FIRST REGULAR SESSION
SENATE BILL NO. 142
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR SCHROER.
1257S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 1, RSMo, by adding thereto one new section relating to the anti-red flag gun
seizure act, with penalty provisions and an emergency clause.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 1, RSMo, is amended by adding thereto 1
one new section, to be known as section 1.486, to read as 2
follows:3
1.486. 1. This section shall be known and may be 1
cited as the "Anti-Red Flag Gun Seizure Act". 2
2. As used in this section, "red flag law" means: 3
(1) Any gun control law, order, or measure that 4
directs the temporary or permanent seizure of any firearm, 5
firearm accessory, or ammunition of an individual without 6
the adjudication of a contested court case; or 7
(2) Any federal statute, federal rule, federal 8
executive order, or federal judicial order or finding, or 9
any state statute, state rule, state executive order, or 10
state judicial order or finding, that: 11
(a) Prohibits a Missouri citizen from owning, 12
possessing, transporting, transferring, or receiving any 13
firearm, firearm accessory, or ammunition unless the 14
individual has been convicted of a violent felony crime or 15
is otherwise disqualified under section 455.050 or 571.070; 16
or 17 SB 142 2
(b) Orders the removal or requires the surrender of 18
any firearm, firearm accessory, or ammunition from a 19
Missouri citizen unless the individual has been convicted of 20
a violent felony crime or is otherwise disqualified under 21
section 455.050 or 571.070. 22
3. Any federal order of protection, other judicial 23
order issued by a federal court, or federal executive order 24
that is a red flag law or otherwise directs the confiscation 25
of any firearm, firearm accessory, or ammunition from any 26
law-abiding citizen within the bord ers of this state shall 27
not be enforced in this state by any state agency, political 28
subdivision, or state or local law enforcement agency. 29
4. No state agency, political subdivision, or state or 30
local law enforcement agency shall receive any feder al 31
moneys for the purpose of enforcing any federal statute, 32
federal rule, federal executive order, or federal judicial 33
order or findings, or for the purpose of enforcing any state 34
statute, state rule, state executive order, or state 35
judicial order or findings, that would have the effect of 36
enforcing a red flag law against a Missouri citizen. 37
5. No state entity or employee thereof, political 38
subdivision or employee thereof, or other entity or person 39
shall have the authority to enforce or attemp t to enforce a 40
red flag law regardless of the red flag law's origin or the 41
authority of the issuing entity. This subsection shall not 42
apply to any agent of the federal government enforcing a 43
federal law or federal order. 44
6. Nothing in this secti on shall be construed to 45
prevent a firearm, firearm accessory, or ammunition from 46
being seized as evidence by law enforcement in the course of 47
an investigation. 48 SB 142 3
7. (1) A political subdivision or state or local law 49
enforcement agency that employs a law enforcement officer 50
who knowingly acts to violate this section and enforce a red 51
flag law under the color of any state or federal statute, 52
rule, executive order, or judicial order or finding shall be 53
liable to the party against whom the red flag law was 54
enforced in an action at law, suit in equity, or other 55
proper proceeding for redress and shall be subject to a 56
civil penalty of fifty thousand dollars per occurrence. 57
(2) Any person injured under this section shall have 58
standing to pursue an action for injunctive relief in the 59
circuit court of the county in which the action allegedly 60
occurred or in the circuit court of Cole County. 61
(3) The court shall hold a hearing on any motion for a 62
temporary restraining order or preliminary i njunction within 63
thirty days of service of a petition for the same. 64
(4) In an action brought under this section by a party 65
against whom the red flag law was enforced, a court may 66
order injunctive or other equitable relief, recovery of 67
damages, other legal remedies, and payment of reasonable 68
attorney's fees, costs, and expenses of the party. The 69
relief and remedies set forth in this section shall not be 70
deemed exclusive and shall be in addition to any other 71
relief or remedies permitted by law. The court may award 72
the prevailing party, if not the state of Missouri or a 73
political subdivision thereof, reasonable attorney's fees 74
and costs. 75
(5) Sovereign immunity shall not be an affirmative 76
defense to any action brought under this section . 77
Section B. Because immediate action is necessary to 1
limit any overreach of the federal government's power and to 2
protect citizens' rights to bear arms, the enactment of 3 SB 142 4
section 1.486 of section A of this act is deemed necessary 4
for the immediate preservation of the public health, 5
welfare, peace, and safety, and is hereby declared to be an 6
emergency act within the meaning of the constitution, and 7
the enactment of section 1.486 of section A of this act 8
shall be in full force and effect upon its passage and 9
approval. 10