CCW Instruction on

CCW Instructionon Handgun Safety &

CCW Instruction Welcome & Introductions Instructor : Mike Smith – Dan Lawler Jim Watson Host: Henderson Lodge CCW Amenities: Refreshments – Exits –Restrooms Cell Phones

Course Goal To Provide beginning shooters with basic knowledge to safely store, handle and shoot revolvers and semi-automatic pistols. To ensure both beginning and experienced shooters understand the Missouri Statutes pertaining to CCP responsibilities and gun safety.

Course Objectives • Handgun safety in the classroom, at home, on the firing range and while carrying the firearm; • A physical demonstration performed by the applicant that demonstrates his or her ability to safely load and unload a revolver and a semiautomatic pistol and demonstrates his or her marksmanship; • Basic Principles Of Marksmanship • Care & Cleaning Of Firearms

Course Objectives • Safe Storage Of Firearms in Safes At Home • Requirements For Obtaining A Certificate Of Qualification For A Concealed Carry Permit From The Sheriff • The Laws Relating To Firearms As Prescribed In Missouri Revised Stature Chap. 571 • The Laws Relating To The Justifiable Use Of Force As Prescribed In Chap. 563

Course Objectives • A live firing exercise of sufficient duration for each applicant to fire either a revolver or a semiautomatic pistol, from a standing position or its equivalent, a minimum of 20 rounds at a distance of seven yards from a B-27 silhouette target; • A live fire test administered to the applicant while the instructor was present of 20 rounds from a standing position or its equivalent at a distance of seven yards from a B-27 silhouette target.

Missouri Revised Statutes Chapter 571 Weapons Offenses & Chapter 563 Defense of Justification

Section 571.101CCW Application requirements All applicants for concealed carry permit issued must satisfy these requirements. SubSection 1– Where and How Long Valid 1) If the said applicant can show qualification as provided, the sheriff shall issue a certificate of qualification for a CCP. Upon receipt, the certificate holder shall apply for a Permit. Any person who has been issued a CCW Permit and such Permit has not been suspended, revoked, canceled, or denied, may carry concealed firearms on or about his or her person or within a vehicle. CCP shall be valid for five years from the last day of the month in which the permit was issued or renewed. The CCP is valid throughout this state.

Section 571.101CCW Application requirements 1) (continued..) Althought the permit is considered valid in the state, a person who fails to renew his or her permit within five years from the date of issuance or renewal, shall NOT be eligible for an exception to a National Instant Criminal Background Check under the federal regualtions currently codified under 27-CFR 478 102(d), relating to the transfer, sale, or delivery of firearms from licensed dealers.

Section 571.101CCW Application requirements SubSection 2 – Application Requirements 2) A certificate of qualification for a CCP shall be issued by the sheriff or his or her designe of the county or city in which the applicant resides, if the applicant: (1) Is at least nineteen years of age, a citizen of the United States and either: a) A resident of this state; or b) A member or spouse of the Military stationed in Missouri; (2) If you are Active Duty Military or Honorably Discharged from the Military, you are only required to be over 18, and either: (a) Has assumed residency in this state; (b) Is a member of the Armed Forces stationed in Missouri; or (c) The spouse of such member of the military stationed in Missouri and nineteen years of age;

Section 571.101CCW Application requirements SubSection 2 – Application Requirements – (continued..) (3) Is not a Felon Has not plead guilty or plead “No Contest” or been convicted of a crime punishable by imprisonment for a term exceeding one year under the laws of any state or other than a crime classified as a misdemeanor under the laws of any state and punishable by a term of inprisonment of two years or less that does not involve an explosive weapon, firearm, firemam silencer or gas gun; Nor pled guilty or “No Contest” to offenses involving crimes of violence within a previous five-year period; Nor been convicted of two or more misdemeanor offenses involving DUI within a previous five-year period; Nor convicted of possession or abuse of a controlled substance within the previous five-year period;

Section 571.101CCP Application requirements (4) Is not a fugitive from justice or currently charged with a crime punishable by imprisonment for a term exceeding one year under the laws of any state of the U.S. (5) Has not been discharged under dishonorable conditions from the US armed forces; (6) Has not engaged in a pattern of documented behavior, that causes the sheriff to have a reasonable belief that you present a danger to yourself or others; (7) Is not adjudged mentally incompetent now or for five years prior to this application, or has not been committed to a mental health facility, here or in another state; (8) Submits a completed application for a permit as prescribed in subsection (3) of this section.

Section 571.101CCP Application requirements (9) Submits an affidavit attesting that the applicant complies with the concealed carry safety training requirement pursuant to subsections 1 and 2 of section 571.111 (10) Is not the respondent of a valid full order of protection, which is still in effect. (11) Is not otherwise prohibited from possessing a firearm under section 571.070 (Possing a weapon for unlawful use.)

Section 571.104Suspension or revocation of permits, when--renewal procedures--change of name or residence notification requirements 1 (1) A CCP shall be suspended or revoked if the CCP holder becomes ineligible for such CCP under subdivisions (3 - 5), (8) and (11), subsection 2 of Application Requirements or upon the issuance of a valid full order of protection (Restraining Order). 1 (2) When a valid full order of protection, or any arrest warrant, discharge, or commitment, is issued against a person holding a CCP, upon notification of said order, warrant, discharge or commitment or upon an order of a court of competent jurisdiction in a criminal proceeding, a commitment proceeding or a full order of protection ruling that a person holding a CCP presents a risk of harm to themselves or others, then upon notification of such order, the holder of the CCP shall surrender the permit to the court, to the officer, or other official serving the order, warrant, discharge, or commitment.

Section 571.104Suspension or revocation of permits, when--renewal procedures--change of name or residence notification requirements 1 (3) The official to whom the permit is surrendered shall issue a receipt to the permit holder for the permit, a form, approved by the Sheriff that clearly states the CCP has been suspended. The official shall then transmit the form containing the permit to the circuit court of the county issuing the order, warrant, discharge, or commitment. The CCP shall be suspended until the order is terminated or until the arrest results in a dismissal of all charges. Upon dismissal, the court holding the permit shall return it to the individual. 1 (4) Any conviction, discharge, or commitment shall result in a revocation. Upon conviction, the court shall forward a notice of conviction or action and the permit to the Sheriff. The sheriff of the county, which issued the permit shall report the change in status of the CCP to the Missouri uniform law enforcement system. The notice issued by the sheriff shall be mailed to the last known address. The notice is deemed received 3 days after mailing.

Section 571.104Suspension or revocation of permits, when--renewal procedures--change of name or residence notification requirements 2. A CCP shall be renewed for a qualified applicant upon receipt of the properly completed renewal application and the required renewal fee by the sheriff of the county of your residence. The renewal application shall contain the same required information as set forth in the original requirements, except that in lieu of the fingerprint requirement and the firearms safety training, the applicant need only display his or her current CCP. Upon successful completion of all renewal requirements, the sheriff shall issue a permit, which contains the date such permit, was renewed.

Section 571.104Suspension or revocation of permits, when--renewal procedures--change of name or residence notification requirements 3. A person who has been issued a certificate of qualification for a CCP who fails to file a renewal on or before its expiration date must pay an additional late fee of $10 per month for each month it is expired.... for up to six months. ( No sooner than 30 days early. ) After six months, the sheriff shall immediately cancel the CCP and notify the individual of such cancellation. The notice of cancellation of the permit shall be conducted in the same manner as described in subsection 1 of this section.

Section 571.104Suspension or revocation of permits, when--renewal procedures--change of name or residence notification requirements 3. (Continued...) Any person who has been issued a certificate of qualification for a CCP, who fails to renew his or her application within the six-month period must reapply for a new certificate of qualification for a CCP and pay the fee for a new application. The sheriff shall not issue a permit unless the applicant for such permit provides evidence that he or she has renewed the certification of qualification for a CCP in the manner provided for such renewal. If an applicant for renewal does not want to maintain the CCP, the applicant shall inform the sheriff at the time of permit renewal of his or her desire to cancel the CCP.

Section 571.104Suspension or revocation of permits, when--renewal procedures--change of name or residence notification requirements 4. Any person issued a CCP, shall notify the sheriffs of both the old and new jurisdictions of the permit holder's change of residence …. within 30 days after the changing of a permanent residence. The permit holder shall notify the sheriff in the new jurisdiction that the permit holder has changed his or her residence. The sheriff of the new jurisdiction may charge a processing fee of not more than $10 for any costs associated with notification of a change in residence. The change of residence shall be accessible by the Missouri uniform law enforcement system within 3 days of receipt of the information.

Section 571.104Suspension or revocation, renewal procedures - name or address change, requirements 5. Any person issued a permit, shall notify the sheriff or his or her designe of the permit holder's county or city of residence within 7 days after actual knowledge of the loss or destruction of his or her permit. The permit holder shall furnish a statement to the sheriff that the permit has been lost or destroyed. After notification of the loss or destruction of a permit, the sheriff shall reissue a new permit within 3 working days of being notified by the CCP holder of its loss or destruction. The reissued certificate of qualification shall contain the same personal information, including expiration date, as the original certificate of qualification.

Section 571.104Suspension or revocation of permits, when--renewal procedures--change of name or residence notification requirements 6. If a person issued a CCP, changes his or her name, the person to whom the permit was issued shall obtain a corrected certificate of qualification for a CCP, with a change of name from the sheriff who issued such certificate, upon the sheriff's verification of the name change. The sheriff may charge a processing fee of not more than $10 for any costs associated with obtaining a corrected certificate of qualification. The permit holder shall furnish proof of the name change to the sheriff within 30 days of changing his or her name and display his or her current permit. The sheriff shall issue a new permit with the permit holder's new name if the applicant is otherwise eligible for such permit.

Section 571.104Suspension or revocation of permits, when--renewal procedures--change of name or residence notification requirements 6. (Contnued,...) The sheriff shall take custody of the old permit. The new name shall be accessible by the Missouri uniform law enforcement system within 3 days of receipt of the information. 7. A CCP shall be automatically invalid after 30 days if the permit holder has changed his or her name or changed his or her residence and NOT notified the sheriff of a change of name or residence as required in subsections 4 and 6 of this section.

Section 571.107Locations CCP does not authorize concealed firearms. Brandishing Exhibits, in the presence of one or more persons, any weapon readily capable of lethal use in an angry or threatening manner ***************************** Sub Section 1 A CCP issued in Missouri, or a CCW or permit issued by another state or political subdivision of another state, shall authorize the person in whose name the permit or endorsement is issued, to carry concealed firearms on or about his or her person, or vehicle throughout the state of Missouri. No concealed carry permit issued pursuant to sections 571.101 to 571.121, driver's license containing a CCW, or a CCW or permit issued by another state or political subdivision of another state, shall authorize any person to carry concealed firearms into:

Section 571.107Locations CCP does not authorize concealed firearms. • (1) Any police, sheriff, or highway patrol office or station; • (2) Within twenty-five (25) feet of any polling place on election day; • (3) The facillity of any adult or juvenile detention or correctional institution, prision, or jail;

Section 571.107Locations CCP does not authorize concealed firearms. • (4) Any courthouse solely occupied by the circuit, appellate or Supreme Court, or any courtrooms, administrative offices, libraries or other rooms of any such court whether or not such court solely occupies the building in question. This subdivision shall also include, but not be limited to, any juvenile, family, drug, or other court offices, any room or office wherein any of the courts or offices listed in this subdivision are temporarily conducting any business (circuit courts) within the jurisdiction of such courts or offices, and such other locations in such manner as may be specified by supreme court rule. Judges, Bailiffs and Prosecuting Attorneys are excepted;

Section 571.107Locations CCP does not authorize concealed firearms. • (5) Any meeting of the governing body of a unit of local government; or any meeting of the general assembly or a committee of the general assembly, except that nothing in this subdivision shall preclude a member of the body holding a valid concealed carry permit from carrying a concealed firearm at a meeting of the body which he or she is a member; • (6) The general assembly, supreme court, county or municipality may by rule, administrative regulation, or ordinance prohibit or limit the carrying of concealed firearms by endorsement holders in that portion of a building owned, leased or controlled by that unit of government; Any portion of a building in which the carrying of concealed firearms is prohibited or limited shall be clearly identified by signs posted at the entrance to the restricted area;

Section 571.107Locations CCP does not authorize concealed firearms. (6) (Continued...) The statute, rule or ordinance shall exempt any building used for public housing by private persons, highways or rest areas, firing ranges, and private dwellings owned, leased, or controlled by that unit of government from any restriction on the carrying or possession of a firearm. The statute, rule or ordinance shall not specify any criminal penalty for its violation but may specify that persons violating the statute, rule or ordinance may be denied entrance to the building, ordered to leave the building and if employees of the unit of government, be subjected to disciplinary measures for violation of the provisions of the statute, rule or ordinance. The provisions of this subdivision shall not apply to any other unit of government;

Section 571.107Locations CCP does not authorize concealed firearms. (7) Any establishment licensed to dispense intoxicating liquor for consumption on the premises, which portion is primarily devoted to that purpose, without the consent of the owner or manager. The provisions of this subdivision shall not apply to the licensee of said establishment. The provisions of this subdivision shall not apply to any bona fide restaurant open to the general public having dining facilities for not less than fifty persons and that receives at least fifty-one percent of its gross annual income from the dining facilities by the sale of food. Nothing in this subdivision authorizes any individual who has been issued a CCP to possess any firearm while intoxicated;

Section 571.107Locations CCP does not authorize concealed firearms. (8) Any area of an airport to which access is controlled by the inspection of persons and property; (9) Any place where the carrying of a firearm is prohibited by federal law; (10) Any higher education institution or elementary or secondary school facility without the consent of the governing body of the higher education institution or a school official or the district school board, unless the person with the permit is a teacher or administrator who has been designated by his or her school district as a school protection officer, and is carrying within that district, then no consent is required;

Section 571.107Locations CCP does not authorize concealed firearms. (11) Any portion of a building used as a childcare facility without the consent of the manager. Nothing in this subdivision shall prevent the operator of a child care facility in a family home from owning or possessing a firearm or a permit; (12) Any riverboat gambling operation accessible by the public without the consent of the owner or manager pursuant to rules promulgated by the gaming commission; (13) Any gated area of an amusement park;

Section 571.107Locations CCP does not authorize concealed firearms. (14) Any church or other place of religious worship without the consent of the minister or person or persons representing the religious organization that exercises control over the place of religious worship; (15) Any private property whose owner has posted the premises as being off- limits to concealed firearms by means of one or more signs 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;

Section 571.107Locations CCP does not authorize concealed firearms. (15) (Continued...) The owner, business or commercial lessee, manager of a private business enterprise, or any other organization, entity, or person may prohibit persons holding a concealed carry permit from carrying concealed firearms on the premises and may prohibit employees, not authorized by the employer, holding a concealed carry permit from carrying concealed firearms on the property of the employer. If the building or the premises are open to the public, the employer of the business enterprise shall post signs on or about the premises, if carrying a concealed firearm is prohibited;

Section 571.107Locations CCP does not authorize concealed firearms. (16) Any sports arena or stadium with a seating capacity of five thousand or more; (17) Any hospital accessible by the public. Sub Section 2 Carrying of a concealed firearm in a location specified in subdivisions (1 - 17) of Sub Section 1 of this section by any individual who holds a CCP, shall NOT be a criminal act but may subject the person to denial to the premises or removal from the premises.

Section 571.107Locations CCP does not authorize concealed firearms If such person refuses to leave the premises and a peace officer is summoned, such person may be issued a citation for an amount not to exceed $100 for the first offense. If a second citation for a similar violation occurs within a six-month period, such person shall be fined an amount not to exceed $200 and his or her permit to carry concealed firearms shall be suspended for a period of one year. If a third citation for a similar violation is issued within one year of the first citation, such person shall be fined an amount not to exceed $500 and shall have his or her CCP revoked and such person shall not be eligible for a CCP for a period of 3 years. Upon conviction of charges arising from a citation issued pursuant to this subsection, the court shall notify the sheriff of the county, which issued the certificate of qualification for a CCP. The sheriff shall suspend or revoke the permit. The notice is deemed received 3 days after mailing.

Section 571.111SubSection 2 – Class Requirements to obtain a CCP A certificate of firearms safety training course completion may be issued to any applicant by any qualified firearms safety instructor. On the certificate of course completion the qualified firearms safety instructor shall affirm that the individual receiving instruction has taken and passed a firearms safety course of at least eight hours in length taught by the instructor that includes: 1) Handgun safety in the classroom, at home, on the firing range and while carrying the firearm; (2) A physical demonstration performed by the applicant that demonstrated his or her ability to safely load and unload a revolver and a semiautomatic pistol and demonstrated his or her marksmanship with either; (3) The basic principles of marksmanship; (4) Care and cleaning of concealable firearms; (5) Safe storage of firearms at home;

Section 571.111SubSection 2 – Class Requirements to obtain a CCP (6) The requirements of this state for obtaining a CCP from the sheriff of the county of the students residence; (7) The laws relating to this chapter; (8) The laws relating to justifiable use of force as prescribed in chapter 563; (9) A live fire exercise of sufficient duration for each applicant to fire either a revolver or a semi-automatic pistol, from a standing position or it's equivalent, a minimum of 20 rounds at a distance of 7 yards from a B-27 silhouette or an equivalent target; (10) A live fire test administered to the applicant while the instructor was present of 20 rounds at a distance of 7 yards from a B-27 silhouette or an equivalent target;

Break Time10 Minutes Please

Section 571.111Firearms training requirements--penalty for violations. 3 A qualified firearms safety instructor shall not give a grade of passing to an applicant for a concealed carry permit who: (1) Does not follow the orders of the qualified firearms instructor or cognizant range officer; or (2) Handles a firearm in a manner that, in the judgment of the qualified firearm safety instructor, poses a danger to the applicant or to others; or (3) During the live fire testing portion of the course fails to hit the silhouette portion of the targets with at least fifteen rounds.

Section 571.114Denial of application, appeal procedures. 1. In any case when the sheriff refuses to issue a permit or to act on an application for such permit, the denied applicant shall have the right to appeal the denial within thirty days of receiving written notice of the denial. Such appeals shall be heard in small claims court. 2. A denial of or refusal to act on an application for a permit may be appealed by filing with the clerk of the small claims court a copy of the sheriff's written refusal and a form substantially similar to the appeal form provided in this section. Appeal forms shall be provided by the clerk of the small claims court free of charge to any person.

Section 571.121Duty to carry and display CCP, penalty. (1) Any person issued a concealed carry permit shall carry the concealed carry permit at all times the person is carrying a concealed firearm and shall display the concealed carry permit upon the request of any peace officer. Failure to comply with this subsection shall not be a criminal offense but the concealed carry permitt holder may be issued a citation for an amount not to exceed thirty-five dollars.

Courtesy to OfficersTraffic stops - Respect the Badge • After you have stopped your vehicle, remain inside and wait for the officer to approach you. Any sudden movement of the door or people in the car can make an officer uneasy, so tell passengers to also remain seated and roll the window down. Place both hands on the steering wheel. Once the officer has reached the driver's window, be prepared to show driver's license, proof of insurance card, and the car's registration. • If you must reach into a glove compartment or console panel to get these documents, tell the officer what you are doing. Otherwise, keep your hands placed on the steering wheel.

Courtesy to OfficersTraffic stops - Respect the Badge • During a traffic stop, a police officer may ask you some questions. One common question is "Do you know why I pulled you over?" Your answer could be interpreted as an acknowledgement of guilt in a later court proceeding, so do not volunteer incriminating information during the traffic stop and keep all answers simple. • It is important to remain honest, if the officer asks if you have a gun, answer honestly. If he asks where the gun is, answer honestly. If he asks to see your gun, ask for his probable cause or warrent.

Courtesy to OfficersTraffic stops - Respect the Badge • Keep in mind that, in many places, a police officer can always add charges to a ticket, so remain calm while receiving the citation. If you become overly emotional or insult or threaten the officer in any way, you may be charged or arrested. Many police vehicles include cameras that record traffic stops, so bad behavior could be documented on video for use against you in court, but they can also be used for you if you acted correctly.

Courtesy to OfficersTraffic stops - Respect the Badge • An officer typically does not have the right to search your vehicle unless you consent to it or there is something visible that creates "probable cause" for a search. Refusing a search, however, is a punishable act in some jurisdictions, so be careful about anything that might be considered obstruction of police duties. You are usually within your rights to ask to see the officer's badge and bond or business card. This is especially important if you feel the stop is unwarranted or you are suspicious about the officer's legitimacy. • In most cases, it is best to remain calm and polite, and follow the officer's instructions. Respect the badge and if there is an incident, get the officers badge number and his name.

Section 563.011Chapter Definitions As used in this chapter the following terms shall mean: (1) "Deadly force", physical force which the actor uses with the purpose of causing or which he or she knows to create a substantial risk of causing death or serious physical injury; (2) "Dwelling", any building, inhabitable structure, or conveyance of any kind, whether the building, inhabitable structure, or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night; (3) "Forcible felony", any felony involving the use or threat of physical force or violence against any individual, including but not limited to murder, robbery, burglary, arson, kidnapping, assault, and any forcible sexual offense; (4) "Premises", includes any building, inhabitable structure and any real property; (5) "Private person", any person other than a law enforcement officer;

Section 563.011Chapter Definitions (6) "Private property", any real property in this state that is privately owned or leased; (7) "Remain after unlawfully entering", to remain in or upon premises after unlawfully entering as defined in this section; (8) "Residence", a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest; (9) "Unlawfully enter", a person unlawfully enters in or upon premises or private property when he or she enters such premises or private property and is not licensed or privileged to do so. A person who, regardless of his or her purpose, enters in or upon private property or premises that are at the time open to the public does so with license unless he or she defies a lawful order not to enter, personally communicated to him or her by the owner of such premises or by another authorized person. A license to enter in a building that is only partly open to the public is not a license to enter in that part of the building that is not open to the public.

Section 563.031Defense of Justification( Applies to everyone, not just CCP ) • Sub1) Subject to the provisions of the next subsection below, you may use force against another person, when and to the extent, you reasonably believe it is necessary to defend yourself, or someone else from what you believe to be imminent use of force against you or someone else. • Unless: • Item1) You were the initial aggressor. • Except when you were the initial aggressor and • a) That person has withdrawn & communicated this but then continues the threat. • OR when you were the initial aggressor and • b) You are a law enforcement officer and as such are the aggressor (Sec 563.046). • OR when you were the initial aggressor and • c) You are justified under some other provision of this chapter or other provision of law.

Section 563.031Defense of Justification • May Use force Unless • Item2) Under the circumstances you reasonably believe them to be, the person whom you seek to protect would NOT be justified in using protective force. • ( You cannot use force to protect the bad guy ) • May Use force Unless • Item3) You were attempting to commit, committing, or escaping after the commission of a forcible felony. • ( You can't use force to defend yourself if you are the bad guy. ) • *****

Section 563.031Defense of Justification • Sub2) A person may NOT use deadly force upon another person under the circumstances specified in subsection 1 of this section. • Unless: • Item1) You reasonably believe that such deadly force is necessary to protect yourself or an unborn child, or another person against death, serious physical injury, or a forcible felony. • OR • Item2) Such force is used against a person who unlawfully enters, remains after unlawful entry, or attempts to unlawfully enter a dwelling occupied by such person. • OR • Item3) Such force is used against a person who unlawfully enters, remains after unlawful entry, or attempts to enter private property that is owned or leased by a person claiming a justification of using protective force under this section.

Section 563.031Defense of Justification • Sub3)A person does NOT have a duty to retreat from a dwelling (Castle Doctrine) where the person is NOT unlawfully entering or unlawfully remaining. A person does NOT have a duty to retreat from private property that is owned or leased by this person. • Sub4)The justification afforded by this section extends to the use of physical restraint as protective force, provided that you take all reasonable measures to terminate the restraint as soon as it is reasonable to do so. • Sub5)The defendant (YOU) shall have the burden of injecting the issue of justification under this section. If you assert that your use of force is described under Item2 of Sub2 of this section (Unlawful entry or remaining). The burden shall then be on the state to prove beyond a reasonable doubt that you did not reasonably believe that the use of such force was necessary to defend against what you reasonably believed was the use of, or imminent use of unlawful force.

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