Missouri 2025 Regular Session

Missouri Senate Bill SB346 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. 346
66 103RD GENERAL ASSEMBLY
77 INTRODUCED BY SENATOR MOSLEY.
88 0048S.01I KRISTINA MARTIN, Secretary
99 AN ACT
1010 To repeal sections 571.070 and 571.080, RSMo, and to enact in lieu thereof three new sections
1111 relating to firearms, with penalty provisions.
1212
1313 Be it enacted by the General Assembly of the State of Missouri, as follows:
1414 Section A. Sections 571.070 and 571.080, RSMo, are 1
1515 repealed and three new sections enacted in lieu thereof, to be 2
1616 known as sections 571.023, 571.0 70, and 571.080, to read as 3
1717 follows:4
1818 571.023. 1. As used in this section the following 1
1919 terms mean: 2
2020 (1) "Assault weapon", any: 3
2121 (a) Semi-automatic rifle that has the capacity to 4
2222 accept a detachable magazine and has one or more of the 5
2323 following: 6
2424 a. A pistol grip or thumbhole stock; 7
2525 b. Any feature capable of functioning as a protruding 8
2626 grip that can be held by the nontrigger hand; 9
2727 c. A folding or telescoping stock; or 10
2828 d. A shroud attached to the barrel, or that pa rtially 11
2929 or completely encircles the barrel, that allows the bearer 12
3030 to hold the firearm with the nontrigger hand without being 13
3131 burned, excluding a slide that encloses the barrel; 14
3232 (b) Semi-automatic pistol or semi -automatic rifle with 15
3333 a fixed magazine that has the capacity to accept more than 16
3434 ten rounds of ammunition; 17
3535 (c) Semi-automatic pistol that has the capacity to 18
3636 accept a detachable magazine and has: 19 SB 346 2
3737 a. Any feature capable of functioning as a protruding 20
3838 grip that can be held by t he nontrigger hand; 21
3939 b. A folding, telescoping, or thumbhole stock; 22
4040 c. A shroud attached to the barrel, or that partially 23
4141 or completely encircles the barrel, that allows the bearer 24
4242 to hold the firearm with the nontrigger hand without being 25
4343 burned, excluding a slide that encloses the barrel; or 26
4444 d. The capacity to accept a detachable magazine at any 27
4545 location other than the pistol grip; 28
4646 (d) Semi-automatic shotgun that has: 29
4747 a. A pistol grip or thumbhole stock; 30
4848 b. Any feature capable of functioning as a protruding 31
4949 grip that can be held by the nontrigger hand; 32
5050 c. A folding or telescoping stock; 33
5151 d. A fixed magazine capacity in excess of five rounds; 34
5252 or 35
5353 e. An ability to accept a detachable magazine; 36
5454 (e) Shotgun with a revolving cylinder; or 37
5555 (f) Conversion kit, part, or combination of parts from 38
5656 which an assault weapon can be assembled if in the 39
5757 possession or under the control of a single person. 40
5858 "Assault weapon" shall not include any firearm mad e 41
5959 permanently inoperable; 42
6060 (2) "Detachable magazine", either: 43
6161 (a) An ammunition feeding device that can be loaded or 44
6262 unloaded while detached from a firearm and can be readily 45
6363 inserted into a firearm; or 46
6464 (b) A magazine that can be detach ed from a firearm by 47
6565 pressing a button on the firearm either with a finger, tool, 48
6666 or bullet; 49 SB 346 3
6767 (3) "Fixed magazine", an ammunition feeding device 50
6868 contained in, or permanently attached to, a firearm in such 51
6969 a manner that the device cannot be removed without 52
7070 disassembly of the firearm action; 53
7171 (4) "Large capacity magazine", any ammunition feeding 54
7272 device with the capacity to accept more than ten rounds, but 55
7373 excluding: 56
7474 (a) A feeding device that has been permanently altered 57
7575 so that it cannot accommodate more than ten rounds; 58
7676 (b) A twenty-two caliber tubular magazine; or 59
7777 (c) A tubular magazine contained in a lever -action 60
7878 firearm. 61
7979 2. No person, corporation, or other entity in the 62
8080 state of Missouri shall manufacture, import , possess, 63
8181 purchase, sell, or transfer any assault weapon or large 64
8282 capacity magazine. 65
8383 3. The provisions of this section shall not apply to: 66
8484 (1) Any government officer, agent, or employee; member 67
8585 of the United States Armed Forces; or peace of ficer, to the 68
8686 extent that the person is authorized to acquire or possess 69
8787 an assault weapon or large capacity magazine and does so 70
8888 while acting within the scope of his or her duties; 71
8989 (2) The manufacture of an assault weapon or large 72
9090 capacity magazine by a firearms manufacturer for the purpose 73
9191 of sale to an entity or person described under subdivision 74
9292 (1) of this subsection, provided that the manufacturer is 75
9393 properly licensed under federal and state laws; 76
9494 (3) The sale or transfer of an assa ult weapon or large 77
9595 capacity ammunition feeding device by a dealer, who is 78
9696 properly licensed under federal, state, and local laws, to 79
9797 an entity or person described under subdivision (1) of this 80 SB 346 4
9898 subsection for use by that entity or person for official 81
9999 purposes; or 82
100100 (4) Any person who, prior to and continuously since 83
101101 the effective date of this section, was legally in 84
102102 possession of an assault weapon or large capacity magazine. 85
103103 4. A violation of this section is a class C felony. 86
104104 571.070. 1. A person commits the offense of unlawful 1
105105 possession of a firearm if such person knowingly has any 2
106106 firearm in his or her possession and: 3
107107 (1) Such person has been convicted of a felony under 4
108108 the laws of this state, or of a crime u nder the laws of any 5
109109 state or of the United States which, if committed within 6
110110 this state, would be a felony; or 7
111111 (2) Such person is a fugitive from justice, is 8
112112 habitually in an intoxicated or drugged condition, or is 9
113113 currently adjudged mentally in competent or has been 10
114114 committed to any state mental institution at sixteen years 11
115115 of age or older. 12
116116 2. Unlawful possession of a firearm is a class C 13
117117 felony, unless a person has been convicted of a dangerous 14
118118 felony as defined in section 556.061, or the person has a 15
119119 prior conviction for unlawful possession of a firearm in 16
120120 which case it is a class B felony. 17
121121 3. The provisions of subdivision (1) of subsection 1 18
122122 of this section shall not apply to the possession of an 19
123123 antique firearm. 20
124124 571.080. A person commits the [crime] offense of 1
125125 transfer of a concealable firearm if such person violates 18 2
126126 U.S.C. Section 922(b) , 18 U.S.C. Section 922(t), or 18 3
127127 U.S.C. Section 922(x). 4
128128