By Christen L. Maly

A recent Missouri law was to take effect on Oct. 11, 2003, allowing individuals over age 23 to obtain a license to carry a concealed firearm. The new law would also permit individuals age 21 and over to conceal a legally owned gun in a vehicle without needing a permit.

The implementation of this law has been stayed, due to pending litigation challenging the constitutionality of the new statute. Attorneys who obtained the stay are seeking to have the State Supreme Court hear arguments no sooner than Feb. 9, 2004, while the State’s Attorney General is seeking a Dec. 3, 2003 date.

The Law establishes a procedure for obtaining an endorsement on a person’s driver’s license that entitles the person to carry a concealed firearm. Sheriffs will issue certificates of qualification to applicants who meet the requirements for obtaining the endorsement. The requirements include that the individual must be at least 23 years old, undergo training in the use of firearms, a background check and the payment of a fee.

Even with a concealed carry endorsement there are limitations on where concealed firearms may be carried. A concealed firearm is prohibited in: police stations (without the consent of the chief law enforcement officer); polling places on election day; correctional facilities; courthouses; airports; bars; schools (without the consent of school officials); child care facilities (without the consent of the facility manager); hospitals; certain stadiums; amusement parks; gambling facilities (without the consent of the manager); churches (without the consent of the minister); any place where the carrying of a firearm is prohibited by federal law; the meeting place of any elected officials (except for the elected officials themselves who have endorsements); or any privately owned property where the owner has posted that the premises are off-limits to concealed firearms. Violating these prohibitions is grounds for being denied access to or being removed from the premises.

Businesses that do not fall within one of the classifications where the statute prohibits the carrying of a concealed weapon must post their property to enforce a prohibition against third parties with concealed carry endorsements from carrying concealed weapon on their premises. The posting must be a minimum of 11 by 14 inches with the letters on the sign being at least one inch high. Although only one conspicuous posting is required, businesses should consider conspicuously posting the signs at all places of egress and ingress to all buildings and parking lots.

Additionally, employers are recommended to revise any weapons policies in place to address the new statute, or, if the employer has no such policies, to draft and implement a weapons policy that addresses individuals who have concealed carry endorsements. Without taking these steps a business may not be able to prevent individuals, including employees, from legally bringing their concealed firearms onto the business owner’s premises.

Although the law is not currently in effect, business owners should consider taking the necessary steps to protect their business and employees as part of an overall workplace violence prevention program. Regardless of whether a business is protected by a statutory protection, the business should consider posting its property plus having policies for employees and for third parties in place.

In deciding whether to post its property, a business should consider how it will enforce the policy. An argument can be made that by posting the property the business is accepting a duty to enforce the prohibition and to protect unarmed employees and others on the property. Businesses should consider extra security to protect against vehicle break-ins if individuals are required to keep their weapons in their personal vehicles. Certain retail entities may want to consider the effect that posting may have on encouraging or discouraging the public from frequenting their facility. Another factor is whether the posting of a prohibition makes the facility more susceptible as a target for crime. Additionally, employers must consider how to communicate their weapons policies to employees and third parties and should train employees responsible for enforcing those policies.

Making these preparations now can create a safer business and workplace, and will prevent being “surprised” if the stay is lifted.

Kristen L. Maly is a labor and employment attorney at McCarthy, Leonard, Kaemmerer, Owen, McGovern & Striler L.C., located in Chesterfield.

This article is included for general information purposes only and does not constitute legal advice. The reader should consult qualified legal counsel to determine how laws apply to specific situations.

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