Missouri 2025 Regular Session

Missouri Senate Bill SB273 Latest Draft

Bill / Introduced Version Filed 12/10/2024

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     Section A.  Section 571.020, RSMo, is repealed and four 1 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