Rep. Mike Kelley of Lamar,
District 127 - Republican
(serving the counties of Jasper, Barton, Dade and Cedar)
This week the Missouri House moved several pieces of legislation, but one of the more critical bills to move in my opinion was the Second Amendment Preservation Act. This is a bi-partisan bill very similar to the one that was passed out last session, but failed to receive enough votes after Missouri Governor Jay Nixon vetoed the legislation over some first amendment concerns. This year we have worked together to resolve the issues the governor had and I am pleased that this legislation that I co-sponsored and which contains language that I drafted was Third Read in the House and now heads to the Senate by a vote of 110-36.
Below is a summary of the Second Amendment Preservation Act and the changes it would bring to Missouri law.
This bill declares that:
- any laws that restrict or prohibit the manufacture, ownership, and use of firearms, firearm accessories and ammunition in Missouri only exceed the powers of the federal government and are only subjected to state law.
- any tax of firearms, firearm accessories or ammunition; or any registering of firearms, or firearm owners; or the prohibition of possession of firearms; or the confiscation of firearms shall be an infringement on the right to keep and bear arms.
- the power to regulate commerce with foreign nations is given to Congress and excludes their power to limit a citizenís right to keep and bear arms.
- declares that all federal laws that infringe a personís right to keep and bear arms that are outlined under the 2nd Amendment to be invalid in the state of Missouri.
- included in these null and void laws are any laws that impose a tax or fee or stamp on items mentioned previously, require registration or tracking of these items or their owners, prohibit the transfer, ownership, possession, or use of a firearm, or order the confiscation of a firearm.
- further ensures the upholding of these null and void laws by specifically stating that a public officer or state employee cannot enforce or attempt to enforce any firearms laws that have been deemed invalid.
- further insurance is granted through the provision that anyone who is found to be infringing on these 2nd amendment rights will be liable to the injured party for redress.
- Any federal official, agent, or employee who enforces or attempts to enforce any of these infringements will be guilty of a class A misdemeanor.
- Awards state law enforcement officerís discretionary power to interpose on behalf of law abiding citizens.
Regarding Open Carry Ordinances:
- A political subdivision cannot be construed to prohibit the use of a firearm in the defense of a person or property under the provisions of the defense of jurisdiction.
- The law repeals any ordinances prohibiting the open carry of a firearm in specified circumstances.
- If there is not any reasonable and articulable suspicion of criminal activity, a person carrying a concealed or unconcealed firearm cannot be disarmed or physically restrained by law enforcement unless they are under arrest.
School Protection Officers:
- This bill allows a school district to designate one or more school teachers and administrators as a school protection officer.
- Compensation for service as a protection officer is funded by the local school district.
- Requirements of a school protection officer include: authorization to carry concealed firearms arms in ANY school in the district; additionally, they cannot allow any firearm or device on school property unless it is under their control. Violation of this will result in immediate removal from the classroom and will be subject to employment termination proceedings.
- A school protection officer has the same authority to detain or use force against another person that given under the defense of justification.
- If detention on school property happens, the school protection officer is required to notify a school administrator and a school resource officer. If this applies to a student, the studentís parents must be notified.
- In order to become a school protection officer, one must submit a designation in writing to the school district superintendent, submit a valid concealed carry endorsement, and proof of successful completion of a school protection officer training program that is approved by the Department of Public Safety .
- The school district has 30 days to notify the department director of a designation or revoked designation of a school protection officer.
- The police commissioner will have the power to license school protection officers.
- The department director must keep a list of all school protection officers and this list must be available to law enforcement officers.
Patient Ownership of Firearms:
- Licensed health care professionals cannot ask a patient under law if they own a firearm, nor can they maintain documentation of firearm ownership, nor can they report a patient to a government entity solely based on whether or not the patient owns or has access to a gun.
- The law prohibits a health care professional from using an electronic medical record program that requires information about a patientís access to firearms.
Concealed Carry Permits:
- In order to receive a concealed carry permit, one must submit a copy of a certificate for firearms safety course, in addition to a physical demonstration of loading and unloading a revolver, or a semiautomatic pistol, a display of marksmanship, and demonstration of cleaning and care performed by the applicant.
- The law adds a special prosecutor to the list of people that can carry a concealed knife, firearm, blackjack or any other weapon readily capable of lethal use into a church, an election precinct on Election Day, any state or federal government building, school or school bus.
- It adds to the same list a corporate security adviser that meets the defined requirements established by department of public safety. The department of public safety holds the only authority to license corporate security advisers.
- It lowers the age that a person may apply for a concealed carry permit from 21 to 19 years old.
- It prohibits an illegal alien from owning a firearm.
- A CCW is valid for 5 years from the last day of the month in which the permit was issued or renewed.
- A service-disabled veteran can obtain a CCW for free.
- It repeals the provision of a sheriff or their designee to obtain a special concealed carry driverís license or non-driverís license from the Department of Revenue.
- When taking firearm safety instruction, the instructor is not permitted to have more than 40 students in the classroom portion.
Peace Officer Standards and Training Commission:
- The law requires the Peace Office Standards and Training Commission to establish minimum standards, and number of training hours and set the curriculum for school protection officer training programs.
- The provisions regarding the Second Amendment Preservation Act will become effective January 1, 2017 unless the Reviser of Statutes receives notification that at least four other states have enacted similar legislation into law.