within seven days after actual knowledge of the loss or
destruction of his or her driver's license or nondriver's license containing a
concealed carry endorsement. The endorsement holder shall furnish a statement
to the sheriff that the driver's license or nondriver's license containing the
concealed carry endorsement has been lost or destroyed. After notification of
the loss or destruction of a driver's license or nondriver's license containing
a concealed carry endorsement, the sheriff shall reissue a new certificate of
qualification within three working days of being notified by the concealed
carry endorsement holder of its loss or destruction. The reissued certificate
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 same manner as
provided in subsection 7 section 571.101. Upon application for a license
pursuant to chapter 302, RSMo, the director of revenue shall issue a driver's
license or nondriver's license containing a concealed carry endorsement if the
applicant is otherwise eligible to receive such license.
6.
If a person issued a concealed carry endorsement changes his or her name, the
person to whom the endorsement was issued shall obtain a corrected certificate
of qualification for a concealed carry endorsement with a change of name from
the sheriff who issued such certificate upon the sheriff's verification of the
name change. The sheriff may charge a processing fee of not more than ten
dollars for any costs associated with obtaining a corrected certificate of
qualification. The endorsement holder shall furnish proof of the name
change to the department of revenue and the sheriff within thirty days of
changing his or her name and display his or her current driver's license or
nondriver's license containing a concealed carry endorsement. The endorsement
holder shall apply for a new driver's license or nondriver's license containing
his or her new name. Such application for a driver's license or nondriver's
license shall be made pursuant to chapter 302, RSMo. The director of revenue
shall issue a driver's license or nondriver's license with concealed carry
endorsement with the endorsement holder's new name if the applicant is otherwise
eligible for such license. The director of revenue shall take custody of the
old driver's license or nondriver's license. The name change shall be made by
the department of revenue onto the individual's driving record and the new name
shall be accessible by the Missouri uniform law enforcement system within three
days of receipt of the information.
7.
A concealed carry endorsement shall be automatically invalid after thirty days
if the endorsement holder has changed his or her name or changed his or her
residence and not notified the department of revenue and sheriff of a change of
name or residence as required in subsections 4 and 6 of this section.
571.107.
1. A concealed carry endorsement issued pursuant to sections 571.101 to 571.121
or a concealed carry endorsement or permit issued by another state or political
subdivision of another state shall authorize the person in whose name the
permit or endorsement is issued to carry concealed firearms on or about his or
her person or vehicle throughout the state. No driver's license or nondriver's
license containing a concealed carry endorsement issued pursuant to sections
571.101 to 571.121 or a concealed carry endorsement or permit issued by another
state or political subdivision of another state shall authorize any person to
carry concealed firearms into:
(1)
Any police, sheriff, or highway patrol office or station without the consent of
the chief law enforcement officer in charge of that office or station. Possession
of a firearm in a vehicle on the premises of the office or station shall not be
a criminal offense so long as the firearm is not removed from the vehicle or
brandished while the vehicle is on the premises;
(2)
Within twenty-five feet of any polling place on any election day. Possession of
a firearm in a vehicle on the premises of the polling place shall not be a
criminal offense so long as the firearm is not removed from the vehicle or
brandished while the vehicle is on the premises;
(3)
The facility of any adult or juvenile detention or correctional institution,
prison or jail. Possession of a firearm in a vehicle on the premises of any
adult, juvenile detention, or correctional institution, prison or jail shall
not be a criminal offense so long as the firearm is not removed from the
vehicle or brandished while the vehicle is on the premises;
(4)
Any courthouse solely occupied by the circuit, appellate or supreme
court, or any courtrooms, administrative offices, libraries or other
rooms of any such court whether or not such court solely occupies the building
in question. This subdivision shall also include, but not be limited to, any
juvenile, family, drug, or other court offices, any room or office wherein any
of the courts or offices listed in this subdivision are temporarily conducting
any business within the jurisdiction of such courts or offices, and such other
locations in such manner as may be specified by supreme court rule pursuant to
subdivision (6) of this subsection. Nothing in this subdivision shall preclude
those persons listed in subdivision (1) of subsection 2 of section 571.030
while within their jurisdiction and on duty, those persons listed in
subdivisions (2) [and], (4), and (10) of subsection 2 of section
571.030, or such other persons who serve in a law enforcement capacity for a
court as may be specified by supreme court rule pursuant to subdivision (6) of
this subsection from carrying a concealed firearm within any of the areas
described in this subdivision. Possession of a firearm in a vehicle on the
premises of any of the areas listed in this subdivision shall not be a criminal
offense so long as the firearm is not removed from the vehicle or brandished
while the vehicle is on the premises;
(5)
Any meeting of the governing body of a unit of local government; or any meeting
of the general assembly or a committee of the general assembly, except that
nothing in this subdivision shall preclude a member of the body holding a valid
concealed carry endorsement from carrying a concealed firearm at a meeting of
the body which he or she is a member. Possession of a firearm in a vehicle on
the premises shall not be a criminal offense so long as the firearm is not
removed from the vehicle or brandished while the vehicle is on the premises;
(6)
The general assembly, supreme court, county or municipality may by rule,
administrative regulation, or ordinance prohibit or limit the carrying of
concealed firearms by endorsement holders in that portion of a building owned,
leased or controlled by that unit of government. Any portion of a building in
which the carrying of concealed firearms is prohibited or limited shall be
clearly identified by signs posted at the entrance to the restricted area. The
statute, rule or ordinance shall exempt any building used for public housing by
private persons, highways or rest areas, firing ranges, and private dwellings
owned, leased, or controlled by that unit of government from any restriction on
the carrying or possession of a firearm. The statute, rule or ordinance shall
not specify any criminal penalty for its violation but may specify that persons
violating the statute, rule or ordinance may be denied entrance to the
building, ordered to leave the building and if employees of the unit of
government, be subjected to disciplinary measures for violation of the
provisions of the statute, rule or ordinance. The provisions of this
subdivision shall not apply to any other unit of government;
(7)
Any establishment licensed to dispense intoxicating liquor for consumption on
the premises, which portion is primarily devoted to that purpose, without the
consent of the owner or manager. The provisions of this subdivision shall not
apply to the licensee of said establishment. The provisions of this subdivision
shall not apply to any bona fide restaurant open to the general public having
dining facilities for not less than fifty persons and that receives at least
fifty-one percent of its gross annual income from the dining facilities by the
sale of food. This subdivision does not prohibit the possession of a firearm in
a vehicle on the premises of the establishment and shall not be a criminal
offense so long as the firearm is not removed from the vehicle or brandished
while the vehicle is on the premises. Nothing in this subdivision authorizes
any individual who has been issued a concealed carry endorsement to possess any
firearm while intoxicated;
(8)
Any area of an airport to which access is controlled by the
inspection of persons and property. Possession of a firearm in a vehicle
on the premises of the airport shall not be a criminal offense so long as the
firearm is not removed from the vehicle or brandished while the vehicle is on
the premises;
(9)
Any place where the carrying of a firearm is prohibited by
federal law;
(10)
Any higher education institution or elementary or secondary school facility
without the consent of the governing body of the higher education institution
or a school official or the district school board. Possession of a firearm in a
vehicle on the premises of any higher education institution or elementary or
secondary school facility shall not be a criminal offense so long as the
firearm is not removed from the vehicle or brandished while the vehicle is on
the premises;
(11)
Any portion of a building used as a child-care facility without the consent of
the manager. Nothing in this subdivision shall prevent the operator of a
child-care facility in a family home from owning or possessing a firearm or a
driver's license or nondriver's license containing a concealed carry
endorsement;
(12)
Any riverboat gambling operation accessible by the public without the consent
of the owner or manager pursuant to rules promulgated by the gaming commission.
Possession of a firearm in a vehicle on the premises of a riverboat gambling
operation shall not be a criminal offense so long as the firearm is not removed
from the vehicle or brandished while the vehicle is on the premises;
(13)
Any gated area of an amusement park. Possession of a firearm in a vehicle on
the premises of the amusement park shall not be a criminal offense so long as
the firearm is not removed from the vehicle or brandished while the vehicle is
on the premises;
(14)
Any church or other place of religious worship without the consent of the
minister or person or persons representing the religious organization that
exercises control over the place of religious worship. Possession of a firearm
in a vehicle on the premises shall not be a criminal offense so long as the
firearm is not removed from the vehicle or brandished while the vehicle is on
the premises;
(15)
Any private property whose owner has posted the premises as being off-limits to
concealed firearms by means of one or more signs displayed in a conspicuous
place of a minimum size of eleven inches by fourteen inches with the writing
thereon in letters of not less than one inch. The owner, business or commercial
lessee, manager of a private business enterprise, or any other organization,
entity, or person may prohibit persons holding a concealed carry endorsement
from carrying concealed firearms on the premises and may prohibit employees,
not authorized by the employer, holding a concealed carry endorsement from
carrying concealed firearms on the property of the employer. If the building or
the premises are open to the public, the employer of the business enterprise
shall post signs on or about the premises if carrying a concealed firearm is
prohibited. Possession of a firearm in a vehicle on the premises shall not be a
criminal offense so long as the firearm is not removed from the vehicle or
brandished while the vehicle is on the premises. An employer may prohibit
employees or other persons holding a concealed carry endorsement from carrying
a concealed firearm in vehicles owned by the employer;
(16)
Any sports arena or stadium with a seating capacity of five thousand or more.
Possession of a firearm in a vehicle on the premises shall not be a criminal
offense so long as the firearm is not removed from the vehicle or brandished
while the vehicle is on the premises;
(17)
Any hospital accessible by the public. Possession of a firearm in a vehicle on
the premises of a hospital shall not be a criminal offense so long as the
firearm is not removed from the vehicle or brandished while the vehicle is on
the premises.
2.
Carrying of a concealed firearm in a location specified in subdivisions (1) to
(17) of subsection 1 of this section by any individual who holds a concealed
carry endorsement issued pursuant to sections 571.101 to 571.121 shall not be a
criminal act but may subject the person to denial to the premises or removal
from the premises. If such person refuses to leave the premises and a peace
officer is summoned, such person may be issued a citation for an amount not to
exceed one hundred dollars for the first offense. If a second citation for a
similar violation occurs within a six-month period, such person shall be fined
an amount not to exceed two hundred dollars and his or her endorsement to carry
concealed firearms shall be suspended for a period of one year. If a third citation
for a similar violation is issued within one year of the first citation, such
person shall be fined an amount not to exceed five hundred dollars and shall
have his or her concealed carry endorsement revoked and such person shall not
be eligible for a concealed carry endorsement for a period of three years. Upon
conviction of charges arising from a citation issued pursuant to this
subsection, the court shall notify the sheriff of the county
which issued the certificate of qualification for a concealed carry
endorsement and the department of revenue. The sheriff shall suspend or revoke
the certificate of qualification for a concealed carry endorsement and the
department of revenue shall issue a notice of such suspension or revocation of
the concealed carry endorsement and take action to remove the concealed carry
endorsement from the individual's driving record. The director of revenue shall
notify the licensee that he or she must apply for a new license pursuant to
chapter 302, RSMo, which does not contain such endorsement. A concealed carry
endorsement suspension pursuant to sections 571.101 to 571.121 shall be
reinstated at the time of the renewal of his or her driver's license. The
notice issued by the department of revenue shall be mailed to the last known
address shown on the individual's driving record. The notice is deemed received
three days after mailing.