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Missouri Senate Bill SB463

Missouri 2025 Regular Session

Missouri Senate Bill SB463 Compare Versions

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22 FIRST REGULAR SESSION
33 SENATE BILL NO. 463
44 103RD GENERAL ASSEMBLY
55 INTRODUCED BY SENATOR LEWIS.
66 1345S.01I KRISTINA MARTIN, Secretary
77 AN ACT
88 To repeal section 542.271, RSMo, and to enact in lieu thereof fifteen new sections relating to
99 firearms violence prevention, with penalty provisions.
1010
1111 Be it enacted by the General Assembly of the State of Missouri, as follows:
1212 Section A. Section 542.271, RSMo, is repealed and fifteen 1
1313 new sections enacted in lieu thereof, to be known as sections 2
1414 542.271, 571.801, 571.802, 571.803, 571.804, 571.805, 571.806, 3
1515 571.808, 571.809, 571.810, 571.811, 571.812, 571.813, 571.814, 4
1616 and 571.815, to read as fol lows:5
1717 542.271. 1. A warrant may be issued to search for and 1
1818 seize, or photograph, copy or record any of the following: 2
1919 (1) Property, article, material, or substance that 3
2020 constitutes evidence of the commission of a criminal 4
2121 offense; or 5
2222 (2) Property which has been stolen or acquired in any 6
2323 other manner declared an offense by chapters 569 and 570; or 7
2424 (3) Property owned by any person furnishing public 8
2525 communications services to the general public subject to the 9
2626 regulations of the public service commission if such person 10
2727 has failed to remove the property within a reasonable time 11
2828 after receipt of a written notice from a peace officer 12
2929 stating that such property is being used as an 13
3030 instrumentality in the commission of an offense; or 14
3131 (4) Property for which possession is an offense under 15
3232 the law of this state; or 16 SB 463 2
3333 (5) Property for which seizure is authorized or 17
3434 directed by any statute of this state; or 18
3535 (6) Property which has been used by the owner or used 19
3636 with his acquiescence or consent as a raw material or as an 20
3737 instrument to manufacture or produce any thing for which 21
3838 possession is an offense under the laws of this state. 22
3939 2. A warrant may be issued to search for and rescue a 23
4040 kidnapped person. 24
4141 3. A warrant may be issued to search for any person 25
4242 for whom a valid felony arrest warrant is outstanding. 26
4343 4. A warrant may be issued to search for and seize any 27
4444 deceased human fetus or corpse, or part thereof. 28
4545 5. A warrant may be issued to sear ch for and seize any 29
4646 firearm in the possession of a person subject to an extreme 30
4747 risk protection order or temporary extreme risk protection 31
4848 order under sections 571.801 to 571.815 if there is probable 32
4949 cause to believe the person is in possession of one or more 33
5050 firearms. 34
5151 6. The provisions of sections 542.261 to 542.296 and 35
5252 section 542.301 shall prevail over any rules and regulations 36
5353 promulgated by any state governmental agency, commission or 37
5454 board, to the contrary notwithstanding. 38
5555 571.801. Sections 571.801 to 571.815 shall be known 1
5656 and may be cited as the "Firearm Violence Prevention Act". 2
5757 571.802. As used in sections 571.801 to 571.815, the 1
5858 following terms mean: 2
5959 (1) "Extreme risk protection order" , either a 3
6060 temporary order or a continuing order granted under sections 4
6161 571.801 to 571.815; 5
6262 (2) "Family or household member", with respect to a 6
6363 respondent, any: 7 SB 463 3
6464 (a) Person related by blood, marriage, or adoption to 8
6565 the respondent; 9
6666 (b) Person who has a child in common with the 10
6767 respondent, regardless of whether such person has been 11
6868 married to the respondent or has lived together with the 12
6969 respondent at any time; 13
7070 (c) Person who regularly resides with the respondent 14
7171 or regularly resided with the respondent within the last six 15
7272 months; 16
7373 (d) Domestic partner of the respondent; 17
7474 (e) Person who has a biological or legal parent -child 18
7575 relationship with the respondent, including stepparents and 19
7676 stepchildren and grandparents an d grandchildren; 20
7777 (f) Dating partner of the respondent; or 21
7878 (g) Person who is acting or has acted as the 22
7979 respondent's legal guardian; 23
8080 (3) "Firearm", any handgun, rifle, shotgun, or other 24
8181 instrument or device capable or intended to be capa ble of 25
8282 discharging bullets, cartridges, or other explosive charges; 26
8383 (4) "Petitioner", the person who petitions for an 27
8484 extreme risk protection order under sections 571.801 to 28
8585 571.815; 29
8686 (5) "Respondent", the person who is identified as the 30
8787 respondent in a petition filed under sections 571.801 to 31
8888 571.815. 32
8989 571.803. 1. A family or household member of the 1
9090 respondent or a law enforcement officer or agency may 2
9191 request a temporary extreme risk protection order without 3
9292 notice to the respondent by including in the petition for an 4
9393 extreme risk protection order an affidavit, signed under 5
9494 oath and penalty of perjury, supporting the issuance of a 6
9595 temporary extreme risk protection order that sets forth the 7 SB 463 4
9696 facts to establish the g rounds of the petition or the reason 8
9797 for believing the grounds exist. The petition shall comply 9
9898 with the requirements of subsection 3 of section 571.804. 10
9999 If an application described under section 632.305 is also 11
100100 filed relating to the respondent, the court may hear that 12
101101 application at the same time as a hearing for an extreme 13
102102 risk protection order. 14
103103 2. In considering whether to issue a temporary extreme 15
104104 risk protection order under this section, the court shall 16
105105 consider all relevant evidence, i ncluding the evidence 17
106106 described under subsection 3 of section 571.805. 18
107107 3. If a court finds by a preponderance of the evidence 19
108108 that, based on the evidence presented under subsection 3 of 20
109109 section 571.805, the respondent poses a significant risk of 21
110110 causing personal injury to self or others by having in his 22
111111 or her custody or control a firearm or by purchasing, 23
112112 possessing, or receiving a firearm, the court shall issue a 24
113113 temporary extreme risk protection order. 25
114114 4. The court shall hold a tempora ry extreme risk 26
115115 protection order hearing in person or by telephone on the 27
116116 day the petition is filed or on the court day immediately 28
117117 following the day the petition is filed. 29
118118 5. (1) In accordance with subsection 1 of section 30
119119 571.805, the court sha ll schedule a hearing within seven 31
120120 days after the issuance of a temporary extreme risk 32
121121 protection order to determine if a one -hundred-eighty-two- 33
122122 day extreme risk protection order should be issued. Notice 34
123123 of the hearing date shall be included with the temporary 35
124124 extreme risk protection order served on the respondent. The 36
125125 court shall provide notice of the hearing date to the 37
126126 petitioner. Either party may request a different date for 38
127127 the hearing that is beyond the initial seven days but no 39 SB 463 5
128128 later than an additional seven days from the issuance of the 40
129129 temporary extreme risk protection order with good cause 41
130130 shown. If the court reschedules the hearing, the court 42
131131 shall provide notice of the new date to the petitioner and 43
132132 respondent, and the temporary extreme risk protection order 44
133133 shall stay in effect until the new hearing date. 45
134134 (2) Any issued temporary extreme risk protection order 46
135135 shall expire on the date and time of the hearing on the 47
136136 extreme risk protection order petition or upon the 48
137137 withdrawal of the petition. 49
138138 6. A temporary extreme risk protection order shall 50
139139 include: 51
140140 (1) A statement of the grounds asserted for the order; 52
141141 (2) The date and time the order is issued; 53
142142 (3) The date and time the order expires; 54
143143 (4) The address of the court in which any responsive 55
144144 pleading shall be filed; 56
145145 (5) The date and time of the scheduled hearing; 57
146146 (6) The requirements for surrender of firearms under 58
147147 section 571.809; and 59
148148 (7) The following statement: 60
149149 61
150150 62
151151 To the subject of this temporary extreme risk protection
152152 order:
153153
154154 63
155155 64
156156 65
157157 66
158158 67
159159 68
160160 69
161161 70
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163163 72
164164 73
165165 This order is valid until the date and time noted above.
166166 You shall not have in your custody or control a firearm or
167167 purchase, possess, receive, or attempt to purchase or
168168 receive a firearm while this order is in effect. You must
169169 immediately surrender to t he __________ (law enforcement
170170 agency in the jurisdiction where the respondent resides)
171171 all firearms in your custody, control, or possession, and
172172 any concealed carry permit issued to you. A hearing will
173173 be held on the date and at the time noted above to
174174 determine if a full extreme risk protection order should be
175175 issued. Failure to appear at that hearing may result in a
176176 SB 463 6
177177 7. A law enforcement officer shall serve a temporary 77
178178 extreme risk protection order concurrently with the notice 78
179179 of hearing and petition in the same manner as under section 79
180180 571.805 for service of the notice of hearing where the 80
181181 respondent resides or where the firearms of concern are 81
182182 located. 82
183183 8. (1) If the court issues a temporary extreme risk 83
184184 protection order, the court shall state the particular 84
185185 reasons for the court's issuance. 85
186186 (2) If the court declines to issue a temporary extreme 86
187187 risk protection order, the court shall state the particular 87
188188 reasons for the court's denial. 88
189189 571.804. 1. A petition for an extreme risk protection 1
190190 order may be filed by a family or household member of the 2
191191 respondent or a law enforcement officer or agency. If the 3
192192 petition is filed by a law enforcement officer or agency, 4
193193 the officer or agency shall be represented in any judicial 5
194194 proceeding by a county or city attorney upon request . If 6
195195 the petition is filed by a family or household member, the 7
196196 petitioner, to the best of his or her ability, shall notify 8
197197 the law enforcement agency in the jurisdiction where the 9
198198 respondent resides or where the firearms are located of the 10
199199 petition and of the hearing date with enough advance notice 11
200200 to allow for participation or attendance. 12
201201 2. A petition for an extreme risk protection order 13
202202 shall be filed with a court in the county where the 14
203203 respondent resides or where the firearms are locate d. 15
204204 3. A petition shall: 16
205205 74
206206 75
207207 76
208208 court entering an order against you that is valid for one
209209 hundred eighty-two days. You may seek the advice of an
210210 attorney as to any matte r connected with this order. SB 463 7
211211 (1) Allege that the respondent poses a significant 17
212212 risk of causing personal injury to self or others by having 18
213213 in his or her custody or control a firearm or by purchasing, 19
214214 possessing, or receiving a firearm. The allegation shall be 20
215215 accompanied by an affidavit, signed under oath and penalty 21
216216 of perjury, stating the specific statements, actions, or 22
217217 facts that give rise to a reasonable fear of future 23
218218 dangerous acts by the respondent; 24
219219 (2) Identify the number, typ es, and locations of any 25
220220 firearms the petitioner believes to be in the respondent's 26
221221 current ownership, possession, custody, or control; 27
222222 (3) Identify whether the respondent is a party to an 28
223223 existing domestic abuse protection order; and 29
224224 (4) Identify any pending lawsuit, complaint, petition, 30
225225 or other action between the parties to the petition pursuant 31
226226 to Missouri law or federal law. 32
227227 4. The court shall verify the terms of any existing 33
228228 order identified under subdivision (3) of subsection 3 of 34
229229 this section governing the parties. The court shall not 35
230230 delay granting relief because of the existence of a pending 36
231231 action between the parties or the necessity of verifying the 37
232232 terms of an existing order. A petition for an extreme risk 38
233233 protection order may be granted regardless of a pending 39
234234 action between the parties. 40
235235 5. If the petitioner is a law enforcement officer or 41
236236 agency, the petitioner shall make a good -faith effort to 42
237237 provide notice to a family or household member of the 43
238238 respondent and to any known third party who may be at risk 44
239239 of violence. The notice shall state that the petitioner 45
240240 intends to file, or has already so filed, a petition for an 46
241241 extreme risk protection order and shall include referrals to 47
242242 appropriate resources including, but not limited to, mental 48 SB 463 8
243243 health, domestic violence, and counseling resources. The 49
244244 petitioner shall attest in the petition to having provided 50
245245 the notice or attest to the steps that will be taken to 51
246246 provide the notice. 52
247247 6. If the petition states that disclosure of the 53
248248 petitioner's address would risk harm to the petitioner or 54
249249 any family or household member of the petitioner, the 55
250250 petitioner's address may be omitted from all documents filed 56
251251 with the court. If the petitioner has not d isclosed an 57
252252 address under this subsection, the petitioner shall 58
253253 designate an alternative address at which the respondent may 59
254254 serve notice of any motions. If the petitioner is a law 60
255255 enforcement officer or agency, the address of record shall 61
256256 be that of the law enforcement agency. 62
257257 7. A court or public agency shall not charge a fee for 63
258258 filing or service of process to a petitioner seeking relief 64
259259 under sections 571.801 to 571.815. A petitioner shall be 65
260260 provided the necessary number of certified co pies, forms, 66
261261 and instructional brochures free of charge. 67
262262 8. A person shall not be required to post a bond to 68
263263 obtain relief in any proceeding under this section. 69
264264 9. The associate circuit court and circuit courts of 70
265265 the state of Missouri shall have jurisdiction over 71
266266 proceedings under sections 571.801 to 571.815. 72
267267 571.805. 1. (1) Upon receipt of the petition, the 1
268268 court shall order a hearing and issue a notice to the 2
269269 respondent. The court shall provide the notice of the 3
270270 hearing no later than one court day after the date of the 4
271271 extreme risk protection order petition. The court may 5
272272 schedule a hearing by telephone to reasonably accommodate a 6
273273 disability or, in exceptional circumstances, to protect a 7
274274 petitioner from poten tial harm. The court shall require 8 SB 463 9
275275 assurances of the petitioner's identity before conducting a 9
276276 telephonic hearing. 10
277277 (2) On or before the next court day, the court clerk 11
278278 shall forward a copy of the notice of the hearing and 12
279279 petition to the law enf orcement agency in the jurisdiction 13
280280 where the respondent resides or where the firearms are 14
281281 located for service upon the respondent. 15
282282 (3) A copy of the notice of hearing and petition shall 16
283283 be served upon the respondent. Service issued under this 17
284284 section shall take precedence over the service of other 18
285285 documents unless the other documents are of a similar 19
286286 emergency nature. 20
287287 (4) The court may, as provided under section 571.803, 21
288288 issue a temporary extreme risk protection order pending the 22
289289 hearing ordered under subdivision (1) of this subsection. 23
290290 The temporary extreme risk protection order shall be served 24
291291 concurrently with the notice of hearing and petition. 25
292292 2. Upon hearing the matter, if the court finds by 26
293293 clear and convincing evidence , based on the evidence 27
294294 presented under subsection 3 of this section, that the 28
295295 respondent poses a significant risk of causing personal 29
296296 injury to self or others by having in his or her custody or 30
297297 control a firearm or by purchasing, possessing, or receiv ing 31
298298 a firearm, the court shall issue an extreme risk protection 32
299299 order for a period of one hundred eighty -two days. 33
300300 3. In determining whether grounds for an extreme risk 34
301301 protection order exist, the court may consider any relevant 35
302302 evidence including, but not limited to: 36
303303 (1) A recent act or credible threat of violence by the 37
304304 respondent against self or others, regardless of whether 38
305305 such violence or credible threat of violence involved a 39
306306 firearm; 40 SB 463 10
307307 (2) A pattern of acts or credible threats of violence 41
308308 by the respondent within the past year including, but not 42
309309 limited to, acts or credible threats of violence by the 43
310310 respondent against self or others; 44
311311 (3) Any relevant mental health issues of the 45
312312 respondent; 46
313313 (4) A violation of an order of protection issued under 47
314314 chapter 455, or a similar order issued by another state, by 48
315315 the respondent; 49
316316 (5) A previous or existing extreme risk protection 50
317317 order issued against the respondent and any violation of a 51
318318 previous or existing extre me risk protection order; 52
319319 (6) A conviction of the respondent for a crime that 53
320320 includes an underlying factual basis of domestic violence as 54
321321 defined under section 455.010; 55
322322 (7) The respondent's ownership, access to, or intent 56
323323 to possess a firearm; 57
324324 (8) A credible threat of or the unlawful or reckless 58
325325 use of a firearm by the respondent; 59
326326 (9) The history of use, attempted use, or threatened 60
327327 use of unlawful physical force by the respondent against 61
328328 another person, or the respondent's hi story of stalking 62
329329 under section 565.225 or 565.227; 63
330330 (10) Any prior arrest of the respondent for a crime 64
331331 listed under chapter 565 or 566 or section 578.012; 65
332332 (11) Corroborated evidence of the abuse of controlled 66
333333 substances or alcohol by the re spondent; and 67
334334 (12) Evidence of recent acquisition of a firearm or 68
335335 ammunition by the respondent. 69
336336 4. The court may: 70
337337 (1) Examine under oath the petitioner, the respondent, 71
338338 and any witnesses they may produce or, in lieu of 72 SB 463 11
339339 examination, consider sworn affidavits of the petitioner, 73
340340 the respondent, and any witnesses they may produce; and 74
341341 (2) Request a probation officer to conduct a criminal 75
342342 history record check related to the respondent and provide 76
343343 the results to the court under seal. 77
344344 5. The court shall allow the petitioner and respondent 78
345345 to present evidence, cross -examine witnesses, and be 79
346346 represented by an attorney at the hearing. 80
347347 6. In a hearing under sections 571.801 to 571.815, the 81
348348 rules of evidence shall apply to t he same extent as in a 82
349349 full order of protection proceeding under chapter 455. 83
350350 7. During the hearing, the court shall consider any 84
351351 available mental health evaluation or chemical dependency 85
352352 evaluation provided to the court. 86
353353 8. An extreme risk protection order shall include: 87
354354 (1) A statement of the grounds supporting the issuance 88
355355 of the order; 89
356356 (2) The date and time the order is issued; 90
357357 (3) The date and time the order expires; 91
358358 (4) The address of the court in which any resp onsive 92
359359 pleading shall be filed; 93
360360 (5) The requirements for relinquishment of firearms 94
361361 under section 571.809; and 95
362362 (6) The following statement: 96
363363 97 To the subject of this extreme risk protection order:
364364 98
365365 99
366366 100
367367 101
368368 102
369369 103
370370 104
371371 105
372372 This order will last until the date and time noted above.
373373 If you have not done so already, you must immediately
374374 surrender any firearms in your custody, control, or
375375 possession and any concealed carry permit issued to you.
376376 You shall not have in your custody or control a firearm or
377377 purchase, possess, receive, or attempt to purchase or
378378 receive a firearm while this order is in effect. You have
379379 the right to request one hearing to terminate this order
380380 SB 463 12
381381 9. If the court issues an extreme risk protection 110
382382 order, the court shall inform the respondent that he or she 111
383383 may request termination of the order in the manner 112
384384 prescribed under section 571.808. The court shall provide 113
385385 the respondent with a form to request a termination hearing. 114
386386 10. (1) If the court issues an extreme risk 115
387387 protection order, the court shall state the particular 116
388388 reasons for the court's issuance. 117
389389 (2) If the court denies the issuance of an extreme 118
390390 risk protection order, the court shall state the particular 119
391391 reasons for the court 's denial. 120
392392 571.806. 1. An extreme risk protection order issued 1
393393 under section 571.805 shall be served personally upon the 2
394394 respondent, except as otherwise provided under sections 3
395395 571.801 to 571.815. 4
396396 2. The law enforcement agen cy in the jurisdiction 5
397397 where the respondent resides or where the firearms are 6
398398 located shall serve the respondent personally. 7
399399 3. The court clerk shall forward a copy of the extreme 8
400400 risk protection order no later than the next court day to 9
401401 the law enforcement agency specified in the order for 10
402402 service. Service of an extreme risk protection order shall 11
403403 take precedence over the service of other documents unless 12
404404 the other documents are of a similar emergency nature. 13
405405 4. If the law enforcement a gency cannot complete 14
406406 service upon the respondent within five days, the law 15
407407 enforcement agency shall notify the petitioner. The 16
408408 petitioner shall then provide any additional information 17
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410410 107
411411 108
412412 109
413413 during the period that this or der is in effect, starting
414414 from the date of this order and continuing through any
415415 renewals. You may seek the advice of an attorney as to any
416416 matter connected with this order. SB 463 13
417417 regarding the respondent's location to the law enforcement 18
418418 agency to effect service. The law enforcement agency may 19
419419 request additional time to allow for the proper and safe 20
420420 planning and execution of the court order. 21
421421 5. If an extreme risk protection order entered by the 22
422422 court states that the respondent appeared in person before 23
423423 the court, the necessity for further service is waived, and 24
424424 proof of service of the order shall not be necessary. 25
425425 6. Returns of service under sections 571.801 to 26
426426 571.815 shall be made in accordance with the applicable 27
427427 court rules. 28
428428 7. If notice of an extreme risk protection order 29
429429 hearing cannot be served and if the respondent fails to 30
430430 appear at the hearing, the court may issue an extreme risk 31
431431 protection order under section 571.805. 32
432432 571.808. 1. The respondent may submit one written 1
433433 request for a hearing to terminate an extreme risk 2
434434 protection order for the period that the order is in 3
435435 effect. Upon receipt of the request for a hearing to 4
436436 terminate an extreme risk protection order, the court shall 5
437437 set a date for a hearing. Notice of the request shall be 6
438438 served on the petitioner. The hearing shall occur no sooner 7
439439 than fourteen days and no later than twenty -eight days after 8
440440 the date of service of the request upon the petitioner. The 9
441441 court shall terminate the extreme risk protection order if 10
442442 the respondent establishes by clear and convincing evidence 11
443443 that the respondent does not continue to pose a significant 12
444444 risk of personal injury to self or others by having in his 13
445445 or her custody or control a firearm or by purchasing, 14
446446 possessing, or receiving a firearm. The court may consider 15
447447 any relevant evidence, including evidence of the 16
448448 considerations listed under subsection 3 of section 571.805. 17 SB 463 14
449449 2. (1) The court shall notify the petitioner of t he 18
450450 impending expiration of an extreme risk protection order 19
451451 sixty-three calendar days before the date that the order 20
452452 expires. 21
453453 (2) A petitioner, a family or household member of a 22
454454 respondent, or a law enforcement officer or agency may, by 23
455455 motion, request a renewal of an extreme risk protection 24
456456 order at any time within sixty -three calendar days before 25
457457 the expiration of the order. 26
458458 (3) Upon receipt of the motion to renew, the court 27
459459 shall order that a hearing be held no later than fourteen 28
460460 days after the filing of the motion to renew. The court may 29
461461 schedule a hearing by telephone in the manner prescribed 30
462462 under subdivision (1) of subsection 1 of section 571.805. 31
463463 The respondent shall be personally served in the same manner 32
464464 prescribed under subdivisions (2) and (3) of subsection 1 of 33
465465 section 571.805. 34
466466 (4) In determining whether to renew an extreme risk 35
467467 protection order, the court shall consider all relevant 36
468468 evidence and follow the same procedure as provided under 37
469469 section 571.805. 38
470470 (5) If the court finds by clear and convincing 39
471471 evidence that, based on the evidence presented under 40
472472 subsection 3 of section 571.805, the respondent continues to 41
473473 pose a significant risk of personal injury to self or others 42
474474 by having in his or her cu stody or control a firearm or by 43
475475 purchasing, possessing, or receiving a firearm, the court 44
476476 shall renew the order for a period of time the court deems 45
477477 appropriate, not to exceed one hundred eighty -two days. In 46
478478 the order, the court shall set a return da te to review the 47
479479 order no later than thirty -five days prior to the expiration 48
480480 of the order. However, if, after notice, the motion for 49 SB 463 15
481481 renewal is uncontested and the petitioner seeks no 50
482482 modification of the order, the order may be renewed on the 51
483483 basis of the petitioner's motion or affidavit, signed under 52
484484 oath and penalty of perjury, stating that there has been no 53
485485 material change in relevant circumstances since the entry of 54
486486 the order and stating the reason for the requested renewal. 55
487487 571.809. 1. (1) Upon issuance of an extreme risk 1
488488 protection order under sections 571.801 to 571.815, 2
489489 including a temporary extreme risk protection order, the 3
490490 court shall order the respondent to surrender all firearms 4
491491 by either: 5
492492 (a) Selling or transferring possession of a firearm to 6
493493 a federally licensed firearms dealer defined under 18 U.S.C. 7
494494 Section 921, as amended. However, this paragraph shall not 8
495495 be interpreted to require any federally licensed firearms 9
496496 dealer to purchase or accept pos session of any firearm. If 10
497497 the respondent elects to sell his or her firearms, the 11
498498 respondent is entitled to the proceeds; or 12
499499 (b) Arranging for the storage of a firearm by a law 13
500500 enforcement agency. 14
501501 (2) The court shall order the respondent to surrender 15
502502 any concealed carry permit to the law enforcement officer 16
503503 serving the extreme risk protection order. 17
504504 2. (1) The law enforcement agency serving an extreme 18
505505 risk protection order, including a temporary extreme risk 19
506506 protection order, in w hich the petitioner is not a law 20
507507 enforcement agency or officer, shall request that the 21
508508 respondent immediately surrender all firearms in his or her 22
509509 custody, control, or possession and any concealed carry 23
510510 permit issued to the respondent and shall conduct any search 24
511511 permitted by law for such firearms or permit. After the law 25
512512 enforcement agency or officer has custody of the firearms, 26 SB 463 16
513513 the respondent may inform the law enforcement officer of his 27
514514 or her preference for sale, transfer, or storage of the 28
515515 firearms as specified under subsection 1 of this section. 29
516516 If the respondent elects to sell or transfer the firearms to 30
517517 a federally licensed firearms dealer described under 18 31
518518 U.S.C. Section 923, as amended, the law enforcement officer 32
519519 or agency shall maintain custody of the firearms until they 33
520520 are sold or transferred. The law enforcement officer shall 34
521521 take possession of all firearms and any such permit 35
522522 belonging to the respondent that are surrendered, in plain 36
523523 sight, or discovered pursuant to a lawf ul search. 37
524524 Alternatively, if personal service by the law enforcement 38
525525 agency is not possible or not required because the 39
526526 respondent was present at the extreme risk protection order 40
527527 hearing, the respondent shall surrender the firearms and any 41
528528 concealed carry permit after being served with the order by 42
529529 alternate service or after the hearing at which the 43
530530 respondent was present. 44
531531 (2) If the petitioner for an extreme risk protection 45
532532 order is a law enforcement agency or officer, the law 46
533533 enforcement officer serving the extreme risk protection 47
534534 order shall take custody of the respondent's firearms 48
535535 pursuant to the search warrant for firearms possessed by a 49
536536 dangerous person if a warrant is obtained. If the law 50
537537 enforcement agency obtains a search warr ant for firearms 51
538538 possessed by a dangerous person, the law enforcement officer 52
539539 shall request that the respondent immediately surrender all 53
540540 firearms in his or her custody, control, or possession and 54
541541 any concealed carry permit issued to the respondent and 55
542542 conduct any search permitted by law for such firearms or 56
543543 permit. After the law enforcement agency or officer has 57
544544 custody of the firearms, the respondent may inform the law 58 SB 463 17
545545 enforcement officer of his or her preference for sale, 59
546546 transfer, or storage o f the firearms. The law enforcement 60
547547 officer shall request that the respondent immediately 61
548548 surrender any concealed carry permit issued to the 62
549549 respondent and conduct any search permitted by law for the 63
550550 permit. 64
551551 3. At the time of surrender or taking custody, a law 65
552552 enforcement officer taking possession of a firearm or a 66
553553 concealed carry permit shall issue a receipt identifying all 67
554554 firearms and any permit that is surrendered or seized and 68
555555 provide a copy of the receipt to the respondent. Within 69
556556 seventy-two hours after service of the order, the officer 70
557557 serving the order shall file the original receipt with the 71
558558 court and shall ensure that his or her law enforcement 72
559559 agency retains a copy of the receipt or, if the officer does 73
560560 not take custody of an y firearms, shall file a statement to 74
561561 that effect with the court. 75
562562 4. Upon the sworn statement or testimony of the 76
563563 petitioner or of any law enforcement officer alleging 77
564564 probable cause that the respondent has failed to comply with 78
565565 the surrender of firearms as required by an extreme risk 79
566566 protection order, the court shall determine whether probable 80
567567 cause exists to believe that the respondent failed to 81
568568 surrender all firearms in his or her custody, control, or 82
569569 possession. If probable cause exists, the court shall issue 83
570570 a search warrant that states with particularity the places 84
571571 to be searched and the items to be seized. 85
572572 5. If a person other than the respondent claims title 86
573573 to any firearms surrendered or seized under this section and 87
574574 the law enforcement agency determines the person is the 88
575575 lawful owner of the firearm, the firearm shall be returned 89
576576 to the person if: 90 SB 463 18
577577 (1) The firearm is removed from the respondent's 91
578578 custody, control, or possession and the lawful owner agrees 92
579579 to store the firearm so that the respondent does not have 93
580580 access to or control of the firearm; and 94
581581 (2) The firearm is not otherwise unlawfully possessed 95
582582 by the lawful owner. 96
583583 6. (1) Within twenty-four hours of the issuance of an 97
584584 extreme risk protection order, a respondent shall either: 98
585585 (a) File proof with the court that issued the order 99
586586 showing that the respondent has relinquished or removed all 100
587587 firearms previously in the respondent's custody, control, or 101
588588 possession and surrendered any conceale d carry permit issued 102
589589 to the respondent. The respondent shall attest to the court 103
590590 that no firearms are currently in the respondent's custody, 104
591591 control, or possession and that the respondent does not 105
592592 currently have a concealed carry permit; or 106
593593 (b) Attest to the court that: 107
594594 a. At the time the order was issued, the respondent 108
595595 did not have any firearms in the respondent's custody, 109
596596 control, or possession and did not have a concealed carry 110
597597 permit; and 111
598598 b. The respondent does not currently have any firearms 112
599599 in the respondent's custody, control, or possession and does 113
600600 not currently have a concealed carry permit. 114
601601 (2) If the respondent does not comply with the 115
602602 requirements of subdivision (1) of this subsection within 116
603603 the twenty-four-hour period, the court clerk shall inform a 117
604604 law enforcement agency in the county in which the court is 118
605605 located that the respondent has not complied with 119
606606 subdivision (1) of this subsection. The law enforcement 120
607607 agency shall make a good -faith effort to determine whether 121
608608 the respondent has failed to relinquish any firearms in the 122 SB 463 19
609609 respondent's custody, control, or possession or failed to 123
610610 surrender a concealed carry permit. 124
611611 7. The POST commission, as defined under section 125
612612 590.010, shall develop mode l policies and procedures by 126
613613 December 1, 2025, regarding the acceptance, storage, sale, 127
614614 and return of firearms required to be surrendered under 128
615615 sections 571.801 to 571.815 or seized under subsection 5 of 129
616616 section 542.271 and shall provide those model po licies and 130
617617 procedures to all law enforcement agencies within the 131
618618 state. Each law enforcement agency shall adopt the model 132
619619 policies and procedures or adopt their own policies and 133
620620 procedures before January 1, 2026. 134
621621 571.810. 1. If an extreme risk protection order or 1
622622 temporary extreme risk protection order is terminated or 2
623623 expires without renewal, any law enforcement agency holding 3
624624 a firearm surrendered or seized under section 571.809 or 4
625625 seized under subsection 5 of section 542.271 shall return 5
626626 the firearm requested by a respondent only after confirming, 6
627627 through a criminal history record check, that the respondent 7
628628 is currently eligible to own or possess a firearm under 8
629629 federal and state law and after confirming with the court 9
630630 that the extreme risk protection order has terminated or has 10
631631 expired without renewal. 11
632632 2. Any firearm surrendered or seized under section 12
633633 571.809 or seized under subsection 5 of section 542.271 that 13
634634 remains unclaimed by the lawful owner for at least one year 14
635635 from the date the temporary extreme risk protection order or 15
636636 extreme risk protection order expired, whichever is later, 16
637637 shall be disposed in accordance with the law enforcement 17
638638 agency's policies and procedures for the disposal of 18
639639 firearms in police custody. 19 SB 463 20
640640 571.811. 1. The court clerk shall enter an extreme 1
641641 risk protection order or temporary extreme risk protection 2
642642 order into a statewide judicial information system on the 3
643643 same day the order is issued. 4
644644 2. The court clerk shall forward a copy of an extreme 5
645645 risk protection order or temporary extreme risk protection 6
646646 order the same day the order is issued to the Missouri state 7
647647 highway patrol and the law enforcement agency specified in 8
648648 the order. Upon receipt of the copy of the order, the law 9
649649 enforcement agency specified in the order shall enter the 10
650650 order into the National Instant Criminal Background Check 11
651651 System (NICS), any other federal or state computer -based 12
652652 systems used by law enforcement agencies or others to 13
653653 identify prohibited purchasers of firearms, and the Missouri 14
654654 uniform law enforcement system (MULES). The order shall 15
655655 remain in each system for the period stated in the order, 16
656656 and the law enforcement agency shall expunge from the 17
657657 systems only orders that have expired or been terminated. 18
658658 Entry into the computer -based criminal intelligence 19
659659 information system shall be notice to all law enforcement 20
660660 agencies of the existence of the order. The order shall be 21
661661 fully enforceable anywhere in the state. 22
662662 3. The issuing court shall, within three court days 23
663663 after issuance of an extreme risk protection order or a 24
664664 temporary extreme risk protection order, forward all 25
665665 identifying information the court has regarding the 26
666666 respondent, along with the date the order is issued, to the 27
667667 county sheriff in the jurisdiction where the respondent 28
668668 resides. Upon receipt of the information, the county 29
669669 sheriff shall determine if the respondent has a concealed 30
670670 carry permit. If the respondent does have a concealed c arry 31
671671 permit, the issuing county sheriff shall immediately revoke 32 SB 463 21
672672 the permit. The respondent may reapply for a concealed 33
673673 carry permit after the temporary extreme risk protection 34
674674 order and extreme risk protection order, if ordered, are no 35
675675 longer in effect. 36
676676 4. If an extreme risk protection order is terminated 37
677677 before its expiration date, the court clerk shall forward, 38
678678 on the same day as the termination order, a copy of the 39
679679 termination order to the highway patrol and the law 40
680680 enforcement agency sp ecified in the termination order. Upon 41
681681 receipt of the order, the law enforcement agency specified 42
682682 in the termination order shall promptly remove the order 43
683683 from any computer-based system in which it was entered under 44
684684 subsection 2 of this section. 45
685685 571.812. Any person who has in his or her custody or 1
686686 control a firearm or purchases, possesses, or receives a 2
687687 firearm with knowledge that he or she is prohibited from 3
688688 doing so by an extreme risk protection order or temporary 4
689689 extreme risk protection order shall be guilty of a class B 5
690690 misdemeanor. However, such person shall be guilty of a 6
691691 class E felony if the person has two or more previous 7
692692 convictions for violating an extreme risk protection order. 8
693693 571.813. Sections 571.801 to 571.815 shall not affect 1
694694 the ability of a law enforcement officer to remove a firearm 2
695695 or concealed carry permit from a person or conduct a search 3
696696 and seizure for any firearm pursuant to other lawful 4
697697 authority. 5
698698 571.814. Except as provided under section 571.812, 1
699699 sections 571.801 to 571.815 shall not impose criminal or 2
700700 civil liability on any person or entity for acts or 3
701701 omissions made in good faith related to obtaining an extreme 4
702702 risk protection order or a tempora ry extreme risk protection 5
703703 order including, but not limited to, reporting, declining to 6 SB 463 22
704704 report, investigating, declining to investigate, filing, or 7
705705 declining to file a petition under sections 571.801 to 8
706706 571.815. 9
707707 571.815. 1. (1) The office of state courts 1
708708 administrator shall develop standard petitions, extreme risk 2
709709 protection order forms, and temporary extreme risk 3
710710 protection order forms in more than one language consistent 4
711711 with state judicial branch practices. The standard petition 5
712712 and order forms shall be used after December 31, 2025, for 6
713713 all extreme risk protection order petitions and extreme risk 7
714714 protection orders. The office of state courts administrator 8
715715 may consult with interested parties in developing the 9
716716 petitions and forms. The materials shall be available 10
717717 online consistent with state judicial branch practices. 11
718718 (2) The extreme risk protection order form shall 12
719719 include, in a conspicuous location, notice of criminal 13
720720 penalties resulting from violation of the order and the 14
721721 following statement: 15
722722 2. A court clerk for each judicial district shall 20
723723 create a community resource list that includes, but is not 21
724724 limited to, crisis intervention, mental health, substance 22
725725 abuse, interpreter, counseling, and other relevant resources 23
726726 serving the county in which the court is located. The court 24
727727 shall make the community resource list available as part of 25
728728 or in addition to the materials described under subdivision 26
729729 (1) of subsection 1 of this section. 27
730730 16
731731 17
732732 18
733733 19
734734 You have the sole responsibility to avoid or
735735 refrain from violating this extreme risk
736736 protection order's provisions. Only the court can
737737 change the order and only upon written motion.
738738 SB 463 23
739739 3. The office of state cour ts administrator shall 28
740740 distribute a master copy of the standard petition and 29
741741 extreme risk protection order forms to all circuit courts. 30
742742 4. Before March first of each year, the office of 31
743743 state courts administrator shall issue to the speaker of the 32
744744 house of representatives, president pro tempore of the 33
745745 senate, chief justice of the supreme court, and governor 34
746746 statistics related to extreme risk protection orders in the 35
747747 preceding calendar year. The statistics shall include, but 36
748748 not be limited to: 37
749749 (1) The number of petitions filed for temporary 38
750750 extreme risk protection orders; 39
751751 (2) The number of petitions filed for extreme risk 40
752752 protection orders; 41
753753 (3) The number of temporary extreme risk protection 42
754754 orders issued and denied; 43
755755 (4) The number of extreme risk protection orders 44
756756 issued and denied; 45
757757 (5) The number of temporary extreme risk protection 46
758758 orders terminated; 47
759759 (6) The number of extreme risk protection orders 48
760760 terminated; and 49
761761 (7) The number of extreme risk p rotection orders 50
762762 renewed. 51
763763