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. 346
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR MOSLEY.
0048S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 571.070 and 571.080, RSMo, and to enact in lieu thereof three new sections
relating to firearms, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 571.070 and 571.080, RSMo, are 1
repealed and three new sections enacted in lieu thereof, to be 2
known as sections 571.023, 571.0 70, and 571.080, to read as 3
follows:4
571.023. 1. As used in this section the following 1
terms mean: 2
(1) "Assault weapon", any: 3
(a) Semi-automatic rifle that has the capacity to 4
accept a detachable magazine and has one or more of the 5
following: 6
a. A pistol grip or thumbhole stock; 7
b. Any feature capable of functioning as a protruding 8
grip that can be held by the nontrigger hand; 9
c. A folding or telescoping stock; or 10
d. A shroud attached to the barrel, or that pa rtially 11
or completely encircles the barrel, that allows the bearer 12
to hold the firearm with the nontrigger hand without being 13
burned, excluding a slide that encloses the barrel; 14
(b) Semi-automatic pistol or semi -automatic rifle with 15
a fixed magazine that has the capacity to accept more than 16
ten rounds of ammunition; 17
(c) Semi-automatic pistol that has the capacity to 18
accept a detachable magazine and has: 19 SB 346 2
a. Any feature capable of functioning as a protruding 20
grip that can be held by t he nontrigger hand; 21
b. A folding, telescoping, or thumbhole stock; 22
c. A shroud attached to the barrel, or that partially 23
or completely encircles the barrel, that allows the bearer 24
to hold the firearm with the nontrigger hand without being 25
burned, excluding a slide that encloses the barrel; or 26
d. The capacity to accept a detachable magazine at any 27
location other than the pistol grip; 28
(d) Semi-automatic shotgun that has: 29
a. A pistol grip or thumbhole stock; 30
b. Any feature capable of functioning as a protruding 31
grip that can be held by the nontrigger hand; 32
c. A folding or telescoping stock; 33
d. A fixed magazine capacity in excess of five rounds; 34
or 35
e. An ability to accept a detachable magazine; 36
(e) Shotgun with a revolving cylinder; or 37
(f) Conversion kit, part, or combination of parts from 38
which an assault weapon can be assembled if in the 39
possession or under the control of a single person. 40
"Assault weapon" shall not include any firearm mad e 41
permanently inoperable; 42
(2) "Detachable magazine", either: 43
(a) An ammunition feeding device that can be loaded or 44
unloaded while detached from a firearm and can be readily 45
inserted into a firearm; or 46
(b) A magazine that can be detach ed from a firearm by 47
pressing a button on the firearm either with a finger, tool, 48
or bullet; 49 SB 346 3
(3) "Fixed magazine", an ammunition feeding device 50
contained in, or permanently attached to, a firearm in such 51
a manner that the device cannot be removed without 52
disassembly of the firearm action; 53
(4) "Large capacity magazine", any ammunition feeding 54
device with the capacity to accept more than ten rounds, but 55
excluding: 56
(a) A feeding device that has been permanently altered 57
so that it cannot accommodate more than ten rounds; 58
(b) A twenty-two caliber tubular magazine; or 59
(c) A tubular magazine contained in a lever -action 60
firearm. 61
2. No person, corporation, or other entity in the 62
state of Missouri shall manufacture, import , possess, 63
purchase, sell, or transfer any assault weapon or large 64
capacity magazine. 65
3. The provisions of this section shall not apply to: 66
(1) Any government officer, agent, or employee; member 67
of the United States Armed Forces; or peace of ficer, to the 68
extent that the person is authorized to acquire or possess 69
an assault weapon or large capacity magazine and does so 70
while acting within the scope of his or her duties; 71
(2) The manufacture of an assault weapon or large 72
capacity magazine by a firearms manufacturer for the purpose 73
of sale to an entity or person described under subdivision 74
(1) of this subsection, provided that the manufacturer is 75
properly licensed under federal and state laws; 76
(3) The sale or transfer of an assa ult weapon or large 77
capacity ammunition feeding device by a dealer, who is 78
properly licensed under federal, state, and local laws, to 79
an entity or person described under subdivision (1) of this 80 SB 346 4
subsection for use by that entity or person for official 81
purposes; or 82
(4) Any person who, prior to and continuously since 83
the effective date of this section, was legally in 84
possession of an assault weapon or large capacity magazine. 85
4. A violation of this section is a class C felony. 86
571.070. 1. A person commits the offense of unlawful 1
possession of a firearm if such person knowingly has any 2
firearm in his or her possession and: 3
(1) Such person has been convicted of a felony under 4
the laws of this state, or of a crime u nder the laws of any 5
state or of the United States which, if committed within 6
this state, would be a felony; or 7
(2) Such person is a fugitive from justice, is 8
habitually in an intoxicated or drugged condition, or is 9
currently adjudged mentally in competent or has been 10
committed to any state mental institution at sixteen years 11
of age or older. 12
2. Unlawful possession of a firearm is a class C 13
felony, unless a person has been convicted of a dangerous 14
felony as defined in section 556.061, or the person has a 15
prior conviction for unlawful possession of a firearm in 16
which case it is a class B felony. 17
3. The provisions of subdivision (1) of subsection 1 18
of this section shall not apply to the possession of an 19
antique firearm. 20
571.080. A person commits the [crime] offense of 1
transfer of a concealable firearm if such person violates 18 2
U.S.C. Section 922(b) , 18 U.S.C. Section 922(t), or 18 3
U.S.C. Section 922(x). 4