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| 2 | 2 | | FIRST REGULAR SESSION |
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| 3 | 3 | | SENATE BILL NO. 207 |
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| 4 | 4 | | 103RD GENERAL ASSEMBLY |
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| 5 | 5 | | INTRODUCED BY SENATOR WASHINGTON. |
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| 6 | 6 | | 1114S.01I KRISTINA MARTIN, Secretary |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | To amend chapter 571, RSMo, by adding thereto two new sections relating to the offense of |
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| 9 | 9 | | community endangerment due to unsafe storage of a firearm, with penalty provisions. |
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| 10 | 10 | | |
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| 11 | 11 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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| 12 | 12 | | Section A. Chapter 571, RSMo, is amended by adding thereto 1 |
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| 13 | 13 | | two new sections, to be known as sections 571.400 and 571.401, 2 |
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| 14 | 14 | | to read as follows:3 |
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| 15 | 15 | | 571.400. 1. As used in this section an "unauthorized 1 |
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| 16 | 16 | | person" is a person who is proh ibited from possessing a 2 |
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| 17 | 17 | | firearm under state or federal law. 3 |
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| 18 | 18 | | 2. A person commits the offense of community 4 |
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| 19 | 19 | | endangerment due to unsafe storage of a firearm in the first 5 |
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| 20 | 20 | | degree if a person stores or leaves a firearm in a location 6 |
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| 21 | 21 | | where the person knows or reasonably should know that an 7 |
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| 22 | 22 | | unauthorized person may gain access to the firearm and such 8 |
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| 23 | 23 | | unauthorized person causes personal injury or death with the 9 |
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| 24 | 24 | | firearm. 10 |
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| 25 | 25 | | 3. The offense of community endangerment due to unsafe 11 |
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| 26 | 26 | | storage of a firearm in the first degree is a class C felony. 12 |
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| 27 | 27 | | 4. It shall not be a violation of this section if: 13 |
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| 28 | 28 | | (1) The firearm is stored in a secure gun storage, or 14 |
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| 29 | 29 | | other secured storage with a trigger lock or similar device 15 |
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| 30 | 30 | | that is designed to prevent the unauth orized use or 16 |
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| 31 | 31 | | discharge of the firearm; 17 SB 207 2 |
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| 32 | 32 | | (2) The unauthorized person is a minor who has the 18 |
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| 33 | 33 | | permission of a parent or guardian to possess the firearm 19 |
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| 34 | 34 | | and is supervised by a person eighteen years of age or older; 20 |
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| 35 | 35 | | (3) The unauthorized person ob tains or discharges the 21 |
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| 36 | 36 | | firearm in a lawful act of self -defense pursuant to chapter 22 |
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| 37 | 37 | | 563; or 23 |
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| 38 | 38 | | (4) The unauthorized person obtained the firearm as a 24 |
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| 39 | 39 | | result of an unlawful entry and such unlawful entry is 25 |
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| 40 | 40 | | reported to a law enforcement agency within f ive days of the 26 |
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| 41 | 41 | | time he or she knew or reasonably should have known that the 27 |
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| 42 | 42 | | firearm had been taken. 28 |
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| 43 | 43 | | 571.401. 1. As used in this section an "unauthorized 1 |
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| 44 | 44 | | person" is a person who is prohibited from possessing a 2 |
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| 45 | 45 | | firearm under state o r federal law. 3 |
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| 46 | 46 | | 2. A person commits the offense of community 4 |
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| 47 | 47 | | endangerment due to unsafe storage of a firearm in the 5 |
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| 48 | 48 | | second degree if a person stores or leaves a firearm in a 6 |
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| 49 | 49 | | location where the person knows or reasonably should know 7 |
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| 50 | 50 | | that an unauthorized person may gain access to the firearm 8 |
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| 51 | 51 | | and such unauthorized person: 9 |
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| 52 | 52 | | (1) Causes the firearm to discharge; 10 |
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| 53 | 53 | | (2) Carries, exhibits, or displays the firearm in a 11 |
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| 54 | 54 | | public place in a manner that is intended to intimidate 12 |
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| 55 | 55 | | another or that warran ts alarm for the safety of other 13 |
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| 56 | 56 | | persons; or 14 |
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| 57 | 57 | | (3) Uses the firearm in the commission of a crime. 15 |
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| 58 | 58 | | 3. The offense of community endangerment due to unsafe 16 |
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| 59 | 59 | | storage of a firearm in the second degree is a class D 17 |
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| 60 | 60 | | felony. 18 |
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| 61 | 61 | | 4. It shall not be a violation of this section if: 19 |
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| 62 | 62 | | (1) The firearm is stored in a secure gun storage, or 20 |
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| 63 | 63 | | other secured storage with a trigger lock or similar device 21 SB 207 3 |
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| 64 | 64 | | that is designed to prevent the unauthorized use or 22 |
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| 65 | 65 | | discharge of the firearm; 23 |
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| 66 | 66 | | (2) The unauthorized person is a minor who has the 24 |
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| 67 | 67 | | permission of a parent or guardian to possess the firearm 25 |
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| 68 | 68 | | and is supervised by a person eighteen years of age or older; 26 |
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| 69 | 69 | | (3) The unauthorized person obtains or discharges the 27 |
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| 70 | 70 | | firearm in a lawful act of self -defense pursuant to chapter 28 |
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| 71 | 71 | | 563; or 29 |
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| 72 | 72 | | (4) The unauthorized person obtains the firearm as a 30 |
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| 73 | 73 | | result of an unlawful entry and such unlawful entry is 31 |
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| 74 | 74 | | reported to a law enforcement agency within five days of the 32 |
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| 75 | 75 | | time he or she knew or reasonably should have know n that the 33 |
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| 76 | 76 | | firearm had been taken. 34 |
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| 77 | 77 | | |
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