FIRST REGULAR SESSION
SENATE BILL NO. 405
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR WASHINGTON.
0859S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 571, RSMo, by adding thereto one new section relating to firearms, with a
penalty provision.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 571, RSMo, is amended by adding thereto 1
one new section, to be known as section 571.023, to read as 2
follows:3
571.023. 1. As used in this section, the following 1
terms mean: 2
(1) "Assault weapon", any: 3
(a) Semiautomatic 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 partially 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) Semiautomatic pistol or s emiautomatic rifle with a 15
fixed magazine that has the capacity to accept more than ten 16
rounds of ammunition; 17 SB 405 2
(c) Semiautomatic pistol that has the capacity to 18
accept a detachable magazine and has: 19
a. Any feature capable of functioning as a p rotruding 20
grip that can be held by the 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) Semiautomatic 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 made 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 SB 405 3
(b) A magazine that can be detached from a firearm by 47
pressing a button on the firearm either with a finger, tool, 48
or bullet; 49
(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 officer, 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 ass ault 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 assault weapon or large 77
capacity ammunition feeding device by a dealer, who is 78 SB 405 4
properly licensed under federal, state, and local laws, to 79
an entity or person described under subdivision (1) of this 80
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