Law carries limitations on concealed weapons

JEFFERSON CITY, Mo. -- Signs declaring "No concealed weapons allowed on premises" could soon be as common at businesses and other public places as those telling patrons "No shirt, no shoes, no service."

For although a newly effective state law allows qualified Missourians to carry concealed weapons, it doesn't give them the blanket right to do so anywhere they choose.

Cape Girardeau School District superintendent Mark Bowles said warning signs stating guns are off-limits will soon be placed at entrances to school facilities, though he is worried about the image it will present to students.

"That will be an erosion of the sense of safety we have in our school buildings," Bowles said. "I'm concerned about the impact on our school climate."

Under the law, state residents at least 23 years of age who pass a firearms training course and pass a criminal background check are eligible to receive a conceal-carry permit through their local sheriff's department.

But permit holders will face numerous restrictions on where they may take hidden weapons.

Depending upon the place, one of three sets of rules apply:

Weapons are either banned outright under all circumstances;

Weapons are generally prohibited but may be allowed with official permission;

Weapons are presumed allowed unless the property owner posts rules to the contrary.

Weapons are absolutely banned in courthouses, airports, amusement parks, sports arenas with a minimum 5,000 seats, hospitals and prisons, jails and juvenile detention facilities.

The public is prohibited from carrying weapons into meetings of governmental bodies, such a city council or the legislature. However, members of those bodies who hold permits may bring weapons to meetings.

Firearms are outlawed in bars, but the restriction doesn't apply to establishments that seat 50 or fewer people and derive at least 51 percent of their gross income from food. Bar owners may legally carry weapons.

Weapons are also off-limits within 25 feet of a polling place on Election Day.

The general prohibition on concealed weapons applies to law enforcement offices, universities and elementary and secondary schools, day-care centers, casinos and churches. However, permit holders may carry in such places with the consent of the appropriate official.

Concealed firearms are presumed allowed in all other places, including government buildings where there is no specific prohibition in statute, and on private property, including businesses. But the law authorizes local governments to enact ordinances banning weapons in buildings under their control, and private property owners may post signs declaring their premises gun-free.

By administrative rule, Gov. Bob Holden last fall declared virtually all buildings owned or leased by the state off-limits to concealed guns. Many local governments have similar policies.

However, the law specifically states that mere possession of a hidden weapon in a prohibited place by a licensed person "shall not be a criminal act." If a permit holder is discovered with a hidden weapon where restrictions are in force, a citation only results if the person is asked to leave and refuses.

A first offense is punishable by a $100 fine. A second offense within six months carries a $200 fine and a one-year suspension of the violator's permit. A third offense within a year yields a $500 fine, with conceal-carry privileges revoked for three years.

Another section of the law allows anyone 21 years of age and older to conceal a weapon in a vehicle without a permit.

Even at locations where weapons are banned, it is perfectly legal to keep one stowed in a vehicle.

That provision notwithstanding, many school districts have a adopted a model policy drafted by the Missouri School Boards Association stating they don't want weapons anywhere on school property, including parking lots.

MSBA policy director Brent Gahn said "quite a large number" of Missouri's 524 public school systems have adopted the policy, though he was unsure of the exact figure. The Cape Girardeau district is planning to adopt the policy.

mpowers@semissourian.com

(573) 635-4608