Missouri 2025 Regular Session

Missouri Senate Bill SB273 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3	3	and is intended to be omitted in the law.
4	4	FIRST REGULAR SESSION
5	5	SENATE BILL NO. 273
6	6	103RD GENERAL ASSEMBLY
7	7	INTRODUCED BY SENATOR SCHROER.
8	8	1142S.01I KRISTINA MARTIN, Secretary
9	9	AN ACT
10	10	To repeal section 571.020, RSMo, and to enact in lieu thereof four new sections relating to firearm
11	11	suppressors, with penalty provisions.
12	12
13	13	Be it enacted by the General Assembly of the State of Missouri, as follows:
14	14	Section A. Section 571.020, RSMo, is repealed and four 1
15	15	new sections enacted in lieu thereof, to be known as sections 2
16	16	571.020, 571.930, 571.935, an d 571.940, to read as follows:3
17	17	571.020. 1. A person commits an offense if such 1
18	18	person knowingly possesses, manufactures, transports, 2
19	19	repairs, or sells: 3
20	20	(1) An explosive weapon; 4
21	21	(2) An explosive, incendiary or poison substance or 5
22	22	material with the purpose to possess, manufacture or sell an 6
23	23	explosive weapon; 7
24	24	(3) A gas gun; 8
25	25	(4) A bullet or projectile which explodes or detonates 9
26	26	upon impact because of an independent explosive charge after 10
27	27	having been shot from a firearm; [or] 11
28	28	(5) Knuckles; or 12
29	29	(6) Any of the following in violation of federal law: 13
30	30	(a) A machine gun; 14
31	31	(b) A short-barreled rifle or shotgun; or 15
32	32	(c) [A firearm silencer; or 16
33	33	(d)] A switchblade knife. 17 SB 273 2
34	34	2. A person does not comm it an offense pursuant to 18
35	35	this section if his or her conduct involved any of the items 19
36	36	in subdivisions (1) to (5) of subsection 1 of this section, 20
37	37	the item was possessed in conformity with any applicable 21
38	38	federal law, and the conduct: 22
39	39	(1) Was incident to the performance of official duty 23
40	40	by the Armed Forces, National Guard, a governmental law 24
41	41	enforcement agency, or a penal institution; or 25
42	42	(2) Was incident to engaging in a lawful commercial or 26
43	43	business transaction with an organization enumer ated in 27
44	44	subdivision (1) of this [section] subsection; or 28
45	45	(3) Was incident to using an explosive weapon in a 29
46	46	manner reasonably related to a lawful industrial or 30
47	47	commercial enterprise; or 31
48	48	(4) Was incident to displaying the weapon in a public 32
49	49	museum or exhibition; or 33
50	50	(5) Was incident to using the weapon in a manner 34
51	51	reasonably related to a lawful dramatic performance. 35
52	52	3. An offense pursuant to subdivision (1), (2), (3) or 36
53	53	(6) of subsection 1 of this section is a class D felony; a 37
54	54	crime pursuant to subdivision (4) or (5) of subsection 1 of 38
55	55	this section is a class A misdemeanor. 39
56	56	4. The offense of knowingly possessing, manufacturing, 40
57	57	transporting, repairing, or selling a firearm silencer, as 41
58	58	it existed immediately before Augu st 28, 2025, shall not be 42
59	59	prosecuted on or after August 28, 2025. If on August 28, 43
60	60	2025, a criminal action is pending for such offense, the 44
61	61	action is dismissed on that date. However, a final 45
62	62	conviction for such offense that exists on August 28, 2025, 46
63	63	shall not be affected. 47
64	64	571.930. As used in sections 571.930 to 571.940, the 1
65	65	following terms mean: 2 SB 273 3
66	66	(1) "Firearm suppressor", any device designed, made, 3
67	67	or adapted to muffle the report of a firearm; 4
68	68	(2) "Generic and insignificant part", an item that has 5
69	69	manufacturing or consumer product applications other than 6
70	70	inclusion in a firearm suppressor. The term "generic and 7
71	71	insignificant part" includes a spring, screw, nut, or pin; 8
72	72	(3) "Manufacture", forging, casting, mac hining, or 9
73	73	another process for working a material. 10
74	74	571.935. 1. (1) For the purposes of this section, a 1
75	75	firearm suppressor is manufactured in this state if the item 2
76	76	is manufactured: 3
77	77	(a) In this state from basic materials; and 4
78	78	(b) Without the inclusion of any part imported from 5
79	79	another state other than a generic and insignificant part. 6
80	80	(2) For the purposes of this section, a firearm 7
81	81	suppressor is manufactured in this state if it is 8
82	82	manufactured as described in sub division (1) of this 9
83	83	subsection without regard to whether a firearm imported into 10
84	84	this state from another state is attached to or used in 11
85	85	conjunction with the suppressor. 12
86	86	2. (1) A firearm suppressor that is manufactured in 13
87	87	this state and remains in this state shall not be subject to 14
88	88	federal law or federal regulation, including registration, 15
89	89	under the authority of the United States Congress to 16
90	90	regulate interstate commerce. 17
91	91	(2) A basic material from which a firearm suppressor 18
92	92	is manufactured in this state, including unmachined steel, 19
93	93	shall not be a firearm suppressor and is not subject to 20
94	94	federal regulation under the authority of the United States 21
95	95	Congress to regulate interstate commerce as if it actually 22
96	96	were a firearm suppressor. 23 SB 273 4
97	97	3. A firearm suppressor manufactured and sold in this 24
98	98	state shall have the words "Made in Missouri" clearly 25
99	99	stamped on it. 26
100	100	4. On written notification to the attorney general by 27
101	101	a United States citizen who resides in this state of the 28
102	102	citizen's intent to manufacture a firearm suppressor to 29
103	103	which subsection 2 of this section applies, the attorney 30
104	104	general shall seek a declaratory judgment from a federal 31
105	105	district court in this state that subsection 2 of this 32
106	106	section is consistent with the Unite d States Constitution. 33
107	107	5. The provisions of this section shall apply only to 34
108	108	firearm suppressors that are manufactured on or after August 35
109	109	28, 2025. 36
110	110	571.940. 1. The provisions of this section shall 1
111	111	apply to: 2
112	112	(1) The state of Missouri, including an agency, 3
113	113	department, commission, bureau, board, office, council, 4
114	114	court, or other entity that is in any branch of state 5
115	115	government and that is created by the constitution or a 6
116	116	statute of this state, including a university syste m or a 7
117	117	system of higher education; 8
118	118	(2) The governing body of a municipality, county, or 9
119	119	special district or authority; 10
120	120	(3) An officer, employee, or other body that is part 11
121	121	of a municipality, county, or special district or authority, 12
122	122	including a sheriff, municipal police department, municipal 13
123	123	attorney, or county attorney; and 14
124	124	(4) A prosecuting attorney, county counselor, or 15
125	125	circuit attorney. 16
126	126	2. (1) An entity described in subsection 1 of this 17
127	127	section shall not adopt a rule, ord er, ordinance, or policy 18
128	128	under which the entity enforces, or by consistent action 19 SB 273 5
129	129	allows the enforcement of, a federal statute, order, rule, 20
130	130	or regulation that purports to regulate a firearm suppressor 21
131	131	if the statute, order, rule, or regulation imposes a 22
132	132	prohibition, restriction, or other regulation that does not 23
133	133	exist under the laws of this state. 24
134	134	(2) No entity described in subsection 1 of this 25
135	135	section and no person employed by or otherwise under the 26
136	136	direction or control of the entity shall e nforce or attempt 27
137	137	to enforce any federal statute, order, rule, or regulation 28
138	138	described in subdivision (1) of this subsection. 29
139	139	3. (1) An entity described in subsection 1 of this 30
140	140	section shall not receive state grant funds if the entity 31
141	141	adopts a rule, order, ordinance, or policy under which the 32
142	142	entity enforces a federal law described in subdivision (1) 33
143	143	of subsection 2 of this section or, by consistent action, 34
144	144	allows the enforcement of a federal law described in 35
145	145	subdivision (1) of subsection 2 o f this section. 36
146	146	(2) State grant funds for the entity shall be denied 37
147	147	for the fiscal year following the year in which a final 38
148	148	judicial determination in an action brought under this 39
149	149	section is made that the entity has violated subdivision (1) 40
150	150	of subsection 2 of this section. 41
151	151	4. (1) Any citizen residing in the jurisdiction of an 42
152	152	entity described in subsection 1 of this section may file a 43
153	153	complaint with the attorney general if the citizen offers 44
154	154	evidence to support an allegation that the ent ity has 45
155	155	adopted a rule, order, ordinance, or policy under which the 46
156	156	entity enforces a federal law described in subdivision (1) 47
157	157	of subsection 2 of this section or that the entity, by 48
158	158	consistent action, allows the enforcement of a federal law 49
159	159	described in subdivision (1) of subsection 2 of this 50 SB 273 6
160	160	section. The citizen shall include with the complaint any 51
161	161	evidence the citizen has in support of the complaint. 52
162	162	(2) If the attorney general determines that a 53
163	163	complaint filed under subdivision (1) of this subsection 54
164	164	against an entity described in subsection 1 of this section 55
165	165	is valid, to compel the entity's compliance with this 56
166	166	section the attorney general may file a petition for a writ 57
167	167	of mandamus or apply for other appropriate equitable relief 58
168	168	in the circuit court of Cole County or the circuit court in 59
169	169	any county in which the principal office of the entity is 60
170	170	located. The attorney general may recover reasonable 61
171	171	expenses incurred obtaining relief under this subdivision, 62
172	172	including court costs, rea sonable attorney's fees, 63
173	173	investigative costs, witness fees, and deposition costs. 64
174	174	(3) In any appeal of a suit brought under subdivision 65
175	175	(2) of this subsection, the appellate court shall expedite 66
176	176	the case by entering such scheduling orders as are n ecessary 67
177	177	to ensure that a final order or judgment will be entered 68
178	178	with the least possible delay. 69
179	179	