Missouri 2025 Regular Session

Missouri Senate Bill SB34 Compare Versions

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

Old	New	Differences
1	1
2	2	FIRST REGULAR SESSION
3	3	SENATE BILL NO. 34
4	4	103RD GENERAL ASSEMBLY
5	5	INTRODUCED BY SENATOR ROBERTS.
6	6	0532S.01I KRISTINA MARTIN, Secretary
7	7	AN ACT
8	8	To repeal section 571.095, RSMo, and to enact in lieu thereof two new sections relating to unlawful
9	9	possession of a firearm by a minor, with penalty provisions.
10	10
11	11	Be it enacted by the General Assembly of the State of Missouri, as follows:
12	12	Section A. Section 571.095, RSMo, is repealed and two new 1
13	13	sections enacted in lieu thereof, to be known as sections 2
14	14	571.068 and 571.095, to read as follows:3
15	15	571.068. 1. A person who is less than eighteen years 1
16	16	of age commits the offense of unlawful posse ssion of a 2
17	17	firearm by a minor if such person knowingly possesses a 3
18	18	handgun or ammunition that is only suitable for a handgun. 4
19	19	2. The offense of unlawful possession of a firearm by 5
20	20	a minor is a class A misdemeanor. 6
21	21	3. This offense shall not a pply to: 7
22	22	(1) A temporary transfer of a handgun or ammunition to 8
23	23	a person under the age of eighteen or the possession or use 9
24	24	of a handgun or ammunition by a person under the age of 10
25	25	eighteen if the handgun and ammunition are possessed and 11
26	26	used by such person in accordance with state law and any 12
27	27	ordinances of a political subdivision: 13
28	28	(a) In the course of employment; 14
29	29	(b) In the course of ranching or farming related to 15
30	30	activities at the residence of the person or on property 16
31	31	used for ranching or farming at which the person, with the 17 SB 34 2
32	32	permission of the property owner or lessee, is performing 18
33	33	activities related to the operation of the farm or ranch; or 19
34	34	(c) In the course of target practice, hunting, or 20
35	35	during instruction in the safe and lawful use of a handgun. 21
36	36	The person under the age of eighteen shall have the prior 22
37	37	written consent of the person's parent or guardian who is 23
38	38	not prohibited by federal or state law or any ordinance from 24
39	39	possessing a firearm and shall transport the ha ndgun 25
40	40	unloaded and in a locked container directly from the place 26
41	41	of transfer to the place at which the activity in this 27
42	42	subdivision is to take place; 28
43	43	(2) A person under the age of eighteen who is a member 29
44	44	of the Armed Forces of the United States or the National 30
45	45	Guard who possesses or is armed with a handgun in the line 31
46	46	of duty; 32
47	47	(3) A transfer by inheritance of title of a handgun or 33
48	48	ammunition to a person under the age of eighteen; or 34
49	49	(4) The possession of a handgun or ammunition by a 35
50	50	person under the age of eighteen taken in defense of the 36
51	51	person or other persons against an intruder into the 37
52	52	residence of the person or a residence in which the person 38
53	53	is invited as a guest. 39
54	54	4. As used in this section, "handgun" shall mean a 40
55	55	firearm which has a short stock and is designed to be held 41
56	56	and fired by the use of a single hand, and shall not include 42
57	57	an antique firearm as defined in section 571.010. 43
58	58	571.095. 1. Upon conviction for or attempting to 1
59	59	commit a felony in violation of any law perpetrated in whole 2
60	60	or in part by the use of a firearm, the court may, in 3
61	61	addition to the penalty provided by law for such offense, 4
62	62	order the confiscation and disposal or sale or trade to a 5 SB 34 3
63	63	licensed firearms dealer of firear ms and ammunition used in 6
64	64	the commission of the crime or found in the possession or 7
65	65	under the immediate control of the defendant at the time of 8
66	66	his or her arrest. 9
67	67	2. A firearm or ammunition which is in the possession 10
68	68	of a minor in violation of section 571.068, the possession 11
69	69	of which is transferred to the minor in circumstances in 12
70	70	which the transferor is not in violation of section 571.060 13
71	71	or section 571.080, shall not be subject to permanent 14
72	72	confiscation if its possession by the minor subse quently 15
73	73	becomes unlawful because of the conduct of the minor, but 16
74	74	shall be returned to the lawful owner when such firearm is 17
75	75	no longer required for the purposes of investigation or 18
76	76	prosecution. 19
77	77	3. The proceeds of any sale or gains from trade shal l 20
78	78	be the property of the police department or sheriff's 21
79	79	department responsible for the defendant's arrest or the 22
80	80	confiscation of the firearms and ammunition. If such 23
81	81	firearms or ammunition are not the property of the convicted 24
82	82	felon, they shall be re turned to their rightful owner if he 25
83	83	or she is known and was not a participant in the crime. Any 26
84	84	proceeds collected under this section shall be deposited 27
85	85	with the municipality or by the county treasurer into the 28
86	86	county sheriff's revolving fund establi shed in section 29
87	87	50.535. 30
88	88	