Second Amendment Protection
Second Amendment Protection
Sponsor: Sen. Will Kraus, District 8
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 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 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 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.
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.
The Missouri Alliance for Freedom supports this bill because it protects citizen’s right to bear arms and keeps our schools safe. This supports our mission of promoting individuals constitutional rights and increases individual liberty.
This bill passed both the House and the Senate. It is currently on the Governor's desk waiting for his signature.