1 | 1 | | |
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2 | 2 | | EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted |
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3 | 3 | | and is intended to be omitted in the law. |
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4 | 4 | | FIRST REGULAR SESSION |
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5 | 5 | | SENATE BILL NO. 346 |
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6 | 6 | | 103RD GENERAL ASSEMBLY |
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7 | 7 | | INTRODUCED BY SENATOR MOSLEY. |
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8 | 8 | | 0048S.01I KRISTINA MARTIN, Secretary |
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9 | 9 | | AN ACT |
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10 | 10 | | To repeal sections 571.070 and 571.080, RSMo, and to enact in lieu thereof three new sections |
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11 | 11 | | relating to firearms, with penalty provisions. |
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12 | 12 | | |
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13 | 13 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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14 | 14 | | Section A. Sections 571.070 and 571.080, RSMo, are 1 |
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15 | 15 | | repealed and three new sections enacted in lieu thereof, to be 2 |
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16 | 16 | | known as sections 571.023, 571.0 70, and 571.080, to read as 3 |
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17 | 17 | | follows:4 |
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18 | 18 | | 571.023. 1. As used in this section the following 1 |
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19 | 19 | | terms mean: 2 |
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20 | 20 | | (1) "Assault weapon", any: 3 |
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21 | 21 | | (a) Semi-automatic rifle that has the capacity to 4 |
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22 | 22 | | accept a detachable magazine and has one or more of the 5 |
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23 | 23 | | following: 6 |
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24 | 24 | | a. A pistol grip or thumbhole stock; 7 |
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25 | 25 | | b. Any feature capable of functioning as a protruding 8 |
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26 | 26 | | grip that can be held by the nontrigger hand; 9 |
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27 | 27 | | c. A folding or telescoping stock; or 10 |
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28 | 28 | | d. A shroud attached to the barrel, or that pa rtially 11 |
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29 | 29 | | or completely encircles the barrel, that allows the bearer 12 |
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30 | 30 | | to hold the firearm with the nontrigger hand without being 13 |
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31 | 31 | | burned, excluding a slide that encloses the barrel; 14 |
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32 | 32 | | (b) Semi-automatic pistol or semi -automatic rifle with 15 |
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33 | 33 | | a fixed magazine that has the capacity to accept more than 16 |
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34 | 34 | | ten rounds of ammunition; 17 |
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35 | 35 | | (c) Semi-automatic pistol that has the capacity to 18 |
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36 | 36 | | accept a detachable magazine and has: 19 SB 346 2 |
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37 | 37 | | a. Any feature capable of functioning as a protruding 20 |
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38 | 38 | | grip that can be held by t he nontrigger hand; 21 |
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39 | 39 | | b. A folding, telescoping, or thumbhole stock; 22 |
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40 | 40 | | c. A shroud attached to the barrel, or that partially 23 |
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41 | 41 | | or completely encircles the barrel, that allows the bearer 24 |
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42 | 42 | | to hold the firearm with the nontrigger hand without being 25 |
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43 | 43 | | burned, excluding a slide that encloses the barrel; or 26 |
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44 | 44 | | d. The capacity to accept a detachable magazine at any 27 |
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45 | 45 | | location other than the pistol grip; 28 |
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46 | 46 | | (d) Semi-automatic shotgun that has: 29 |
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47 | 47 | | a. A pistol grip or thumbhole stock; 30 |
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48 | 48 | | b. Any feature capable of functioning as a protruding 31 |
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49 | 49 | | grip that can be held by the nontrigger hand; 32 |
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50 | 50 | | c. A folding or telescoping stock; 33 |
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51 | 51 | | d. A fixed magazine capacity in excess of five rounds; 34 |
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52 | 52 | | or 35 |
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53 | 53 | | e. An ability to accept a detachable magazine; 36 |
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54 | 54 | | (e) Shotgun with a revolving cylinder; or 37 |
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55 | 55 | | (f) Conversion kit, part, or combination of parts from 38 |
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56 | 56 | | which an assault weapon can be assembled if in the 39 |
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57 | 57 | | possession or under the control of a single person. 40 |
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58 | 58 | | "Assault weapon" shall not include any firearm mad e 41 |
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59 | 59 | | permanently inoperable; 42 |
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60 | 60 | | (2) "Detachable magazine", either: 43 |
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61 | 61 | | (a) An ammunition feeding device that can be loaded or 44 |
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62 | 62 | | unloaded while detached from a firearm and can be readily 45 |
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63 | 63 | | inserted into a firearm; or 46 |
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64 | 64 | | (b) A magazine that can be detach ed from a firearm by 47 |
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65 | 65 | | pressing a button on the firearm either with a finger, tool, 48 |
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66 | 66 | | or bullet; 49 SB 346 3 |
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67 | 67 | | (3) "Fixed magazine", an ammunition feeding device 50 |
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68 | 68 | | contained in, or permanently attached to, a firearm in such 51 |
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69 | 69 | | a manner that the device cannot be removed without 52 |
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70 | 70 | | disassembly of the firearm action; 53 |
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71 | 71 | | (4) "Large capacity magazine", any ammunition feeding 54 |
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72 | 72 | | device with the capacity to accept more than ten rounds, but 55 |
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73 | 73 | | excluding: 56 |
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74 | 74 | | (a) A feeding device that has been permanently altered 57 |
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75 | 75 | | so that it cannot accommodate more than ten rounds; 58 |
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76 | 76 | | (b) A twenty-two caliber tubular magazine; or 59 |
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77 | 77 | | (c) A tubular magazine contained in a lever -action 60 |
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78 | 78 | | firearm. 61 |
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79 | 79 | | 2. No person, corporation, or other entity in the 62 |
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80 | 80 | | state of Missouri shall manufacture, import , possess, 63 |
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81 | 81 | | purchase, sell, or transfer any assault weapon or large 64 |
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82 | 82 | | capacity magazine. 65 |
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83 | 83 | | 3. The provisions of this section shall not apply to: 66 |
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84 | 84 | | (1) Any government officer, agent, or employee; member 67 |
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85 | 85 | | of the United States Armed Forces; or peace of ficer, to the 68 |
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86 | 86 | | extent that the person is authorized to acquire or possess 69 |
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87 | 87 | | an assault weapon or large capacity magazine and does so 70 |
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88 | 88 | | while acting within the scope of his or her duties; 71 |
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89 | 89 | | (2) The manufacture of an assault weapon or large 72 |
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90 | 90 | | capacity magazine by a firearms manufacturer for the purpose 73 |
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91 | 91 | | of sale to an entity or person described under subdivision 74 |
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92 | 92 | | (1) of this subsection, provided that the manufacturer is 75 |
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93 | 93 | | properly licensed under federal and state laws; 76 |
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94 | 94 | | (3) The sale or transfer of an assa ult weapon or large 77 |
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95 | 95 | | capacity ammunition feeding device by a dealer, who is 78 |
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96 | 96 | | properly licensed under federal, state, and local laws, to 79 |
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97 | 97 | | an entity or person described under subdivision (1) of this 80 SB 346 4 |
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98 | 98 | | subsection for use by that entity or person for official 81 |
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99 | 99 | | purposes; or 82 |
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100 | 100 | | (4) Any person who, prior to and continuously since 83 |
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101 | 101 | | the effective date of this section, was legally in 84 |
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102 | 102 | | possession of an assault weapon or large capacity magazine. 85 |
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103 | 103 | | 4. A violation of this section is a class C felony. 86 |
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104 | 104 | | 571.070. 1. A person commits the offense of unlawful 1 |
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105 | 105 | | possession of a firearm if such person knowingly has any 2 |
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106 | 106 | | firearm in his or her possession and: 3 |
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107 | 107 | | (1) Such person has been convicted of a felony under 4 |
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108 | 108 | | the laws of this state, or of a crime u nder the laws of any 5 |
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109 | 109 | | state or of the United States which, if committed within 6 |
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110 | 110 | | this state, would be a felony; or 7 |
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111 | 111 | | (2) Such person is a fugitive from justice, is 8 |
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112 | 112 | | habitually in an intoxicated or drugged condition, or is 9 |
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113 | 113 | | currently adjudged mentally in competent or has been 10 |
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114 | 114 | | committed to any state mental institution at sixteen years 11 |
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115 | 115 | | of age or older. 12 |
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116 | 116 | | 2. Unlawful possession of a firearm is a class C 13 |
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117 | 117 | | felony, unless a person has been convicted of a dangerous 14 |
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118 | 118 | | felony as defined in section 556.061, or the person has a 15 |
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119 | 119 | | prior conviction for unlawful possession of a firearm in 16 |
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120 | 120 | | which case it is a class B felony. 17 |
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121 | 121 | | 3. The provisions of subdivision (1) of subsection 1 18 |
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122 | 122 | | of this section shall not apply to the possession of an 19 |
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123 | 123 | | antique firearm. 20 |
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124 | 124 | | 571.080. A person commits the [crime] offense of 1 |
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125 | 125 | | transfer of a concealable firearm if such person violates 18 2 |
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126 | 126 | | U.S.C. Section 922(b) , 18 U.S.C. Section 922(t), or 18 3 |
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127 | 127 | | U.S.C. Section 922(x). 4 |
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128 | 128 | | |
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