COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:1605H.01I Bill No.:HB 459 Subject:Courts; Firearms Type:Original Date:January 26, 2025Bill Summary:This proposal establishes the "Anti-Red Flag Gun Seizure Act".
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2026FY 2027FY 2028General Revenue*$0 to (Unknown)$0 to (Unknown)$0 to (Unknown)Total Estimated Net
Effect on General
Revenue$0 to (Unknown)$0 to (Unknown)$0 to (Unknown)
*Oversight assumes the addition of a civil penalty of $50,000 per occurrence for any violations
of §1.486 could reach the $250,000 threshold.
ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTEDFY 2026FY 2027FY 2028Other State Funds*$0 or (Unknown)$0 or (Unknown)$0 or (Unknown)State Legal Expense
Fund (0692)**$0$0$0
Colleges and
Universities*$0 or (Unknown)$0 or (Unknown)$0 or (Unknown)
State Highways and
Transportation
Department Fund
(0644)*$0 or (Unknown)$0 or (Unknown)$0 or (Unknown)
Water Patrol Division
Fund (0400)*$0 or (Unknown)$0 or (Unknown)$0 or (Unknown)
Total Estimated Net
Effect on Other State
Funds$0 or (Unknown)$0 or (Unknown)$0 or (Unknown)
**Indicates numbers that net to zero.
Numbers within parentheses: () indicate costs or losses. L.R. No. 1605H.01I
Bill No. HB 459
Page 2 of
January 26, 2025
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ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTEDFY 2026FY 2027FY 2028Federal Funds* $0 or (Unknown)$0 or (Unknown)$0 or (Unknown)Total Estimated Net
Effect on All Federal
Funds$0 or (Unknown)$0 or (Unknown)$0 or (Unknown)
*Oversight assumes the loss of federal funds could reach the $250,000 threshold.
ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTEDFY 2026FY 2027FY 2028Total Estimated Net
Effect on FTE 000
☒ Estimated Net Effect (expenditures or reduced revenues) expected to exceed $250,000 in any
of the three fiscal years after implementation of the act or at full implementation of the act.
☐ Estimated Net Effect (savings or increased revenues) expected to exceed $250,000 in any of
the three fiscal years after implementation of the act or at full implementation of the act.
ESTIMATED NET EFFECT ON LOCAL FUNDSFUND AFFECTEDFY 2026FY 2027FY 2028
Local Government*
$0 or Unknown to
(Unknown)
$0 or Unknown to
(Unknown)
$0 or Unknown to
(Unknown) L.R. No. 1605H.01I
Bill No. HB 459
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January 26, 2025
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FISCAL ANALYSIS
ASSUMPTION
§1.486 – Anti-Red Flag Gun Seizure Act
Officials from the Office of Administration (OA) state this legislation creates provisions and
damages relating to seizure of firearms and includes a waiver of sovereign immunity for actions
brought under this section. This has the potential to increase costs to the LEF but would be
subject to judicial construction; therefore, the cost is unknown.
Oversight does not have any information contrary to that provided by OA. Therefore, Oversight
will reflect OA’s potential unknown impact for fiscal note purposes to the State Legal Expense
Fund. Oversight notes the Legal Expense Fund is funded by the General Revenue Fund as well
as other state funds. Oversight notes this possible litigation exposure as described by OA could
also apply to colleges and universities, federal funds, as well as local political subdivisions.
Officials from the Department of Public Safety - Missouri Highway Patrol (MHP)
section 1.486.7(1) creates a right to sue the law enforcement agency for a minimum of $50,000
per occurrence along with punitive damages and attorney's fees. The Patrol has no way of
computing the number of allegations it may have to defend. Due to this, the impact is listed as
unknown to General Revenue, the State Highways and Transportation Department Fund (0644),
the Water Patrol Division Fund (0400), and Federal Funds (0152). The three impacted state
funds are the primary funding sources for enforcement personnel.
Additionally, section 1.486.2 and section 1.486.4 could have a fiscal impact as it might eliminate
federal grant money that pays for the salaries of four (4) troopers and some overtime for troopers
assigned to a federal task force or are assigned to work with a specified federal law enforcement
agency.
Finally, section 1.486.7(5) appears to waive sovereign immunity, which could account for
funding for the defense of future civil litigation.
Oversight does not have any information contrary to that provided by MHP. Therefore,
Oversight will reflect MHP’s impact as $0 or an Unknown loss to the funds listed above.
Oversight assumes the amounts of federal funding received by the state related to a red flag law
would reach the $250,000 threshold.
Officials from the Office of Administration - Budget and Planning (B&P) state Article IX,
Section 7 of the Missouri Constitution requires that penalties, forfeitures, and fines collected for
violations of state law be distributed to the schools. To the extent any additional such revenues
are deposited into the state treasury, TSR may increase. L.R. No. 1605H.01I
Bill No. HB 459
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Oversight notes that violations of section 1.486.7(1) could result in fines or penalties. Oversight
also notes per Article IX Section 7 of the Missouri Constitution fines and penalties collected by
counties are distributed to school districts. Fines vary widely from year to year and are
distributed to the school district where the violation occurred. Oversight will reflect a positive
fiscal impact of $0 to Unknown to local school districts. For simplicity, Oversight will not reflect
the possibility that fine revenue paid to school districts may act as a subtraction in the foundation
formula.
Officials from the Office of State Courts Administrator (OSCA) state there may be some
impact but there is no way to quantify that currently. Any significant changes will be reflected in
future budget requests.
Oversight notes OSCA assumes this proposal may have some impact on their organization
although it can’t be quantified at this time. As OSCA is unable to provide additional information
regarding the potential impact, Oversight assumes the proposed legislation will have a $0 to
(Unknown) cost to the General Revenue Fund. For fiscal note purposes, Oversight also assumes
the impact will be under $250,000 annually. If this assumption is incorrect, this would alter the
fiscal impact as presented in this fiscal note. If additional information is received, Oversight will
review it to determine if an updated fiscal note should be prepared and seek approval to publish a
new fiscal note.
Officials from the Office of Attorney General (AGO)
arising from this proposal can be absorbed with existing resources. The AGO may seek
additional appropriations if the proposal results in a significant increase in litigation or
investigation costs.
Oversight does not have any information to the contrary. Therefore, Oversight assumes the
AGO will be able to perform any additional duties required by this proposal with current staff
and resources and will reflect no fiscal impact to the AGO for fiscal note purposes.
Officials from the City of Kansas City state this legislation has a negative fiscal impact of an
indeterminate amount.
Officials from the Missouri Department of Conservation, the Missouri Office of Prosecution
ServicesPhelps County Sheriff’s Department, the Kansas City Police Department, and
the St. Louis County Police Department each assume the proposal will have no fiscal impact
on their respective organizations. Oversight does not have any information to the contrary.
Therefore, Oversight will reflect a zero impact in the fiscal note for these agencies.
Oversight only reflects the responses received from state agencies and political subdivisions;
however, other cities, counties, and local law enforcement were requested to respond to this
proposed legislation but did not. A listing of political subdivisions included in the Missouri
Legislative Information System (MOLIS) database is available upon request. L.R. No. 1605H.01I
Bill No. HB 459
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January 26, 2025
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This proposal has an emergency clause.
FISCAL IMPACT – State GovernmentFY 2026FY 2027FY 2028GENERAL REVENUECost – MHP (§1.486) Potential loss of
funding
$0 or
(Unknown)
$0 or
(Unknown)
$0 or
(Unknown)
Cost – OSCA (§1.486) Potential cost
relating to “Anti-Red Flag Gun Seizure
Act”
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
Transfer Out – to the State Legal
Expense Fund (§1.486) Potential
increase in litigation
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
ESTIMATED NET EFFECT ON
THE GENERAL REVENUE FUND
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
OTHER STATE FUNDSCost Increase - (§1.486) Potential
increase in transfer to LEF
$0 or
(Unknown)
$0 or
(Unknown)
$0 or
(Unknown)
ESTIMATED NET EFFECT ON
OTHER STATE FUNDS
$0 or
(Unknown)
$0 or
(Unknown)
$0 or
(Unknown)
STATE LEGAL EXPENSE FUND
(0692)
Transfer In – (§1.486) From General
Revenue
$0 to
Unknown
$0 to
Unknown
$0 to
Unknown
Cost Increase - (§1.486) Potential
increase in litigation
$0 or
(Unknown)
$0 or
(Unknown)
$0 or
(Unknown)
ESTIMATED NET EFFECT ON
THE LEGAL EXPENSE FUND$0$0$0 L.R. No. 1605H.01I
Bill No. HB 459
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FISCAL IMPACT – State GovernmentFY 2026FY 2027FY 2028COLLEGES AND UNIVERSITIESCost Increase - (§1.486) Potential
increase in litigation
$0 or
(Unknown)
$0 or
(Unknown)
$0 or
(Unknown)
ESTIMATED NET EFFECT ON
COLLEGES AND UNIVERSITIES
$0 or
(Unknown)
$0 or
(Unknown)
$0 or
(Unknown)
STATE HIGHWAYS AND
TRANSPORTATION
DEPARTMENT FUND (0644)
Cost – MHP (§1.486) Potential loss of
funding
$0 or
(Unknown)
$0 or
(Unknown)
$0 or
(Unknown)
ESTIMATED NET EFFECT ON
THE STATE HIGHWAYS AND
TRANSPORTATION FUND
$0 or
(Unknown)
$0 or
(Unknown)
$0 or
(Unknown)
WATER PATROL DIVISION
FUND (0400)
Cost – MHP (§1.486) Potential loss of
funding
$0 or
(Unknown)
$0 or
(Unknown)
$0 or
(Unknown)
ESTIMATED NET EFFECT ON
THE WATER PATROL DIVISION
FUND
$0 or
(Unknown)
$0 or
(Unknown)
$0 or
(Unknown) L.R. No. 1605H.01I
Bill No. HB 459
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January 26, 2025
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FISCAL IMPACT – State GovernmentFY 2026FY 2027FY 2028FEDERAL FUNDSCost Increase - (§1.486) Potential
increase in litigation
$0 or
(Unknown)
$0 or
(Unknown)
$0 or
(Unknown)
Cost – MHP (§1.486) Potential loss of
funding
$0 or
(Unknown)
$0 or
(Unknown)
$0 or
(Unknown)
ESTIMATED NET EFFECT TO
FEDERAL FUNDS
$0 or
(Unknown)
$0 or
(Unknown)
$0 or
(Unknown)
FISCAL IMPACT – Local GovernmentFY 2026FY 2027FY 2028LOCAL POLITICAL
SUBDIVISIONS
Revenue – School districts (§1.486)
Fines from violations
$0 to
Unknown
$0 to
Unknown
$0 to
Unknown
Cost - (§1.486) Potential increase in
litigation and/or civil penalty costs
$0 or
(Unknown)
$0 or
(Unknown)
$0 or
(Unknown)
ESTIMATED NET EFFECT ON
LOCAL POLITICAL
SUBDIVISIONS
$0 or
Unknown to
(Unknown)
$0 or
Unknown to
(Unknown)
$0 or
Unknown to
(Unknown)
FISCAL IMPACT – Small Business
No direct fiscal impact to small businesses would be expected as a result of this proposal.
FISCAL DESCRIPTION
ANTI-RED FLAG GUN SEIZURE ACT (Section 1.486)
This bill establishes the "Anti-Red Flag Gun Seizure Act". L.R. No. 1605H.01I
Bill No. HB 459
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For purposes of the bill, "red flag law" is defined as any gun control law, order, or measure that
directs the seizure of any firearm of an individual without the adjudication of a contested court
case; or any Federal or State rule, statute, or judicial order that prohibits a Missouri citizen from
owning or receiving any firearm; or any order of removal for the surrender of any firearm, unless
such citizen is convicted of a violent felony or is otherwise disqualified pursuant to an order of
protection or under Section 571.070, RSMo.
Any red flag law that directs the confiscation of any firearm from any law-abiding citizen within
Missouri must be considered an infringement on the people's right to keep and bear arms as
guaranteed by the State and Federal constitutions and will not be enforced within Missouri.
No State agency, political subdivision, or State or local law enforcement agency may receive any
Federal funds for the purpose of enforcing any Federal law, order, or judicial finding for the
purpose of enforcing any State statute, rule, order, or judicial finding that would have the effect
of enforcing a red flag law against a Missouri citizen.
No entity or person, including a State entity or employee thereof, or political subdivision or
employee thereof, will have the authority to enforce or attempt to enforce a red flag law
regardless of the red flag law's origin or the authority of the issuing entity, except that this
prohibition must not apply to any agent of the Federal government enforcing a Federal law or
Federal order.
A political subdivision or State or local law enforcement agency that employs a law enforcement
officer that knowingly violates the provisions of this bill must be liable to the party against
whom a red flag law was enforced and additionally will be subject to a civil penalty of $50,000
per occurrence. The Attorney General will also have standing to bring an action to enforce the
provisions of this section.
In any action brought under the provisions of this bill, a court may order injunctive or other
equitable relief, recovery of damages, other legal remedies, and payment of reasonable attorney's
fees, costs, and expenses of the party. Such relief must not be exclusive and additional relief or
remedies may be awarded as otherwise permitted by law.
This bill contains an emergency clause.
This legislation is not federally mandated, would not duplicate any other program and would not
require additional capital improvements or rental space.
SOURCES OF INFORMATION
Attorney General’s Office
Department of Public Safety - Missouri Highway Patrol
Missouri Department of Conservation
Office of Administration L.R. No. 1605H.01I
Bill No. HB 459
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January 26, 2025
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Missouri Office of Prosecution Services
Office of the State Courts Administrator
City of Kansas City
Phelps County Sheriff’s Department
Kansas City Police Department
St. Louis County Police Department
Julie MorffJessica HarrisDirectorAssistant DirectorJanuary 26, 2025January 26, 2025