Concealed Weapons Prohibited on Church Premises Unless Prior Permission Granted

Attention: Pastors and Catholic School Principals

The Missouri Catholic Conference has been contacted by pastors from around the state concerning the effect of Missouri's new "conceal and carry" firearms law. The law provides that beginning October 11, 2003 a qualified individual of at least 23 years of age who has passed a firearms safety training course may obtain a permit to carry concealed firearms within the State of Missouri. The permit is evidenced by a "conceal and carry" endorsement to the person's driver's license or non-driver's license.

Under the new law a person is prohibited from bringing a concealed weapon on to the premises of a church or place of religious worship, unless the person has obtained the consent of the pastor, priest, or person or persons representing the religious organization that exercises control over the place of religious worship. Furthermore, a "conceal and carry" permit does not authorize a person to carry concealed firearms into schools and child care facilities, without the consent of a school official or manager of the facility. Possession of a firearm in a vehicle on church or school premises is not a criminal offense so long as the firearm is not removed from the possessor's vehicle or brandished while the vehicle is on the premises.

The law also allows the owner of private property to prohibit persons with "conceal and carry" endorsements from bringing concealed firearms onto the private property, if signs have been posted stating that the property is off-limits to concealed firearms.Concealed firearms can be prohibited in all areas of the posted premises, including all buildings, driveways, walkways, lawns, playing fields, garages, parking lots and any other facilities on the property; and all persons can be prohibited from carrying concealed firearms onto the posted premises, including all employees, independent contractors, vendors, clients, residents, volunteers, parishioners, parents of students, visitors, and all other persons who come on the premises, with the exception of law enforcement personnel.

You may be aware that, in response to a similar law passed in the state of Minnesota, over fifty churches have filed a lawsuit against the state challenging the provisions of that state’s “conceal and carry” law that require churches to post a notice at the entrance prohibiting concealed firearms on the premises, if they choose to do so. Minnesota’s law differs from Missouri’s law in that, in order to prohibit firearms on church premises, the premises must be posted; while Missouri’s law provides that concealed firearms must be authorized. We will continue to monitor that litigation to determine what result, if any, the decision might have on the Missouri law.

Missouri's law requiring specific approval to carry concealed weapons onto church property only applies to church buildings, schools and child care facilities. The Missouri Catholic Conference recommends the following in order for a parish to prohibit firearms on ALL of its premises:

• All persons entering parish property should be given notice that concealed firearms are prohibited on the premises. The prohibition and notice may cover not only concealed firearms, but may exclude all weapons from the premises. he required notice should be posted in public entrances to the grounds or facilities so that persons entering are notified that concealed firearms (or all weapons) are prohibited. The law requires that notice be on a sign of at least 11 inches by 14 inches with letters at least one inch high.
  
  
• Parishes should adopt and distribute a written policy that notifies employees, parishioners, students and their parents, visitors, volunteers, contractors, vendors, residents, and all other persons who enter the premises, with the exception of law enforcement personnel, of the parish's policy regarding concealed firearms (or all weapons) on its property. Although the posted notices should be sufficient for parents and guardians of students, an additional notice statement in student or employee handbooks would provide further notice of the parish's policy. The statement should reflect the posted notice.

You may want to consult with your diocesan attorney or risk management office if you have further questions regarding this issue. lease feel free to contact this office if we can provide any further information.