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--- version:4686S.02I - Introduced+++ version:Senate Committee Substitute - Committee Version@@ -1,861 +1,304 @@-EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted-and is intended to be omitted in the law.-SECOND REGULAR SESSION+4686S.03C+ 1+SENATE COMMITTEE SUBSTITUTE+FORSENATE BILL NO. 1078-103RD GENERAL ASSEMBLY-INTRODUCED BY SENATOR SCHNELTING.-4686S.02I KRISTINA MARTIN, SecretaryAN ACT-To repeal sections 70.441, 571.030, 571.107, 577.703, and 577.712, RSMo, and to enact in lieu-thereof five new sections relating to weapons, with penalty provisions.+To repeal section 571.030, RSMo, and to enact in lieu+thereof one new section relating to weapons, with+penalty provisions.+Be it enacted by the General Assembly of the State of Missouri, as follows:- Section A. Sections 70.441, 571.030, 571.107, 577.703, 1-and 577.712, RSMo, are repealed and five new sections enacted 2-in lieu thereof, to be known as sections 70.441, 571.030, 3-571.107, 577.703, and 577.712, to read as follows:4- 70.441. 1. As used in this section, the following 1-terms have the following meanings: 2- (1) "Agency", the bi-state development agency created 3-by compact under section 70.370; 4- (2) "Conveyance" includes bus, paratransit vehicle, 5-rapid transit car or train, locomotive, or other vehicle 6-used or held for use by the agency as a means of 7-transportation of passengers; 8- (3) "Facilities" includes all property and equipment, 9-including, without limitation, rights-of-way and related 10-trackage, rails, signals, power, fuel, communication and 11-ventilation systems, power plants, stations, terminals, 12-signage, storage yards, depots, repair and maintenance 13-shops, yards, offices, parking lots and other real estate or 14-personal property used or held for or incidental to the 15- SB 1078 2-operation, rehabilitation or improvement of any public mass 16-transportation system of the agency; 17- (4) "Person", any individual, firm, copartnership, 18-corporation, association or company; and 19- (5) "Sound production device" includes, but is not 20-limited to, any radio receiver, phonograph, television 21-receiver, musical instrument, tape recorder, cassette 22-player, speaker device and any sound amplifier. 23- 2. In interpreting or applying this section, the 24-following provisions shall apply: 25- (1) Any act otherwise prohibited by this section is 26-lawful if specifically authorized by agreement, permit, 27-license or other writing duly signed by an authorized 28-officer of the agency or if performed by an officer, 29-employee or designated agent of the agency acting within the 30-scope of his or her employment or agency; 31- (2) Rules shall apply with equal force to any person 32-assisting, aiding or abetting another, including a minor, in 33-any of the acts prohibited by the rules or assisting, aiding 34-or abetting another in the avoidance of any of the 35-requirements of the rules; and 36- (3) The singular shall mean and include the plural; 37-the masculine gender shall mean the feminine and the neuter 38-genders; and vice versa. 39- 3. (1) No person shall use or enter upon the light 40-rail conveyances of the agency without payment of the fare 41-or other lawful charges established by the agency. Any 42-person on any such conveyance must have properly validated 43-fare media in his possession. This ticket must be valid to 44-or from the station the passenger is using, and must have 45-been used for entry for the trip then being taken; 46- SB 1078 3- (2) No person shall use any token, pass, badge, 47-ticket, document, transfer, card or fare media to gain entry 48-to the facilities or conveyances of, or make use of the 49-services of, the agency, except as provided, authorized or 50-sold by the agency and in accordance with any restriction on 51-the use thereof imposed by the agency; 52- (3) No person shall enter upon parking lots designated 53-by the agency as requiring payment to enter, either by 54-electronic gate or parking meters, where the cost of such 55-parking fee is visibly displayed at each location, without 56-payment of such fees or other lawful charges established by 57-the agency; 58- (4) Except for employees of the agency acting within 59-the scope of their employment, no person shall sell, 60-provide, copy, reproduce or produce, or create any version 61-of any token, pass, badge, ticket, document, transfer, card 62-or any other fare media or otherwise authorize access to or 63-use of the facilities, conveyances or services of the agency 64-without the written permission of an authorized 65-representative of the agency; 66- (5) No person shall put or attempt to put any paper, 67-article, instrument or item, other than a token, ticket, 68-badge, coin, fare card, pass, transfer or other access 69-authorization or other fare media issued by the agency and 70-valid for the place, time and manner in which used, into any 71-fare box, pass reader, ticket vending machine, parking 72-meter, parking gate or other fare collection instrument, 73-receptacle, device, machine or location; 74- (6) Tokens, tickets, fare cards, badges, passes, 75-transfers or other fare media that have been forged, 76-counterfeited, imitated, altered or improperly transferred 77- SB 1078 4-or that have been used in a manner inconsistent with this 78-section shall be confiscated; 79- (7) No person may perform any act which would 80-interfere with the provision of transit service or obstruct 81-the flow of traffic on facilities or conveyances or which 82-would in any way interfere or tend to interfere with the 83-safe and efficient operation of the facilities or 84-conveyances of the agency; 85- (8) All persons on or in any facility or conveyance of 86-the agency shall: 87- (a) Comply with all lawful orders and directives of 88-any agency employee acting within the scope of his 89-employment; 90- (b) Obey any instructions on notices or signs duly 91-posted on any agency facility or conveyance; and 92- (c) Provide accurate, complete and true information or 93-documents requested by agency personnel acting within the 94-scope of their employment and otherwise in accordance with 95-law; 96- (9) No person shall falsely represent himself or 97-herself as an agent, employee or representative of the 98-agency; 99- (10) No person on or in any facility or conveyance 100-shall: 101- (a) Litter, dump garbage, liquids or other matter, or 102-create a nuisance, hazard or [unsanitary] insanitary 103-condition, including, but not limited to, spitting and 104-urinating, except in facilities provided; 105- (b) Drink any alcoholic beverage or possess any opened 106-or unsealed container of alcoholic beverage, except on 107-premises duly licensed for the sale of alcoholic beverages, 108-such as bars and restaurants; 109- SB 1078 5- (c) Enter or remain in any facility or conveyance 110-while his ability to function safely in the environment of 111-the agency transit system is impaired by the consumption of 112-alcohol or by the taking of any drug; 113- (d) Loiter or stay on any facility of the agency; 114- (e) Consume foods or liquids of any kind, except in 115-those areas specifically authorized by the agency; 116- (f) Smoke or carry an open flame or lighted match, 117-cigar, cigarette, pipe or torch, except in those areas or 118-locations specifically authorized by the agency; or 119- (g) Throw or cause to be propelled any stone, 120-projectile or other article at, from, upon or in a facility 121-or conveyance; 122- (11) Except as otherwise provided under section 123-571.107, no weapon or other instrument intended for use as a 124-weapon may be carried in or on any facility or conveyance, 125-except for law enforcement personnel. For the purposes 126-hereof, a weapon shall include, but not be limited to, a 127-firearm, switchblade knife, sword, or any instrument of any 128-kind known as blackjack, billy club, club, sandbag, metal 129-knuckles, leather bands studded with metal, wood impregnated 130-with metal filings or razor blades; except that this 131-subdivision shall not apply to a rifle or shotgun which is 132-unloaded and carried in any enclosed case, box or other 133-container which completely conceals the item from view and 134-identification as a weapon; 135- (12) No explosives, flammable liquids, acids, 136-fireworks or other highly combustible materials or 137-radioactive materials may be carried on or in any facility 138-or conveyance, except as authorized by the agency; 139- (13) No person, except as specifically authorized by 140-the agency, shall enter or attempt to enter into any area 141- SB 1078 6-not open to the public, including, but not limited to, 142-motorman's cabs, conductor's cabs, bus operator's seat 143-location, closed-off areas, mechanical or equipment rooms, 144-concession stands, storage areas, interior rooms, tracks, 145-roadbeds, tunnels, plants, shops, barns, train yards, 146-garages, depots or any area marked with a sign restricting 147-access or indicating a dangerous environment; 148- (14) No person may ride on the roof, the platform 149-between rapid transit cars, or on any other area outside any 150-rapid transit car or bus or other conveyance operated by the 151-agency; 152- (15) No person shall extend his hand, arm, leg, head 153-or other part of his or her person or extend any item, 154-article or other substance outside of the window or door of 155-a moving rapid transit car, bus or other conveyance operated 156-by the agency; 157- (16) No person shall enter or leave a rapid transit 158-car, bus or other conveyance operated by the agency except 159-through the entrances and exits provided for that purpose; 160- (17) No animals may be taken on or into any conveyance 161-or facility except the following: 162- (a) An animal enclosed in a container, accompanied by 163-the passenger and carried in a manner which does not annoy 164-other passengers; and 165- (b) Working dogs for law enforcement agencies, agency 166-dogs on duty, dogs properly harnessed and accompanying blind 167-or hearing-impaired persons to aid such persons, or dogs 168-accompanying trainers carrying a certificate of 169-identification issued by a dog school; 170- (18) No vehicle shall be operated carelessly, or 171-negligently, or in disregard of the rights or safety of 172-others or without due caution and circumspection, or at a 173- SB 1078 7-speed in such a manner as to be likely to endanger persons 174-or property on facilities of the agency. The speed limit on 175-parking lots and access roads shall be posted as fifteen 176-miles per hour unless otherwise designated. 177- 4. (1) Unless a greater penalty is otherwise provided 178-by the laws of the state, any violation of this section 179-shall constitute a misdemeanor, and any person committing a 180-violation thereof shall be subject to arrest and, upon 181-conviction in a court of competent jurisdiction, shall pay a 182-fine in an amount not less than twenty-five dollars and no 183-greater than two hundred fifty dollars per violation, in 184-addition to court costs. Any default in the payment of a 185-fine imposed pursuant to this section without good cause 186-shall result in imprisonment for not more than thirty days; 187- (2) Unless a greater penalty is provided by the laws 188-of the state, any person convicted a second or subsequent 189-time for the same offense under this section shall be guilty 190-of a misdemeanor and sentenced to pay a fine of not less 191-than fifty dollars nor more than five hundred dollars in 192-addition to court costs, or to undergo imprisonment for up 193-to sixty days, or both such fine and imprisonment; 194- (3) Any person failing to pay the proper fare, fee or 195-other charge for use of the facilities and conveyances of 196-the agency shall be subject to payment of such charge as 197-part of the judgment against the violator. All proceeds 198-from judgments for unpaid fares or charges shall be directed 199-to the appropriate agency official; 200- (4) All juvenile offenders violating the provisions of 201-this section shall be subject to the jurisdiction of the 202-juvenile court as provided in chapter 211; 203- (5) As used in this section, the term "conviction" 204-shall include all pleas of guilty and findings of guilt. 205- SB 1078 8- 5. Any person who is convicted, pleads guilty, or 206-pleads nolo contendere for failing to pay the proper fare, 207-fee, or other charge for the use of the facilities and 208-conveyances of the bi-state development agency, as described 209-in subdivision (3) of subsection 4 of this section, may, in 210-addition to the unpaid fares or charges and any fines, 211-penalties, or sentences imposed by law, be required to 212-reimburse the reasonable costs attributable to the 213-enforcement, investigation, and prosecution of such offense 214-by the bi-state development agency. The court shall direct 215-the reimbursement proceeds to the appropriate agency 216-official. 217- 6. (1) Stalled or disabled vehicles may be removed 218-from the roadways of the agency property by the agency and 219-parked or stored elsewhere at the risk and expense of the 220-owner; 221- (2) Motor vehicles which are left unattended or 222-abandoned on the property of the agency for a period of over 223-seventy-two hours may be removed as provided for in section 224-304.155, except that the removal may be authorized by 225-personnel designated by the agency under section 70.378. 226- 571.030. 1. A person commits the offense of unlawful 1-use of weapons, except as otherwise provided by sections 2-571.101 to 571.121, if he or she knowingly: 3- (1) Carries concealed upon or about his or her person 4-a knife, a firearm, a blackjack or any other weapon readily 5-capable of lethal use into any area where firearms are 6-restricted under section 571.107; or 7- (2) Sets a spring gun; or 8- (3) Discharges or shoots a firearm into a dwelling 9-house, a railroad train, boat, aircraft, or motor vehicle as 10- SB 1078 9-defined in section 302.010, or any building or structure 11-used for the assembling of people; or 12- (4) Exhibits, in the presence of one or more persons, 13-any weapon readily capable of lethal use in an angry or 14-threatening manner; or 15- (5) Has a firearm or projectile weapon readily capable 16-of lethal use on his or her person, while he or she is 17-intoxicated, and handles or otherwise uses such firearm or 18-projectile weapon in either a negligent or unlawful manner 19-or discharges such firearm or projectile weapon unless 20-acting in self-defense; or 21- (6) Discharges a firearm within one hundred yards of 22-any occupied schoolhouse, courthouse, or church building; or 23- (7) Discharges or shoots a firearm at a mark, at any 24-object, or at random, on, along or across a public highway 25-or discharges or shoots a firearm into any outbuilding; or 26- (8) Carries a firearm or any other weapon readily 27-capable of lethal use into any church or place where people 28-have assembled for worship, or into any election precinct on 29-any election day, or into any building owned or occupied by 30-any agency of the federal government, state government, or 31-political subdivision thereof; or 32- (9) Discharges or shoots a firearm at or from a motor 33-vehicle, as defined in section 301.010, discharges or shoots 34-a firearm at any person, or at any other motor vehicle, or 35-at any building or habitable structure, unless the person 36-was lawfully acting in self-defense; or 37- (10) Carries a firearm, whether loaded or unloaded, or 38-any other weapon readily capable of lethal use into any 39-school, onto any school bus, or onto the premises of any 40-function or activity sponsored or sanctioned by school 41-officials or the district school board; or 42- SB 1078 10- (11) Possesses a firearm while also knowingly in 43-possession of a controlled substance that is sufficient for 44-a felony violation of section 579.015. 45- 2. Subdivisions (1), (8), and (10) of subsection 1 of 46-this section shall not apply to the persons described in 47-this subsection, regardless of whether such uses are 48-reasonably associated with or are necessary to the 49-fulfillment of such person's official duties except as 50-otherwise provided in this subsection. Subdivisions (3), 51-(4), (6), (7), and (9) of subsection 1 of this section shall 52-not apply to or affect any of the following persons, when 53-such uses are reasonably associated with or are necessary to 54-the fulfillment of such person's official duties, except as 55-otherwise provided in this subsection: 56- (1) All state, county and municipal peace officers who 57-have completed the training required by the police officer 58-standards and training commission pursuant to sections 59-590.030 to 590.050 and who possess the duty and power of 60-arrest for violation of the general criminal laws of the 61-state or for violation of ordinances of counties or 62-municipalities of the state, whether such officers are on or 63-off duty, and whether such officers are within or outside of 64-the law enforcement agency's jurisdiction, or all qualified 65-retired peace officers, as defined in subsection 12 of this 66-section, and who carry the identification defined in 67-subsection 13 of this section, or any person summoned by 68-such officers to assist in making arrests or preserving the 69-peace while actually engaged in assisting such officer; 70- (2) Wardens, superintendents and keepers of prisons, 71-penitentiaries, jails and other institutions for the 72-detention of persons accused or convicted of crime; 73- SB 1078 11- (3) Members of the Armed Forces or National Guard 74-while performing their official duty; 75- (4) Those persons vested by Article V, Section 1 of 76-the Constitution of Missouri with the judicial power of the 77-state and those persons vested by Article III of the 78-Constitution of the United States with the judicial power of 79-the United States, the members of the federal judiciary; 80- (5) Any person whose bona fide duty is to execute 81-process, civil or criminal; 82- (6) Any federal probation officer or federal flight 83-deck officer as defined under the federal flight deck 84-officer program, 49 U.S.C. Section 44921, regardless of 85-whether such officers are on duty, or within the law 86-enforcement agency's jurisdiction; 87- (7) Any state probation or parole officer, including 88-supervisors and members of the parole board; 89- (8) Any corporate security advisor meeting the 90-definition and fulfilling the requirements of the 91-regulations established by the department of public safety 92-under section 590.750; 93- (9) Any coroner, deputy coroner, medical examiner, or 94-assistant medical examiner; 95- (10) Any municipal or county prosecuting attorney or 96-assistant prosecuting attorney; circuit attorney or 97-assistant circuit attorney; municipal, associate, or circuit 98-judge; the attorney general or staff of the attorney 99-general; or any person appointed by a court to be a special 100-prosecutor who has completed the firearms safety training 101-course required under subsection 2 of section 571.111; 102- (11) Any member of a fire department or fire 103-protection district who is employed on a full-time basis as 104-a fire investigator and who has a valid concealed carry 105- SB 1078 12-endorsement issued prior to August 28, 2013, or a valid 106-concealed carry permit under section 571.111 when such uses 107-are reasonably associated with or are necessary to the 108-fulfillment of such person's official duties; and 109- (12) Upon the written approval of the governing body 110-of a fire department or fire protection district, any paid 111-fire department or fire protection district member who is 112-employed on a full-time basis and who has a valid concealed 113-carry endorsement issued prior to August 28, 2013, or a 114-valid concealed carry permit, when such uses are reasonably 115-associated with or are necessary to the fulfillment of such 116-person's official duties. 117- 3. Subdivisions (1), (5), (8), and (10) of subsection 118-1 of this section do not apply when the actor is 119-transporting such weapons in a nonfunctioning state or in an 120-unloaded state when ammunition is not readily accessible or 121-when such weapons are not readily accessible. Subdivision 122-(1) of subsection 1 of this section does not apply to any 123-person nineteen years of age or older or eighteen years of 124-age or older and a member of the United States Armed Forces, 125-or honorably discharged from the United States Armed Forces, 126-transporting a concealable firearm in the passenger 127-compartment of a motor vehicle, so long as such concealable 128-firearm is otherwise lawfully possessed, nor when the actor 129-is also in possession of an exposed firearm or projectile 130-weapon for the lawful pursuit of game, or is in his or her 131-dwelling unit or upon premises over which the actor has 132-possession, authority or control, or is traveling in a 133-continuous journey peaceably through this state. 134-Subdivision (10) of subsection 1 of this section does not 135-apply if the firearm is otherwise lawfully possessed by a 136-person while traversing school premises for the purposes of 137- SB 1078 13-transporting a student to or from school, or possessed by an 138-adult for the purposes of facilitation of a school- 139-sanctioned firearm-related event or club event. 140- 4. Subdivisions (1), (8), and (10) of subsection 1 of 141-this section shall not apply to any person who has a valid 142-concealed carry permit issued pursuant to sections 571.101 143-to 571.121, a valid concealed carry endorsement issued 144-before August 28, 2013, or a valid permit or endorsement to 145-carry concealed firearms issued by another state or 146-political subdivision of another state. 147- 5. Subdivisions (3), (4), (5), (6), (7), (8), (9), and 148-(10) of subsection 1 of this section shall not apply to 149-persons who are engaged in a lawful act of defense pursuant 150-to section 563.031. 151- 6. Notwithstanding any provision of this section to 152-the contrary, the state shall not prohibit any state 153-employee from having a firearm in the employee's vehicle on 154-the state's property provided that the vehicle is locked and 155-the firearm is not visible. This subsection shall only 156-apply to the state as an employer when the state employee's 157-vehicle is on property owned or leased by the state and the 158-state employee is conducting activities within the scope of 159-his or her employment. For the purposes of this subsection, 160-"state employee" means an employee of the executive, 161-legislative, or judicial branch of the government of the 162-state of Missouri. 163- 7. (1) Subdivision (10) of subsection 1 of this 164-section shall not apply to a person who is a school officer 165-commissioned by the district school board under section 166-162.215 or who is a school protection officer, as described 167-under section 160.665. 168- SB 1078 14- (2) Nothing in this section shall make it unlawful for 169-a student to actually participate in school-sanctioned gun 170-safety courses, student military or ROTC courses, or other 171-school-sponsored or club-sponsored firearm-related events, 172-provided the student does not carry a firearm or other 173-weapon readily capable of lethal use into any school, onto 174-any school bus, or onto the premises of any other function 175-or activity sponsored or sanctioned by school officials or 176-the district school board. 177- 8. A person who commits the crime of unlawful use of 178-weapons under: 179- (1) Subdivision (2), (3), (4), or (11) of subsection 1 180-of this section shall be guilty of a class E felony; 181- (2) Subdivision (1), (6), (7), or (8) of subsection 1 182-of this section shall be guilty of a class B misdemeanor, 183-except when a concealed weapon is carried onto any private 184-property whose owner has posted the premises as being off- 185-limits to concealed firearms by means of one or more signs 186-displayed in a conspicuous place of a minimum size of eleven 187-inches by fourteen inches with the writing thereon in 188-letters of not less than one inch, in which case the 189-penalties of subsection 2 of section 571.107 shall apply; 190- (3) Subdivision (5) or (10) of subsection 1 of this 191-section shall be guilty of a class A misdemeanor if the 192-firearm is unloaded and a class E felony if the firearm is 193-loaded; 194- (4) Subdivision (9) of subsection 1 of this section 195-shall be guilty of a class B felony, except that if the 196-violation of subdivision (9) of subsection 1 of this section 197-results in injury or death to another person, it is a class 198-A felony. 199- SB 1078 15- 9. Violations of subdivision (9) of subsection 1 of 200-this section shall be punished as follows: 201- (1) For the first violation a person shall be 202-sentenced to the maximum authorized term of imprisonment for 203-a class B felony; 204- (2) For any violation by a prior offender as defined 205-in section 558.016, a person shall be sentenced to the 206-maximum authorized term of imprisonment for a class B felony 207-without the possibility of parole, probation or conditional 208-release for a term of ten years; 209- (3) For any violation by a persistent offender as 210-defined in section 558.016, a person shall be sentenced to 211-the maximum authorized term of imprisonment for a class B 212-felony without the possibility of parole, probation, or 213-conditional release; 214- (4) For any violation which results in injury or death 215-to another person, a person shall be sentenced to an 216-authorized disposition for a class A felony. 217- 10. Any person knowingly aiding or abetting any other 218-person in the violation of subdivision (9) of subsection 1 219-of this section shall be subject to the same penalty as that 220-prescribed by this section for violations by other persons. 221- 11. Notwithstanding any other provision of law, no 222-person who pleads guilty to or is found guilty of a felony 223-violation of subsection 1 of this section shall receive a 224-suspended imposition of sentence if such person has 225-previously received a suspended imposition of sentence for 226-any other firearms- or weapons-related felony offense. 227- 12. As used in this section "qualified retired peace 228-officer" means an individual who: 229- SB 1078 16- (1) Retired in good standing from service with a 230-public agency as a peace officer, other than for reasons of 231-mental instability; 232- (2) Before such retirement, was authorized by law to 233-engage in or supervise the prevention, detection, 234-investigation, or prosecution of, or the incarceration of 235-any person for, any violation of law, and had statutory 236-powers of arrest; 237- (3) Before such retirement, was regularly employed as 238-a peace officer for an aggregate of fifteen years or more, 239-or retired from service with such agency, after completing 240-any applicable probationary period of such service, due to a 241-service-connected disability, as determined by such agency; 242- (4) Has a nonforfeitable right to benefits under the 243-retirement plan of the agency if such a plan is available; 244- (5) During the most recent twelve-month period, has 245-met, at the expense of the individual, the standards for 246-training and qualification for active peace officers to 247-carry firearms; 248- (6) Is not under the influence of alcohol or another 249-intoxicating or hallucinatory drug or substance; and 250- (7) Is not prohibited by federal law from receiving a 251-firearm. 252- 13. The identification required by subdivision (1) of 253-subsection 2 of this section is: 254- (1) A photographic identification issued by the agency 255-from which the individual retired from service as a peace 256-officer that indicates that the individual has, not less 257-recently than one year before the date the individual is 258-carrying the concealed firearm, been tested or otherwise 259-found by the agency to meet the standards established by the 260-agency for training and qualification for active peace 261- SB 1078 17-officers to carry a firearm of the same type as the 262-concealed firearm; or 263- (2) A photographic identification issued by the agency 264-from which the individual retired from service as a peace 265-officer; and 266- (3) A certification issued by the state in which the 267-individual resides that indicates that the individual has, 268-not less recently than one year before the date the 269-individual is carrying the concealed firearm, been tested or 270-otherwise found by the state to meet the standards 271-established by the state for training and qualification for 272-active peace officers to carry a firearm of the same type as 273-the concealed firearm. 274- 571.107. 1. A concealed carry permit issued pursuant 1-to sections 571.101 to 571.121, a valid concealed carry 2-endorsement issued prior to August 28, 2013, or a concealed 3-carry endorsement or permit issued by another state or 4-political subdivision of another state shall authorize the 5-person in whose name the permit or endorsement is issued to 6-carry concealed firearms on or about his or her person or 7-vehicle throughout the state. No concealed carry permit 8-issued pursuant to sections 571.101 to 571.121, valid 9-concealed carry endorsement issued prior to August 28, 2013, 10-or a concealed carry endorsement or permit issued by another 11-state or political subdivision of another state shall 12-authorize any person to carry concealed firearms into: 13- (1) Any police, sheriff, or highway patrol office or 14-station without the consent of the chief law enforcement 15-officer in charge of that office or station. Possession of 16-a firearm in a vehicle on the premises of the office or 17-station shall not be a criminal offense so long as the 18- SB 1078 18-firearm is not removed from the vehicle or brandished while 19-the vehicle is on the premises; 20- (2) Within twenty-five feet of any polling place on 21-any election day. Possession of a firearm in a vehicle on 22-the premises of the polling place shall not be a criminal 23-offense so long as the firearm is not removed from the 24-vehicle or brandished while the vehicle is on the premises; 25- (3) The facility of any adult or juvenile detention or 26-correctional institution, prison or jail. Possession of a 27-firearm in a vehicle on the premises of any adult, juvenile 28-detention, or correctional institution, prison or jail shall 29-not be a criminal offense so long as the firearm is not 30-removed from the vehicle or brandished while the vehicle is 31-on the premises; 32- (4) Any courthouse solely occupied by the circuit, 33-appellate or supreme court, or any courtrooms, 34-administrative offices, libraries or other rooms of any such 35-court whether or not such court solely occupies the building 36-in question. This subdivision shall also include, but not 37-be limited to, any juvenile, family, drug, or other court 38-offices, any room or office wherein any of the courts or 39-offices listed in this subdivision are temporarily 40-conducting any business within the jurisdiction of such 41-courts or offices, and such other locations in such manner 42-as may be specified by supreme court rule pursuant to 43-subdivision (6) of this subsection. Nothing in this 44-subdivision shall preclude those persons listed in 45-subdivision (1) of subsection 2 of section 571.030 while 46-within their jurisdiction and on duty, those persons listed 47-in subdivisions (2), (4), and (10) of subsection 2 of 48-section 571.030, or such other persons who serve in a law 49-enforcement capacity for a court as may be specified by 50- SB 1078 19-supreme court rule pursuant to subdivision (6) of this 51-subsection from carrying a concealed firearm within any of 52-the areas described in this subdivision. Possession of a 53-firearm in a vehicle on the premises of any of the areas 54-listed in this subdivision shall not be a criminal offense 55-so long as the firearm is not removed from the vehicle or 56-brandished while the vehicle is on the premises; 57- (5) Any meeting of the governing body of a unit of 58-local government; or any meeting of the general assembly or 59-a committee of the general assembly, except that nothing in 60-this subdivision shall preclude a member of the body holding 61-a valid concealed carry permit or endorsement from carrying 62-a concealed firearm at a meeting of the body which he or she 63-is a member. Possession of a firearm in a vehicle on the 64-premises shall not be a criminal offense so long as the 65-firearm is not removed from the vehicle or brandished while 66-the vehicle is on the premises. Nothing in this subdivision 67-shall preclude a member of the general assembly, a full-time 68-employee of the general assembly employed under Section 17, 69-Article III, Constitution of Missouri, legislative employees 70-of the general assembly as determined under section 21.155, 71-or statewide elected officials and their employees, holding 72-a valid concealed carry permit or endorsement, from carrying 73-a concealed firearm in the state capitol building or at a 74-meeting whether of the full body of a house of the general 75-assembly or a committee thereof, that is held in the state 76-capitol building; 77- (6) The general assembly, supreme court, county or 78-municipality may by rule, administrative regulation, or 79-ordinance prohibit or limit the carrying of concealed 80-firearms by permit or endorsement holders in that portion of 81-a building owned, leased or controlled by that unit of 82- SB 1078 20-government. Any portion of a building in which the carrying 83-of concealed firearms is prohibited or limited shall be 84-clearly identified by signs posted at the entrance to the 85-restricted area. The statute, rule or ordinance shall 86-exempt any building used for public housing by private 87-persons, highways or rest areas, firing ranges, and private 88-dwellings owned, leased, or controlled by that unit of 89-government from any restriction on the carrying or 90-possession of a firearm. The statute, rule or ordinance 91-shall not specify any criminal penalty for its violation but 92-may specify that persons violating the statute, rule or 93-ordinance may be denied entrance to the building, ordered to 94-leave the building and if employees of the unit of 95-government, be subjected to disciplinary measures for 96-violation of the provisions of the statute, rule or 97-ordinance. The provisions of this subdivision shall not 98-apply to any other unit of government; 99- (7) Any establishment licensed to dispense 100-intoxicating liquor for consumption on the premises, which 101-portion is primarily devoted to that purpose, without the 102-consent of the owner or manager. The provisions of this 103-subdivision shall not apply to the licensee of said 104-establishment. The provisions of this subdivision shall not 105-apply to any bona fide restaurant open to the general public 106-having dining facilities for not less than fifty persons and 107-that receives at least fifty-one percent of its gross annual 108-income from the dining facilities by the sale of food. This 109-subdivision does not prohibit the possession of a firearm in 110-a vehicle on the premises of the establishment and shall not 111-be a criminal offense so long as the firearm is not removed 112-from the vehicle or brandished while the vehicle is on the 113-premises. Nothing in this subdivision authorizes any 114- SB 1078 21-individual who has been issued a concealed carry permit or 115-endorsement to possess any firearm while intoxicated; 116- (8) Any area of an airport to which access is 117-controlled by the inspection of persons and property. 118-Possession of a firearm in a vehicle on the premises of the 119-airport shall not be a criminal offense so long as the 120-firearm is not removed from the vehicle or brandished while 121-the vehicle is on the premises; 122- (9) Any place where the carrying of a firearm is 123-prohibited by federal law; 124- (10) Any higher education institution or elementary or 125-secondary school facility without the consent of the 126-governing body of the higher education institution or a 127-school official or the district school board, unless the 128-person with the concealed carry endorsement or permit is a 129-teacher or administrator of an elementary or secondary 130-school who has been designated by his or her school district 131-as a school protection officer and is carrying a firearm in 132-a school within that district, in which case no consent is 133-required. Possession of a firearm in a vehicle on the 134-premises of any higher education institution or elementary 135-or secondary school facility shall not be a criminal offense 136-so long as the firearm is not removed from the vehicle or 137-brandished while the vehicle is on the premises; 138- (11) Any portion of a building used as a child care 139-facility without the consent of the manager. Nothing in 140-this subdivision shall prevent the operator of a child care 141-facility in a family home from owning or possessing a 142-firearm or a concealed carry permit or endorsement; 143- (12) Any riverboat gambling operation accessible by 144-the public without the consent of the owner or manager 145-pursuant to rules promulgated by the gaming commission. 146- SB 1078 22-Possession of a firearm in a vehicle on the premises of a 147-riverboat gambling operation shall not be a criminal offense 148-so long as the firearm is not removed from the vehicle or 149-brandished while the vehicle is on the premises; 150- (13) Any gated area of an amusement park. Possession 151-of a firearm in a vehicle on the premises of the amusement 152-park shall not be a criminal offense so long as the firearm 153-is not removed from the vehicle or brandished while the 154-vehicle is on the premises; 155- (14) Any church or other place of religious worship 156-without the consent of the minister or person or persons 157-representing the religious organization that exercises 158-control over the place of religious worship. Possession of 159-a firearm in a vehicle on the premises shall not be a 160-criminal offense so long as the firearm is not removed from 161-the vehicle or brandished while the vehicle is on the 162-premises; 163- (15) Any private property whose owner has posted the 164-premises as being off-limits to concealed firearms by means 165-of one or more signs displayed in a conspicuous place of a 166-minimum size of eleven inches by fourteen inches with the 167-writing thereon in letters of not less than one inch. The 168-owner, business or commercial lessee, manager of a private 169-business enterprise, or any other organization, entity, or 170-person may prohibit persons holding a concealed carry permit 171-or endorsement from carrying concealed firearms on the 172-premises and may prohibit employees, not authorized by the 173-employer, holding a concealed carry permit or endorsement 174-from carrying concealed firearms on the property of the 175-employer. If the building or the premises are open to the 176-public, the employer of the business enterprise shall post 177-signs on or about the premises if carrying a concealed 178- SB 1078 23-firearm is prohibited. Possession of a firearm in a vehicle 179-on the premises shall not be a criminal offense so long as 180-the firearm is not removed from the vehicle or brandished 181-while the vehicle is on the premises. An employer may 182-prohibit employees or other persons holding a concealed 183-carry permit or endorsement from carrying a concealed 184-firearm in vehicles owned by the employer; 185- (16) Any sports arena or stadium with a seating 186-capacity of five thousand or more. Possession of a firearm 187-in a vehicle on the premises shall not be a criminal offense 188-so long as the firearm is not removed from the vehicle or 189-brandished while the vehicle is on the premises; 190- (17) Any hospital accessible by the public. 191-Possession of a firearm in a vehicle on the premises of a 192-hospital shall not be a criminal offense so long as the 193-firearm is not removed from the vehicle or brandished while 194-the vehicle is on the premises. 195- 2. Carrying of a concealed firearm in a location 196-specified in subdivisions (1) to (17) of subsection 1 of 197-this section by any individual who holds a concealed carry 198-permit issued pursuant to sections 571.101 to 571.121, or a 199-concealed carry endorsement issued prior to August 28, 2013, 200-shall not be a criminal act but may subject the person to 201-denial to the premises or removal from the premises. If 202-such person refuses to leave the premises and a peace 203-officer is summoned, such person may be issued a citation 204-for an amount not to exceed one hundred dollars for the 205-first offense. If a second citation for a similar violation 206-occurs within a six-month period, such person shall be fined 207-an amount not to exceed two hundred dollars and his or her 208-permit, and, if applicable, endorsement to carry concealed 209-firearms shall be suspended for a period of one year. If a 210- SB 1078 24-third citation for a similar violation is issued within one 211-year of the first citation, such person shall be fined an 212-amount not to exceed five hundred dollars and shall have his 213-or her concealed carry permit, and, if applicable, 214-endorsement revoked and such person shall not be eligible 215-for a concealed carry permit for a period of three years. 216-Upon conviction of charges arising from a citation issued 217-pursuant to this subsection, the court shall notify the 218-sheriff of the county which issued the concealed carry 219-permit, or, if the person is a holder of a concealed carry 220-endorsement issued prior to August 28, 2013, the court shall 221-notify the sheriff of the county which issued the 222-certificate of qualification for a concealed carry 223-endorsement and the department of revenue. The sheriff 224-shall suspend or revoke the concealed carry permit or, if 225-applicable, the certificate of qualification for a concealed 226-carry endorsement. If the person holds an endorsement, the 227-department of revenue shall issue a notice of such 228-suspension or revocation of the concealed carry endorsement 229-and take action to remove the concealed carry endorsement 230-from the individual's driving record. The director of 231-revenue shall notify the licensee that he or she must apply 232-for a new license pursuant to chapter 302 which does not 233-contain such endorsement. The notice issued by the 234-department of revenue shall be mailed to the last known 235-address shown on the individual's driving record. The 236-notice is deemed received three days after mailing. 237- 3. Notwithstanding any provision of this chapter or 238-chapter 70, 577, or 578 to the contrary, a person carrying a 239-firearm concealed on or about his or her person who is 240-lawfully in possession of a valid concealed carry permit or 241-endorsement shall not be prohibited or impeded from 242- SB 1078 25-accessing or using any publicly funded transportation system 243-and shall not be harassed or detained for carrying a 244-concealed firearm on the property, vehicles, or conveyances 245-owned, contracted, or leased by such systems that are 246-accessible to the public. For purposes of this subsection, 247-"publicly funded transportation system" means the property, 248-equipment, rights-of-way, or buildings, whether publicly or 249-privately owned and operated, of an entity that receives 250-public funds and holds itself out to the general public for 251-the transportation of persons. This includes portions of a 252-public transportation system provided through a contract 253-with a private entity but excludes any corporation that 254-provides intercity passenger train service on railroads 255-throughout the United States or any private partnership in 256-which the corporation engages. 257- 577.703. 1. A person commits the offense of bus 1-hijacking if he or she seizes or exercises control, by force 2-or violence or threat of force or violence, of any bus. The 3-offense of bus hijacking is a class B felony. 4- 2. The offense of "assault with the intent to commit 5-bus hijacking" is defined as an intimidation, threat, 6-assault or battery toward any driver, attendant or guard of 7-a bus so as to interfere with the performance of duties by 8-such person. Assault to commit bus hijacking is a class D 9-felony. 10- 3. Any person, who, in the commission of such 11-intimidation, threat, assault or battery with the intent to 12-commit bus hijacking, employs a dangerous or deadly weapon 13-or other means capable of inflicting serious bodily injury 14-shall, upon conviction, be guilty of a class A felony. 15- 4. Except as otherwise provided under section 571.107, 16-any passenger who boards a bus with a dangerous or deadly 17- SB 1078 26-weapon or other means capable of inflicting serious bodily 18-injury concealed upon his or her person or effects is guilty 19-of the felony of "possession and concealment of a dangerous 20-or deadly weapon" upon a bus. Possession and concealment of 21-a dangerous and deadly weapon by a passenger upon a bus is a 22-class D felony. The provisions of this subsection shall not 23-apply to: 24- (1) Duly elected or appointed law enforcement officers 25-or commercial security personnel who are in possession of 26-weapons used within the course and scope of their 27-employment; [nor shall the provisions of this subsection 28-apply to] 29- (2) Persons who are in possession of weapons or other 30-means of inflicting serious bodily injury with the consent 31-of the owner of such bus, his or her agent, or the lessee or 32-bailee of such bus; or 33- (3) Persons carrying a concealed firearm who lawfully 34-possess a valid concealed carry permit or endorsement in 35-accordance with section 571.107. 36- 577.712. 1. In order to provide for the safety, 1-comfort, and well-being of passengers and others having a 2-bona fide business interest in any terminal, a bus 3-transportation company may refuse admission to terminals to 4-any person not having bona fide business within the 5-terminal. Any such refusal shall not be inconsistent or 6-contrary to state or federal laws, regulations pursuant 7-thereto, or to any ordinance of the political subdivision in 8-which such terminal is located. A duly authorized company 9-representative may ask any person in a terminal or on the 10-premises of a terminal to identify himself or herself and 11-state his or her business. Failure to comply with such 12-request or failure to state an acceptable business purpose 13- SB 1078 27-shall be grounds for the company representative to request 14-that such person leave the terminal. Refusal to comply with 15-such request shall constitute disorderly conduct. 16-Disorderly conduct shall be a class C misdemeanor. 17- 2. Except as otherwise provided by section 571.107, it 18-is unlawful for any person to carry a deadly or dangerous 19-weapon or any explosives or hazardous material into a 20-terminal or aboard a bus. Possession of a deadly or 21-dangerous weapon, explosive or hazardous material shall be a 22-class D felony. Upon the discovery of any such item or 23-material, the company may obtain possession and retain 24-custody of such item or material until it is transferred to 25-the custody of law enforcement officers. 26-✓+ Section A. Section 571.030, RSMo, is repealed and one new+section enacted in lieu thereof, to be known as section 571.030,+to read as follows:+ 571.030. 1. A person commits the offense of unlawful+use of weapons, except as otherwise provided by sections+571.101 to 571.121, 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 into any area where firearms are+restricted under section 571.107; 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, 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) 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; or++ 2+ (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, 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; or+ (11) Possesses a firearm while also knowingly in+possession of a controlled substance that is sufficient for+a felony violation of section 579.015.+ 2. Subdivisions (1), (8), and (10) of subsection 1 of+this section shall not apply to the persons described in+this subsection, regardless of whether such uses are+reasonably associated with or are necessary to the+fulfillment of such person's official duties except as+otherwise provided in this subsection. Subdivisions (3),+(4), (6), (7), and (9) of subsection 1 of this section shall+not apply to or affect any of the following persons, when+such uses are reasonably associated with or are necessary to++ 3+the fulfillment of such person's official duties, except as+otherwise provided in this subsection:+ (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 and 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 12 of this+section, and who carry the identification defined in+subsection 13 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, regardless of+whether such officers are on duty, or within the law+enforcement agency's jurisdiction;++ 4+ (7) Any state probation or parole officer, including+supervisors and members of the parole board;+ (8) Any corporate security advisor meeting the+definition and fulfilling the requirements of the+regulations established by the department of public safety+under section 590.750;+ (9) Any coroner, deputy coroner, medical examiner, or+assistant medical examiner;+ (10) Any municipal or county prosecuting attorney or+assistant prosecuting attorney; circuit attorney or+assistant circuit attorney; municipal, associate, or circuit+judge; the attorney general or staff of the attorney+general; or any person appointed by a court to be a special+prosecutor who has completed the firearms safety training+course required under subsection 2 of section 571.111;+ (11) Any member of a fire department or fire+protection district who is employed on a full-time basis as+a fire investigator and who has a valid concealed carry+endorsement issued prior to August 28, 2013, or a valid+concealed carry permit under section 571.111 when such uses+are reasonably associated with or are necessary to the+fulfillment of such person's official duties; and+ (12) Upon the written approval of the governing body+of a fire department or fire protection district, any paid+fire department or fire protection district member who is+employed on a full-time basis and who has a valid concealed+carry endorsement issued prior to August 28, 2013, or a+valid concealed carry permit, when such uses are reasonably+associated with or are necessary to the fulfillment of such+person's official duties.+ 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++ 5+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 nineteen years of age or older or eighteen years of+age or older and a member of the United States Armed Forces,+or honorably discharged from the United States Armed Forces,+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 or club 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 permit issued pursuant to sections 571.101+to 571.121, a valid concealed carry endorsement issued+before August 28, 2013, 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.+ 6. Notwithstanding any provision of this section to+the contrary, the state shall not prohibit any state++ 6+employee from having a firearm in the employee's vehicle on+the state's property provided that the vehicle is locked and+the firearm is not visible. This subsection shall only+apply to the state as an employer when the state employee's+vehicle is on property owned or leased by the state and the+state employee is conducting activities within the scope of+his or her employment. For the purposes of this subsection,+"state employee" means an employee of the executive,+legislative, or judicial branch of the government of the+state of Missouri.+ 7. (1) Subdivision (10) of subsection 1 of this+section shall not apply to a person who is a school officer+commissioned by the district school board under section+162.215 or who is a school protection officer, as described+under section 160.665.+ (2) 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 or club-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.+ 8. A person who commits the crime of unlawful use of+weapons under:+ (1) Subdivision (2), (3), (4), or (11) of subsection 1+of this section shall be guilty of a class E felony;+ (2) Subdivision (1), (6), (7), or (8) of subsection 1+of this section shall be guilty of a class B misdemeanor,+except when a concealed weapon is carried onto any private+property whose owner has posted the premises as being off-+limits to concealed firearms by means of one or more signs++ 7+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, in which case the+penalties of subsection 2 of section 571.107 shall apply;+ (3) Subdivision (5) or (10) of subsection 1 of this+section shall be guilty of a class A misdemeanor if the+firearm is unloaded and a class E felony if the firearm is+loaded;+ (4) Subdivision (9) of subsection 1 of this section+shall be guilty of 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.+ 9. 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, 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, 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.+ 10. Any person knowingly aiding or abetting any other+person in the violation of subdivision (9) of subsection 1++ 8+of this section shall be subject to the same penalty as that+prescribed by this section for violations by other persons.+ 11. Notwithstanding any other provision of law, no+person who pleads guilty to or is found guilty of a felony+violation of subsection 1 of this section shall receive a+suspended imposition of sentence if such person has+previously received a suspended imposition of sentence for+any other firearms- or weapons-related felony offense.+ 12. 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.++ 9+ 13. 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.
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