Search terms: ISYSLANG IT |
IN THE HOUSE OF REPRESENTATIVES
BY STATE AFFAIRS COMMITTEE
1
AN ACT
2
3
5
6
amended to read as follows:
7
18-3302. CONCEALED WEAPONS. (1) The legislature hereby finds that the
8
9
while granting the legislature the authority to regulate the carrying of
10
weapons concealed. The provisions of this chapter regulating the carrying
11
of weapons must be strictly construed so as to give maximum scope to the
12
rights retained by the people.
13
(2) As used in this chapter:
14
(a) "Concealed weapon" means any deadly weapon carried on or about the
15
person in a manner not discernible by ordinary observation;
16
(b) "Deadly weapon" means:
17
(i) Any dirk, dirk knife, bowie knife, dagger or firearm;
18
(ii) Any other weapon, device, instrument, material or substance
19
that is designed and manufactured to be readily capable of causing
20
death or serious bodily injury; or
21
(iii) Any other weapon, device, instrument, material or substance
22
that is intended by the person to be readily capable of causing
23
death or serious bodily injury.
24
(c) The term "deadly weapon" does not include:
25
(i) Any knife, cleaver or other instrument that is intended by the
26
person to be used in the processing, preparation or eating of food;
27
(ii) Any knife with a blade six (6) inches or less; or
28
(iii) Any taser, stun-gun, pepper spray or mace;
29
(d) "Firearm" means any weapon that will, is designed to, or may readily
30
be converted to expel a projectile by the action of an explosive;
31
(e) "Loaded" means:
32
(i) For a firearm capable of using fixed ammunition, that live
33
ammunition is present in:
34
1. The chamber or chambers of the firearm;
35
2. Any internal magazine of the firearm; or
36
3. A detachable magazine inserted in the firearm;
37
(ii) For a firearm that is not capable of using fixed ammunition,
38
that the firearm contains:
39
1. A propellant charge; and
40
2. A priming cap or primer cap.
41
(3) No person shall carry concealed weapons on or about his person with-
42
out a license to carry concealed weapons, except:
2
1
(a) In the person's place of abode or fixed place of business;
2
(b) On property in which the person has any ownership or leasehold in-
3
terest;
4
(c) On private property where the person has permission to carry con-
5
cealed weapons from any person with an ownership or leasehold interest;
6
(d) Outside the limits of or confines of any city, if the person is eigh-
7
teen (18) years of age or older and is not otherwise disqualified from
8
being issued a license under subsection (11) of this section.
9
(4) Subsection (3) of this section shall not apply to restrict or pro-
10
hibit the carrying or possession of:
11
(a) Any deadly weapon located in plain view;
12
(b) Any lawfully possessed shotgun or rifle;
13
(c) Any deadly weapon concealed in a motor vehicle;
14
(d) A firearm that is not loaded and is secured in a case;
15
(e) A firearm that is disassembled or permanently altered such that it
16
is not readily operable; and
17
(f) Any deadly weapon concealed by a person who is:
18
(i) Over eighteen (18) years of age;
19
20
21
(iii) Is not disqualified from being issued a license under para-
22
graphs (b) through (n) of subsection (11) of this section. (a)
23
(5) The requirement to secure a license to carry concealed weapons un-
24
der this section shall not apply to the following persons:
25
26
27
28
guard when in performance of official duties;
29
(d) Criminal investigators of the attorney general's office and crim-
30
inal investigators of a prosecuting attorney's office, prosecutors and
31
their deputies;
32
33
good standing;
34
(f) Retired peace officers or detention deputies with at least ten (10)
35
years of service with the state or a political subdivision as a peace of-
36
ficer or detention deputy and who have been certified by the peace offi-
37
cer standards and training council;
38
(g) Any person who has physical possession of his valid license or per-
39
mit authorizing him to carry concealed weapons from another state; and
40
(h) Any person who has physical possession of a valid license or permit
41
42
rizing him to carry concealed weapons.
43
44
applicant has obtained a protection order pursuant to chapter 63, title 39,
45
46
ing may issue a temporary emergency license for good cause pending review of
47
an application made under subsection (7) of this section. Temporary emer-
48
gency licenses must be easily distinguishable from regular licenses. A tem-
49
porary emergency license shall be valid for not more than ninety (90) days.
3
1
2
within ninety (90) days after the filing of a license application by any per-
3
son who is not disqualified as provided herein from possessing or receiving
4
a firearm under state or federal law, issue a license to the person to carry
5
concealed weapons on his person within this state. Such license shall be
6
valid for five (5) years from the date of issuance.
7
8
9
10
11
meet the following requirements:
12
(a) The license application shall require the applicant's name, ad-
13
dress, description, signature, date of birth, place of birth, military
14
status, citizenship and the driver's license number or state identi-
15
fication card number if used for identification in applying for the
16
17
18
require any alien or admission number issued to the applicant by United
19
States immigration and customs enforcement or any successor agency;
20
(b) The license application may ask the applicant to disclose his
21
social security number but must indicate that disclosure of the appli-
22
cant's social security number is optional; and
23
(c) The license application must contain a warning that substantially
24
reads as follows:
25
CAUTION: Federal law and state law on the possession of weapons and
26
firearms differ. If you are prohibited by federal law from possess-
27
ing a weapon or a firearm, you may be prosecuted in federal court. A
28
state permit is not a defense to a federal prosecution.
29
30
with a firearm and must accept any one (1) of the following as evidence of the
31
applicant's familiarity with a firearm:
32
(a) Completion of any hunter education or hunter safety course approved
33
by the department of fish and game or a similar agency of another state;
34
(b) Completion of any national rifle association firearms safety or
35
training course or any national rifle association hunter education
36
course or any equivalent course;
37
(c) Completion of any firearms safety or training course or class
38
available to the general public offered by a law enforcement agency,
39
community college, college, university or private or public institu-
40
tion or organization or firearms training school, utilizing instruc-
41
42
police;
43
(d) Completion of any law enforcement firearms safety or training
44
course or class offered for security guards, investigators, special
45
deputies, or offered for any division or subdivision of a law enforce-
46
ment agency or security enforcement agency;
47
(e) Evidence of equivalent experience with a firearm through partici-
48
pation in organized shooting competition or military service;
4
1
(f) A current license to carry concealed weapons pursuant to this sec-
2
tion, unless the license has been revoked for cause;
3
(g) Completion of any firearms training or safety course or class con-
4
ducted by a state-certified or national rifle association-certified
5
firearms instructor; or
6
7
(10) Any person applying for original issuance of a license to carry
8
concealed weapons must submit his fingerprints with the completed license
9
application. Within five (5) days after the filing of an application, the
10
11
12
national fingerprint-based records check, an inquiry through the national
13
instant criminal background check system and a check of any applicable state
14
database, including a check for any mental health records for conditions or
15
commitments that would disqualify a person from possessing a firearm under
16
17
18
19
20
a license before receiving the results of the records check and must deny a
21
license if the applicant is disqualified under any of the criteria listed
22
23
concealed weapons to an alien if background information is not attainable or
24
verifiable.
25
(11) A license to carry concealed weapons shall not be issued to any per-
26
son who:
27
(a) Is under twenty-one (21) years of age, except as otherwise provided
28
in this section;
29
(b) Is formally charged with a crime punishable by imprisonment for a
30
term exceeding one (1) year;
31
(c) Has been adjudicated guilty in any court of a crime punishable by
32
imprisonment for a term exceeding one (1) year;
33
(d) Is a fugitive from justice;
34
(e) Is an unlawful user of marijuana or any depressant, stimulant or
35
narcotic drug, or any controlled substance as defined in 21 U.S.C. 802;
36
(f) Is currently suffering from or has been adjudicated as having suf-
37
fered from any of the following conditions, based on substantial evi-
38
dence:
39
40
Code;
41
42
43
or
44
(iv) An incapacitated person as defined in section 15-5-101,
45
46
(g) Has been discharged from the armed forces under dishonorable condi-
47
tions;
48
(h) Has received a withheld judgment or suspended sentence for a crime
49
punishable by imprisonment for a term exceeding one (1) year, unless the
50
person has successfully completed probation;
5
1
(i) Has received a period of probation after having been adjudicated
2
guilty of, or received a withheld judgment for, a misdemeanor offense
3
that has as an element the intentional use, attempted use or threatened
4
use of physical force against the person or property of another, unless
5
the person has successfully completed probation;
6
7
8
nounced his or her citizenship;
9
(l) Is free on bond or personal recognizance pending trial, appeal or
10
sentencing for a crime that would disqualify him from obtaining a con-
11
cealed weapons license;
12
(m) Is subject to a protection order issued under chapter 63, title
13
14
threatening an intimate partner of the person or child of the intimate
15
partner or person, or engaging in other conduct that would place an
16
intimate partner in reasonable fear of bodily injury to the partner or
17
child; or
18
(n) Is for any other reason ineligible to own, possess or receive a
19
20
(12) In making a determination in relation to an applicant's eligibil-
21
22
(a) A conviction, guilty plea or adjudication that has been nullified
23
by expungement, pardon, setting aside or other comparable procedure by
24
the jurisdiction where the conviction, guilty plea or adjudication oc-
25
curred or in respect of which conviction, guilty plea or adjudication
26
the applicant's civil right to bear arms either specifically or in com-
27
bination with other civil rights has been restored under operation of
28
law or legal process; or
29
(b) Except as provided for in subsection (11)(f) of this section, an
30
adjudication of mental defect, incapacity or illness or an involuntary
31
commitment to a mental institution if the applicant's civil right to
32
bear arms has been restored under operation of law or legal process.
33
(13) A license to carry concealed weapons must be in a form substan-
34
35
following specifications:
36
(a) The license must provide the licensee's name, address, date of
37
birth and the driver's license number or state identification card num-
38
ber if used for identification in applying for the license;
39
(b) The license must bear the licensee's signature and picture; and
40
(c) The license must provide the date of issuance and the date on which
41
the license expires.
42
(14) Upon issuing a license under the provisions of this section, the
43
44
45
lating to an applicant or licensee received or maintained pursuant to this
46
47
48
(15) The fee for original issuance of a license shall be twenty dollars
49
50
6
1
additional fees necessary to cover the cost of processing fingerprints law-
2
fully required by any state or federal agency or department, and the actual
3
cost of materials for the license lawfully required by any state agency or
4
5
the applicant with a copy of the results of the fingerprint-based records
6
check upon request of the applicant.
7
(16) The fee for renewal of the license shall be fifteen dollars
8
9
10
additional fees necessary to cover the processing costs lawfully required by
11
any state or federal agency or department, and the actual cost of materials
12
for the license lawfully required by any state agency or department, which
13
costs must be paid to the state.
14
(17) Every license that is not, as provided by law, suspended, revoked
15
or disqualified in this state shall be renewable at any time during the
16
ninety (90) day period before its expiration or within ninety (90) days after
17
18
19
20
21
22
23
24
check and must deny a license if the applicant is disqualified under any of
25
the criteria provided in this section. A renewal license shall be valid for
26
a period of five (5) years. A license so renewed shall take effect on the ex-
27
piration date of the prior license. A licensee renewing ninety-one (91) days
28
to one hundred eighty (180) days after the expiration date of the license
29
must pay a late renewal penalty of ten dollars ($10.00) in addition to the
30
31
32
period shall not be required to pay a late renewal penalty upon renewing
33
ninety-one (91) days to one hundred eighty (180) days after the expiration
34
date of the license. After one hundred eighty-one (181) days, the licensee
35
must submit an initial application for a license and pay the fees prescribed
36
in subsection (15) of this section. The renewal fee and any penalty shall
37
38
chapter. Upon renewing a license under the provisions of this section, the
39
40
41
42
43
or political subdivision ask the applicant to voluntarily submit any infor-
44
mation not required in this section. A civil action may be brought to enjoin
45
a wrongful refusal to issue a license or a wrongful modification of the re-
46
47
48
tioner. Any person who prevails against a public agency in any action in the
49
courts for a violation of this section must be awarded costs, including rea-
50
sonable attorney's fees incurred in connection with the legal action.
7
1
2
license to carry a concealed weapon under this section shall not incur any
3
civil or criminal liability as the result of the performance of his duties in
4
compliance with this section.
5
6
cealed weapon to those individuals between the ages of eighteen (18) and
7
twenty-one (21) years who, except for the age requirement contained in sec-
8
9
10
to individuals between the ages of eighteen (18) and twenty-one (21) years
11
under this subsection shall be easily distinguishable from licenses issued
12
pursuant to subsection (7) of this section. A license issued pursuant to
13
this subsection after July 1, 2016, shall expire on the twenty-first birth-
14
day of the licensee. A licensee, upon attaining the age of twenty-one (21)
15
years, shall be allowed to renew the license under the procedure contained in
16
17
18
(21) A person carrying a concealed weapon in violation of the provisions
19
of this section shall be guilty of a misdemeanor.
20
21
22
license subsequent to a hearing in accordance with the provisions of chapter
23
24
(a) Fraud or intentional misrepresentation in the obtaining of a li-
25
cense;
26
(b) Misuse of a license, including lending or giving a license to an-
27
other person, duplicating a license or using a license with the intent
28
to unlawfully cause harm to a person or property;
29
(c) The doing of an act or existence of a condition that would have been
30
31
(d) The violation of any of the terms of this section; or
32
(e) The applicant is adjudicated guilty of or receives a withheld judg-
33
ment for a crime that would have disqualified him from initially receiv-
34
ing a license.
35
(23) A person twenty-one (21) years of age or older who presents a valid
36
license to carry concealed weapons is exempt from any requirement to undergo
37
a records check at the time of purchase or transfer of a firearm from a feder-
38
ally licensed firearms dealer. Provided however, a temporary emergency li-
39
cense issued pursuant to subsection (6) of this section shall not exempt the
40
holder of the license from any records check requirement.
41
(24) The attorney general must contact the appropriate officials in
42
other states for the purpose of establishing, to the extent possible, recog-
43
nition and reciprocity of the license to carry concealed weapons by other
44
45
must keep a copy and maintain a record of all such agreements and reciprocity
46
recognitions, which must be made available to the public.
47
(25) Nothing in subsection (3) or (4) of this section shall be construed
48
to limit the existing rights of a private property owner, private tenant,
49
private employer or private business entity.
8
1
(26) The provisions of this section are hereby declared to be severable
2
and if any provision of this section or the application of such provision to
3
any person or circumstance is declared invalid for any reason, such declara-
4
tion shall not affect the validity of remaining portions of this section.