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Missouri Senate Bill SB339

Missouri 2025 Regular Session

Missouri Senate Bill SB339 Compare Versions

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22 EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
33 and is intended to be omitted in the law.
44 FIRST REGULAR SESSION
55 SENATE BILL NO. 339
66 103RD GENERAL ASSEMBLY
77 INTRODUCED BY SENATOR ROBERTS.
88 0525S.01I KRISTINA MARTIN, Secretary
99 AN ACT
1010 To repeal section 571.030, RSMo, and to enact in lieu thereof one new section relating to the
1111 offense of unlawful use of weapons, with penalty provisions.
1212
1313 Be it enacted by the General Assembly of the State of Missouri, as follows:
1414 Section A. Section 571.030, RSMo, is repealed and one new 1
1515 section enacted in lieu thereof, to be known as section 571.030, 2
1616 to read as follows:3
1717 571.030. 1. A person commits the offense of unlawful 1
1818 use of weapons, except as otherwise provided by sections 2
1919 571.101 to 571.121, if he or she knowingly: 3
2020 (1) Carries concealed upon or about his or her person 4
2121 a knife, a firearm, a blac kjack or any other weapon readily 5
2222 capable of lethal use into any area where firearms are 6
2323 restricted under section 571.107; or 7
2424 (2) Sets a spring gun; or 8
2525 (3) Discharges or shoots a firearm into a dwelling 9
2626 house, a railroad train, boat, aircraf t, or motor vehicle as 10
2727 defined in section 302.010, or any building or structure 11
2828 used for the assembling of people; or 12
2929 (4) Exhibits, in the presence of one or more persons, 13
3030 any weapon readily capable of lethal use in an angry or 14
3131 threatening manner; or 15
3232 (5) Has a firearm or projectile weapon readily capable 16
3333 of lethal use on his or her person, while he or she is 17
3434 intoxicated, and handles or otherwise uses such firearm or 18 SB 339 2
3535 projectile weapon in either a negligent or unlawful manner 19
3636 or discharges such firearm or projectile weapon unless 20
3737 acting in self-defense; or 21
3838 (6) Discharges a firearm within one hundred yards of 22
3939 any occupied schoolhouse, courthouse, or church building; or 23
4040 (7) Discharges or shoots a firearm at a mark, at any 24
4141 object, or at random, on, along or across a public highway 25
4242 or discharges or shoots a firearm into any outbuilding; or 26
4343 (8) Carries a firearm or any other weapon readily 27
4444 capable of lethal use into any church or place where people 28
4545 have assembled for worsh ip, or into any election precinct on 29
4646 any election day, or into any building owned or occupied by 30
4747 any agency of the federal government, state government, or 31
4848 political subdivision thereof; or 32
4949 (9) Discharges or shoots a firearm at or from a motor 33
5050 vehicle, as defined in section 301.010, discharges or shoots 34
5151 a firearm at any person, or at any other motor vehicle, or 35
5252 at any building or habitable structure, unless the person 36
5353 was lawfully acting in self -defense; or 37
5454 (10) Carries a firearm, whether loaded or unloaded, or 38
5555 any other weapon readily capable of lethal use into any 39
5656 school, onto any school bus, or onto the premises of any 40
5757 function or activity sponsored or sanctioned by school 41
5858 officials or the district school board; or 42
5959 (11) Possesses a firearm while also knowingly in 43
6060 possession of a controlled substance that is sufficient for 44
6161 a felony violation of section 579.015 ; or 45
6262 (12) Within any city not within a county, carries 46
6363 openly or concealed upon or about his or her person a 47
6464 firearm. 48
6565 2. Subdivisions (1), (8), and (10) of subsection 1 of 49
6666 this section shall not apply to the persons described in 50 SB 339 3
6767 this subsection, regardless of whether such uses are 51
6868 reasonably associated with or are necessary to the 52
6969 fulfillment of such pers on's official duties except as 53
7070 otherwise provided in this subsection. Subdivisions (3), 54
7171 (4), (6), (7), [and] (9), and (12) of subsection 1 of this 55
7272 section shall not apply to or affect any of the following 56
7373 persons, when such uses are reasonably associa ted with or 57
7474 are necessary to the fulfillment of such person's official 58
7575 duties, except as otherwise provided in this subsection: 59
7676 (1) All state, county and municipal peace officers who 60
7777 have completed the training required by the police officer 61
7878 standards and training commission pursuant to sections 62
7979 590.030 to 590.050 and who possess the duty and power of 63
8080 arrest for violation of the general criminal laws of the 64
8181 state or for violation of ordinances of counties or 65
8282 municipalities of the state, whethe r such officers are on or 66
8383 off duty, and whether such officers are within or outside of 67
8484 the law enforcement agency's jurisdiction, or all qualified 68
8585 retired peace officers, as defined in subsection 12 of this 69
8686 section, and who carry the identification def ined in 70
8787 subsection 13 of this section, or any person summoned by 71
8888 such officers to assist in making arrests or preserving the 72
8989 peace while actually engaged in assisting such officer; 73
9090 (2) Wardens, superintendents and keepers of prisons, 74
9191 penitentiaries, jails and other institutions for the 75
9292 detention of persons accused or convicted of crime; 76
9393 (3) Members of the Armed Forces or National Guard 77
9494 while performing their official duty; 78
9595 (4) Those persons vested by Article V, Section 1 of 79
9696 the Constitution of Missouri with the judicial power of the 80
9797 state and those persons vested by Article III of the 81 SB 339 4
9898 Constitution of the United States with the judicial power of 82
9999 the United States, the members of the federal judiciary; 83
100100 (5) Any person whose bon a fide duty is to execute 84
101101 process, civil or criminal; 85
102102 (6) Any federal probation officer or federal flight 86
103103 deck officer as defined under the federal flight deck 87
104104 officer program, 49 U.S.C. Section 44921, regardless of 88
105105 whether such officers are on d uty, or within the law 89
106106 enforcement agency's jurisdiction; 90
107107 (7) Any state probation or parole officer, including 91
108108 supervisors and members of the parole board; 92
109109 (8) Any corporate security advisor meeting the 93
110110 definition and fulfilling the requirem ents of the 94
111111 regulations established by the department of public safety 95
112112 under section 590.750; 96
113113 (9) Any coroner, deputy coroner, medical examiner, or 97
114114 assistant medical examiner; 98
115115 (10) Any municipal or county prosecuting attorney or 99
116116 assistant prosecuting attorney; circuit attorney or 100
117117 assistant circuit attorney; municipal, associate, or circuit 101
118118 judge; or any person appointed by a court to be a special 102
119119 prosecutor who has completed the firearms safety training 103
120120 course required under subsection 2 of section 571.111; 104
121121 (11) Any member of a fire department or fire 105
122122 protection district who is employed on a full -time basis as 106
123123 a fire investigator and who has a valid concealed carry 107
124124 endorsement issued prior to August 28, 2013, or a valid 108
125125 concealed carry permit under section 571.111 when such uses 109
126126 are reasonably associated with or are necessary to the 110
127127 fulfillment of such person's official duties; and 111
128128 (12) Upon the written approval of the governing body 112
129129 of a fire department or fire protecti on district, any paid 113 SB 339 5
130130 fire department or fire protection district member who is 114
131131 employed on a full-time basis and who has a valid concealed 115
132132 carry endorsement issued prior to August 28, 2013, or a 116
133133 valid concealed carry permit, when such uses are reasona bly 117
134134 associated with or are necessary to the fulfillment of such 118
135135 person's official duties. 119
136136 3. Subdivisions (1), (5), (8), [and] (10), and (12) of 120
137137 subsection 1 of this section do not apply when the actor is 121
138138 transporting such weapons in a nonfunctio ning state or in an 122
139139 unloaded state when ammunition is not readily accessible or 123
140140 when such weapons are not readily accessible. Subdivision 124
141141 (1) of subsection 1 of this section does not apply to any 125
142142 person nineteen years of age or older or eighteen years of 126
143143 age or older and a member of the United States Armed Forces, 127
144144 or honorably discharged from the United States Armed Forces, 128
145145 transporting a concealable firearm in the passenger 129
146146 compartment of a motor vehicle, so long as such concealable 130
147147 firearm is otherwise lawfully possessed, nor when the actor 131
148148 is also in possession of an exposed firearm or projectile 132
149149 weapon for the lawful pursuit of game, or is in his or her 133
150150 dwelling unit or upon premises over which the actor has 134
151151 possession, authority or control , or is traveling in a 135
152152 continuous journey peaceably through this state. 136
153153 Subdivision (10) of subsection 1 of this section does not 137
154154 apply if the firearm is otherwise lawfully possessed by a 138
155155 person while traversing school premises for the purposes of 139
156156 transporting a student to or from school, or possessed by an 140
157157 adult for the purposes of facilitation of a school - 141
158158 sanctioned firearm-related event or club event. 142
159159 4. Subdivisions (1), (8), [and] (10), and (12) of 143
160160 subsection 1 of this section shall not apply to any person 144
161161 who has a valid concealed carry permit issued pursuant to 145 SB 339 6
162162 sections 571.101 to 571.121, a valid concealed carry 146
163163 endorsement issued before August 28, 2013, or a valid permit 147
164164 or endorsement to carry concealed firearms issued by another 148
165165 state or political subdivision of another state. 149
166166 5. Subdivisions (3), (4), (5), (6), (7), (8), (9), and 150
167167 (10) of subsection 1 of this section shall not apply to 151
168168 persons who are engaged in a lawful act of defense pursuant 152
169169 to section 563.031. 153
170170 6. Notwithstanding any provision of this section to 154
171171 the contrary, the state shall not prohibit any state 155
172172 employee from having a firearm in the employee's vehicle on 156
173173 the state's property provided that the vehicle is locked and 157
174174 the firearm is not visibl e. This subsection shall only 158
175175 apply to the state as an employer when the state employee's 159
176176 vehicle is on property owned or leased by the state and the 160
177177 state employee is conducting activities within the scope of 161
178178 his or her employment. For the purposes of this subsection, 162
179179 "state employee" means an employee of the executive, 163
180180 legislative, or judicial branch of the government of the 164
181181 state of Missouri. 165
182182 7. (1) Subdivision (10) of subsection 1 of this 166
183183 section shall not apply to a person who is a sch ool officer 167
184184 commissioned by the district school board under section 168
185185 162.215 or who is a school protection officer, as described 169
186186 under section 160.665. 170
187187 (2) Nothing in this section shall make it unlawful for 171
188188 a student to actually participate in sch ool-sanctioned gun 172
189189 safety courses, student military or ROTC courses, or other 173
190190 school-sponsored or club-sponsored firearm-related events, 174
191191 provided the student does not carry a firearm or other 175
192192 weapon readily capable of lethal use into any school, onto 176
193193 any school bus, or onto the premises of any other function 177 SB 339 7
194194 or activity sponsored or sanctioned by school officials or 178
195195 the district school board. 179
196196 8. A person who commits the [crime] offense of 180
197197 unlawful use of weapons under: 181
198198 (1) Subdivision (2), (3), (4), or (11) of subsection 1 182
199199 of this section shall be guilty of a class E felony; 183
200200 (2) Subdivision (1), (6), (7), or (8) of subsection 1 184
201201 of this section shall be guilty of a class B misdemeanor, 185
202202 except when a concealed weapon is carried ont o any private 186
203203 property whose owner has posted the premises as being off - 187
204204 limits to concealed firearms by means of one or more signs 188
205205 displayed in a conspicuous place of a minimum size of eleven 189
206206 inches by fourteen inches with the writing thereon in 190
207207 letters of not less than one inch, in which case the 191
208208 penalties of subsection 2 of section 571.107 shall apply; 192
209209 (3) Subdivision (5) or (10) of subsection 1 of this 193
210210 section shall be guilty of a class A misdemeanor if the 194
211211 firearm is unloaded and a class E felony if the firearm is 195
212212 loaded; 196
213213 (4) Subdivision (9) of subsection 1 of this section 197
214214 shall be guilty of a class B felony, except that if the 198
215215 violation of subdivision (9) of subsection 1 of this section 199
216216 results in injury or death to another perso n, it is a class 200
217217 A felony; or 201
218218 (5) Subdivision (12) of subsection 1 of this section 202
219219 shall be guilty of a class A misdemeanor for the first 203
220220 offense and a class E felony for a second or subsequent 204
221221 offense. 205
222222 9. Violations of subdivision (9) of s ubsection 1 of 206
223223 this section shall be punished as follows: 207 SB 339 8
224224 (1) For the first violation a person shall be 208
225225 sentenced to the maximum authorized term of imprisonment for 209
226226 a class B felony; 210
227227 (2) For any violation by a prior offender as defined 211
228228 in section 558.016, a person shall be sentenced to the 212
229229 maximum authorized term of imprisonment for a class B felony 213
230230 without the possibility of parole, probation or conditional 214
231231 release for a term of ten years; 215
232232 (3) For any violation by a persistent offe nder as 216
233233 defined in section 558.016, a person shall be sentenced to 217
234234 the maximum authorized term of imprisonment for a class B 218
235235 felony without the possibility of parole, probation, or 219
236236 conditional release; 220
237237 (4) For any violation which results in injur y or death 221
238238 to another person, a person shall be sentenced to an 222
239239 authorized disposition for a class A felony. 223
240240 10. Any person knowingly aiding or abetting any other 224
241241 person in the violation of subdivision (9) of subsection 1 225
242242 of this section shall be subject to the same penalty as that 226
243243 prescribed by this section for violations by other persons. 227
244244 11. Notwithstanding any other provision of law, no 228
245245 person who pleads guilty to or is found guilty of a felony 229
246246 violation of subsection 1 of this sectio n shall receive a 230
247247 suspended imposition of sentence if such person has 231
248248 previously received a suspended imposition of sentence for 232
249249 any other firearms- or weapons-related felony offense. 233
250250 12. As used in this section "qualified retired peace 234
251251 officer" means an individual who: 235
252252 (1) Retired in good standing from service with a 236
253253 public agency as a peace officer, other than for reasons of 237
254254 mental instability; 238 SB 339 9
255255 (2) Before such retirement, was authorized by law to 239
256256 engage in or supervise the prevent ion, detection, 240
257257 investigation, or prosecution of, or the incarceration of 241
258258 any person for, any violation of law, and had statutory 242
259259 powers of arrest; 243
260260 (3) Before such retirement, was regularly employed as 244
261261 a peace officer for an aggregate of fifteen years or more, 245
262262 or retired from service with such agency, after completing 246
263263 any applicable probationary period of such service, due to a 247
264264 service-connected disability, as determined by such agency; 248
265265 (4) Has a nonforfeitable right to benefits under the 249
266266 retirement plan of the agency if such a plan is available; 250
267267 (5) During the most recent twelve -month period, has 251
268268 met, at the expense of the individual, the standards for 252
269269 training and qualification for active peace officers to 253
270270 carry firearms; 254
271271 (6) Is not under the influence of alcohol or another 255
272272 intoxicating or hallucinatory drug or substance; and 256
273273 (7) Is not prohibited by federal law from receiving a 257
274274 firearm. 258
275275 13. The identification required by subdivision (1) of 259
276276 subsection 2 of this section is: 260
277277 (1) A photographic identification issued by the agency 261
278278 from which the individual retired from service as a peace 262
279279 officer that indicates that the individual has, not less 263
280280 recently than one year before the date the individual is 264
281281 carrying the concealed firearm, been tested or otherwise 265
282282 found by the agency to meet the standards established by the 266
283283 agency for training and qualification for active peace 267
284284 officers to carry a firearm of the same type as the 268
285285 concealed firearm; or 269 SB 339 10
286286 (2) A photographic identification issued by the agency 270
287287 from which the individual retired from service as a peace 271
288288 officer; and 272
289289 (3) A certification issued by the state in which the 273
290290 individual resides that indicates that the individual has, 274
291291 not less recently than one year before the date the 275
292292 individual is carrying the concealed firearm, been tested or 276
293293 otherwise found by the state to meet the standards 277
294294 established by the state for training and qualification for 278
295295 active peace officers to carry a firea rm of the same type as 279
296296 the concealed firearm. 280
297297