FIRST REGULAR SESSION
SENATE BILL NO. 463
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR LEWIS.
1345S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 542.271, RSMo, and to enact in lieu thereof fifteen new sections relating to
firearms violence prevention, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 542.271, RSMo, is repealed and fifteen 1
new sections enacted in lieu thereof, to be known as sections 2
542.271, 571.801, 571.802, 571.803, 571.804, 571.805, 571.806, 3
571.808, 571.809, 571.810, 571.811, 571.812, 571.813, 571.814, 4
and 571.815, to read as fol lows:5
542.271. 1. A warrant may be issued to search for and 1
seize, or photograph, copy or record any of the following: 2
(1) Property, article, material, or substance that 3
constitutes evidence of the commission of a criminal 4
offense; or 5
(2) Property which has been stolen or acquired in any 6
other manner declared an offense by chapters 569 and 570; or 7
(3) Property owned by any person furnishing public 8
communications services to the general public subject to the 9
regulations of the public service commission if such person 10
has failed to remove the property within a reasonable time 11
after receipt of a written notice from a peace officer 12
stating that such property is being used as an 13
instrumentality in the commission of an offense; or 14
(4) Property for which possession is an offense under 15
the law of this state; or 16 SB 463 2
(5) Property for which seizure is authorized or 17
directed by any statute of this state; or 18
(6) Property which has been used by the owner or used 19
with his acquiescence or consent as a raw material or as an 20
instrument to manufacture or produce any thing for which 21
possession is an offense under the laws of this state. 22
2. A warrant may be issued to search for and rescue a 23
kidnapped person. 24
3. A warrant may be issued to search for any person 25
for whom a valid felony arrest warrant is outstanding. 26
4. A warrant may be issued to search for and seize any 27
deceased human fetus or corpse, or part thereof. 28
5. A warrant may be issued to sear ch for and seize any 29
firearm in the possession of a person subject to an extreme 30
risk protection order or temporary extreme risk protection 31
order under sections 571.801 to 571.815 if there is probable 32
cause to believe the person is in possession of one or more 33
firearms. 34
6. The provisions of sections 542.261 to 542.296 and 35
section 542.301 shall prevail over any rules and regulations 36
promulgated by any state governmental agency, commission or 37
board, to the contrary notwithstanding. 38
571.801. Sections 571.801 to 571.815 shall be known 1
and may be cited as the "Firearm Violence Prevention Act". 2
571.802. As used in sections 571.801 to 571.815, the 1
following terms mean: 2
(1) "Extreme risk protection order" , either a 3
temporary order or a continuing order granted under sections 4
571.801 to 571.815; 5
(2) "Family or household member", with respect to a 6
respondent, any: 7 SB 463 3
(a) Person related by blood, marriage, or adoption to 8
the respondent; 9
(b) Person who has a child in common with the 10
respondent, regardless of whether such person has been 11
married to the respondent or has lived together with the 12
respondent at any time; 13
(c) Person who regularly resides with the respondent 14
or regularly resided with the respondent within the last six 15
months; 16
(d) Domestic partner of the respondent; 17
(e) Person who has a biological or legal parent -child 18
relationship with the respondent, including stepparents and 19
stepchildren and grandparents an d grandchildren; 20
(f) Dating partner of the respondent; or 21
(g) Person who is acting or has acted as the 22
respondent's legal guardian; 23
(3) "Firearm", any handgun, rifle, shotgun, or other 24
instrument or device capable or intended to be capa ble of 25
discharging bullets, cartridges, or other explosive charges; 26
(4) "Petitioner", the person who petitions for an 27
extreme risk protection order under sections 571.801 to 28
571.815; 29
(5) "Respondent", the person who is identified as the 30
respondent in a petition filed under sections 571.801 to 31
571.815. 32
571.803. 1. A family or household member of the 1
respondent or a law enforcement officer or agency may 2
request a temporary extreme risk protection order without 3
notice to the respondent by including in the petition for an 4
extreme risk protection order an affidavit, signed under 5
oath and penalty of perjury, supporting the issuance of a 6
temporary extreme risk protection order that sets forth the 7 SB 463 4
facts to establish the g rounds of the petition or the reason 8
for believing the grounds exist. The petition shall comply 9
with the requirements of subsection 3 of section 571.804. 10
If an application described under section 632.305 is also 11
filed relating to the respondent, the court may hear that 12
application at the same time as a hearing for an extreme 13
risk protection order. 14
2. In considering whether to issue a temporary extreme 15
risk protection order under this section, the court shall 16
consider all relevant evidence, i ncluding the evidence 17
described under subsection 3 of section 571.805. 18
3. If a court finds by a preponderance of the evidence 19
that, based on the evidence presented under subsection 3 of 20
section 571.805, the respondent poses a significant risk of 21
causing personal injury to self or others by having in his 22
or her custody or control a firearm or by purchasing, 23
possessing, or receiving a firearm, the court shall issue a 24
temporary extreme risk protection order. 25
4. The court shall hold a tempora ry extreme risk 26
protection order hearing in person or by telephone on the 27
day the petition is filed or on the court day immediately 28
following the day the petition is filed. 29
5. (1) In accordance with subsection 1 of section 30
571.805, the court sha ll schedule a hearing within seven 31
days after the issuance of a temporary extreme risk 32
protection order to determine if a one -hundred-eighty-two- 33
day extreme risk protection order should be issued. Notice 34
of the hearing date shall be included with the temporary 35
extreme risk protection order served on the respondent. The 36
court shall provide notice of the hearing date to the 37
petitioner. Either party may request a different date for 38
the hearing that is beyond the initial seven days but no 39 SB 463 5
later than an additional seven days from the issuance of the 40
temporary extreme risk protection order with good cause 41
shown. If the court reschedules the hearing, the court 42
shall provide notice of the new date to the petitioner and 43
respondent, and the temporary extreme risk protection order 44
shall stay in effect until the new hearing date. 45
(2) Any issued temporary extreme risk protection order 46
shall expire on the date and time of the hearing on the 47
extreme risk protection order petition or upon the 48
withdrawal of the petition. 49
6. A temporary extreme risk protection order shall 50
include: 51
(1) A statement of the grounds asserted for the order; 52
(2) The date and time the order is issued; 53
(3) The date and time the order expires; 54
(4) The address of the court in which any responsive 55
pleading shall be filed; 56
(5) The date and time of the scheduled hearing; 57
(6) The requirements for surrender of firearms under 58
section 571.809; and 59
(7) The following statement: 60
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To the subject of this temporary extreme risk protection
order:
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This order is valid until the date and time noted above.
You shall not have in your custody or control a firearm or
purchase, possess, receive, or attempt to purchase or
receive a firearm while this order is in effect. You must
immediately surrender to t he __________ (law enforcement
agency in the jurisdiction where the respondent resides)
all firearms in your custody, control, or possession, and
any concealed carry permit issued to you. A hearing will
be held on the date and at the time noted above to
determine if a full extreme risk protection order should be
issued. Failure to appear at that hearing may result in a
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7. A law enforcement officer shall serve a temporary 77
extreme risk protection order concurrently with the notice 78
of hearing and petition in the same manner as under section 79
571.805 for service of the notice of hearing where the 80
respondent resides or where the firearms of concern are 81
located. 82
8. (1) If the court issues a temporary extreme risk 83
protection order, the court shall state the particular 84
reasons for the court's issuance. 85
(2) If the court declines to issue a temporary extreme 86
risk protection order, the court shall state the particular 87
reasons for the court's denial. 88
571.804. 1. A petition for an extreme risk protection 1
order may be filed by a family or household member of the 2
respondent or a law enforcement officer or agency. If the 3
petition is filed by a law enforcement officer or agency, 4
the officer or agency shall be represented in any judicial 5
proceeding by a county or city attorney upon request . If 6
the petition is filed by a family or household member, the 7
petitioner, to the best of his or her ability, shall notify 8
the law enforcement agency in the jurisdiction where the 9
respondent resides or where the firearms are located of the 10
petition and of the hearing date with enough advance notice 11
to allow for participation or attendance. 12
2. A petition for an extreme risk protection order 13
shall be filed with a court in the county where the 14
respondent resides or where the firearms are locate d. 15
3. A petition shall: 16
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court entering an order against you that is valid for one
hundred eighty-two days. You may seek the advice of an
attorney as to any matte r connected with this order. SB 463 7
(1) Allege that the respondent poses a significant 17
risk of causing personal injury to self or others by having 18
in his or her custody or control a firearm or by purchasing, 19
possessing, or receiving a firearm. The allegation shall be 20
accompanied by an affidavit, signed under oath and penalty 21
of perjury, stating the specific statements, actions, or 22
facts that give rise to a reasonable fear of future 23
dangerous acts by the respondent; 24
(2) Identify the number, typ es, and locations of any 25
firearms the petitioner believes to be in the respondent's 26
current ownership, possession, custody, or control; 27
(3) Identify whether the respondent is a party to an 28
existing domestic abuse protection order; and 29
(4) Identify any pending lawsuit, complaint, petition, 30
or other action between the parties to the petition pursuant 31
to Missouri law or federal law. 32
4. The court shall verify the terms of any existing 33
order identified under subdivision (3) of subsection 3 of 34
this section governing the parties. The court shall not 35
delay granting relief because of the existence of a pending 36
action between the parties or the necessity of verifying the 37
terms of an existing order. A petition for an extreme risk 38
protection order may be granted regardless of a pending 39
action between the parties. 40
5. If the petitioner is a law enforcement officer or 41
agency, the petitioner shall make a good -faith effort to 42
provide notice to a family or household member of the 43
respondent and to any known third party who may be at risk 44
of violence. The notice shall state that the petitioner 45
intends to file, or has already so filed, a petition for an 46
extreme risk protection order and shall include referrals to 47
appropriate resources including, but not limited to, mental 48 SB 463 8
health, domestic violence, and counseling resources. The 49
petitioner shall attest in the petition to having provided 50
the notice or attest to the steps that will be taken to 51
provide the notice. 52
6. If the petition states that disclosure of the 53
petitioner's address would risk harm to the petitioner or 54
any family or household member of the petitioner, the 55
petitioner's address may be omitted from all documents filed 56
with the court. If the petitioner has not d isclosed an 57
address under this subsection, the petitioner shall 58
designate an alternative address at which the respondent may 59
serve notice of any motions. If the petitioner is a law 60
enforcement officer or agency, the address of record shall 61
be that of the law enforcement agency. 62
7. A court or public agency shall not charge a fee for 63
filing or service of process to a petitioner seeking relief 64
under sections 571.801 to 571.815. A petitioner shall be 65
provided the necessary number of certified co pies, forms, 66
and instructional brochures free of charge. 67
8. A person shall not be required to post a bond to 68
obtain relief in any proceeding under this section. 69
9. The associate circuit court and circuit courts of 70
the state of Missouri shall have jurisdiction over 71
proceedings under sections 571.801 to 571.815. 72
571.805. 1. (1) Upon receipt of the petition, the 1
court shall order a hearing and issue a notice to the 2
respondent. The court shall provide the notice of the 3
hearing no later than one court day after the date of the 4
extreme risk protection order petition. The court may 5
schedule a hearing by telephone to reasonably accommodate a 6
disability or, in exceptional circumstances, to protect a 7
petitioner from poten tial harm. The court shall require 8 SB 463 9
assurances of the petitioner's identity before conducting a 9
telephonic hearing. 10
(2) On or before the next court day, the court clerk 11
shall forward a copy of the notice of the hearing and 12
petition to the law enf orcement agency in the jurisdiction 13
where the respondent resides or where the firearms are 14
located for service upon the respondent. 15
(3) A copy of the notice of hearing and petition shall 16
be served upon the respondent. Service issued under this 17
section shall take precedence over the service of other 18
documents unless the other documents are of a similar 19
emergency nature. 20
(4) The court may, as provided under section 571.803, 21
issue a temporary extreme risk protection order pending the 22
hearing ordered under subdivision (1) of this subsection. 23
The temporary extreme risk protection order shall be served 24
concurrently with the notice of hearing and petition. 25
2. Upon hearing the matter, if the court finds by 26
clear and convincing evidence , based on the evidence 27
presented under subsection 3 of this section, that the 28
respondent poses a significant risk of causing personal 29
injury to self or others by having in his or her custody or 30
control a firearm or by purchasing, possessing, or receiv ing 31
a firearm, the court shall issue an extreme risk protection 32
order for a period of one hundred eighty -two days. 33
3. In determining whether grounds for an extreme risk 34
protection order exist, the court may consider any relevant 35
evidence including, but not limited to: 36
(1) A recent act or credible threat of violence by the 37
respondent against self or others, regardless of whether 38
such violence or credible threat of violence involved a 39
firearm; 40 SB 463 10
(2) A pattern of acts or credible threats of violence 41
by the respondent within the past year including, but not 42
limited to, acts or credible threats of violence by the 43
respondent against self or others; 44
(3) Any relevant mental health issues of the 45
respondent; 46
(4) A violation of an order of protection issued under 47
chapter 455, or a similar order issued by another state, by 48
the respondent; 49
(5) A previous or existing extreme risk protection 50
order issued against the respondent and any violation of a 51
previous or existing extre me risk protection order; 52
(6) A conviction of the respondent for a crime that 53
includes an underlying factual basis of domestic violence as 54
defined under section 455.010; 55
(7) The respondent's ownership, access to, or intent 56
to possess a firearm; 57
(8) A credible threat of or the unlawful or reckless 58
use of a firearm by the respondent; 59
(9) The history of use, attempted use, or threatened 60
use of unlawful physical force by the respondent against 61
another person, or the respondent's hi story of stalking 62
under section 565.225 or 565.227; 63
(10) Any prior arrest of the respondent for a crime 64
listed under chapter 565 or 566 or section 578.012; 65
(11) Corroborated evidence of the abuse of controlled 66
substances or alcohol by the re spondent; and 67
(12) Evidence of recent acquisition of a firearm or 68
ammunition by the respondent. 69
4. The court may: 70
(1) Examine under oath the petitioner, the respondent, 71
and any witnesses they may produce or, in lieu of 72 SB 463 11
examination, consider sworn affidavits of the petitioner, 73
the respondent, and any witnesses they may produce; and 74
(2) Request a probation officer to conduct a criminal 75
history record check related to the respondent and provide 76
the results to the court under seal. 77
5. The court shall allow the petitioner and respondent 78
to present evidence, cross -examine witnesses, and be 79
represented by an attorney at the hearing. 80
6. In a hearing under sections 571.801 to 571.815, the 81
rules of evidence shall apply to t he same extent as in a 82
full order of protection proceeding under chapter 455. 83
7. During the hearing, the court shall consider any 84
available mental health evaluation or chemical dependency 85
evaluation provided to the court. 86
8. An extreme risk protection order shall include: 87
(1) A statement of the grounds supporting the issuance 88
of the order; 89
(2) The date and time the order is issued; 90
(3) The date and time the order expires; 91
(4) The address of the court in which any resp onsive 92
pleading shall be filed; 93
(5) The requirements for relinquishment of firearms 94
under section 571.809; and 95
(6) The following statement: 96
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This order will last until the date and time noted above.
If you have not done so already, you must immediately
surrender any firearms in your custody, control, or
possession and any concealed carry permit issued to you.
You shall not have in your custody or control a firearm or
purchase, possess, receive, or attempt to purchase or
receive a firearm while this order is in effect. You have
the right to request one hearing to terminate this order
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9. If the court issues an extreme risk protection 110
order, the court shall inform the respondent that he or she 111
may request termination of the order in the manner 112
prescribed under section 571.808. The court shall provide 113
the respondent with a form to request a termination hearing. 114
10. (1) If the court issues an extreme risk 115
protection order, the court shall state the particular 116
reasons for the court's issuance. 117
(2) If the court denies the issuance of an extreme 118
risk protection order, the court shall state the particular 119
reasons for the court 's denial. 120
571.806. 1. An extreme risk protection order issued 1
under section 571.805 shall be served personally upon the 2
respondent, except as otherwise provided under sections 3
571.801 to 571.815. 4
2. The law enforcement agen cy in the jurisdiction 5
where the respondent resides or where the firearms are 6
located shall serve the respondent personally. 7
3. The court clerk shall forward a copy of the extreme 8
risk protection order no later than the next court day to 9
the law enforcement agency specified in the order for 10
service. Service of an extreme risk protection order shall 11
take precedence over the service of other documents unless 12
the other documents are of a similar emergency nature. 13
4. If the law enforcement a gency cannot complete 14
service upon the respondent within five days, the law 15
enforcement agency shall notify the petitioner. The 16
petitioner shall then provide any additional information 17
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during the period that this or der is in effect, starting
from the date of this order and continuing through any
renewals. You may seek the advice of an attorney as to any
matter connected with this order. SB 463 13
regarding the respondent's location to the law enforcement 18
agency to effect service. The law enforcement agency may 19
request additional time to allow for the proper and safe 20
planning and execution of the court order. 21
5. If an extreme risk protection order entered by the 22
court states that the respondent appeared in person before 23
the court, the necessity for further service is waived, and 24
proof of service of the order shall not be necessary. 25
6. Returns of service under sections 571.801 to 26
571.815 shall be made in accordance with the applicable 27
court rules. 28
7. If notice of an extreme risk protection order 29
hearing cannot be served and if the respondent fails to 30
appear at the hearing, the court may issue an extreme risk 31
protection order under section 571.805. 32
571.808. 1. The respondent may submit one written 1
request for a hearing to terminate an extreme risk 2
protection order for the period that the order is in 3
effect. Upon receipt of the request for a hearing to 4
terminate an extreme risk protection order, the court shall 5
set a date for a hearing. Notice of the request shall be 6
served on the petitioner. The hearing shall occur no sooner 7
than fourteen days and no later than twenty -eight days after 8
the date of service of the request upon the petitioner. The 9
court shall terminate the extreme risk protection order if 10
the respondent establishes by clear and convincing evidence 11
that the respondent does not continue to pose a significant 12
risk of personal injury to self or others by having in his 13
or her custody or control a firearm or by purchasing, 14
possessing, or receiving a firearm. The court may consider 15
any relevant evidence, including evidence of the 16
considerations listed under subsection 3 of section 571.805. 17 SB 463 14
2. (1) The court shall notify the petitioner of t he 18
impending expiration of an extreme risk protection order 19
sixty-three calendar days before the date that the order 20
expires. 21
(2) A petitioner, a family or household member of a 22
respondent, or a law enforcement officer or agency may, by 23
motion, request a renewal of an extreme risk protection 24
order at any time within sixty -three calendar days before 25
the expiration of the order. 26
(3) Upon receipt of the motion to renew, the court 27
shall order that a hearing be held no later than fourteen 28
days after the filing of the motion to renew. The court may 29
schedule a hearing by telephone in the manner prescribed 30
under subdivision (1) of subsection 1 of section 571.805. 31
The respondent shall be personally served in the same manner 32
prescribed under subdivisions (2) and (3) of subsection 1 of 33
section 571.805. 34
(4) In determining whether to renew an extreme risk 35
protection order, the court shall consider all relevant 36
evidence and follow the same procedure as provided under 37
section 571.805. 38
(5) If the court finds by clear and convincing 39
evidence that, based on the evidence presented under 40
subsection 3 of section 571.805, the respondent continues to 41
pose a significant risk of personal injury to self or others 42
by having in his or her cu stody or control a firearm or by 43
purchasing, possessing, or receiving a firearm, the court 44
shall renew the order for a period of time the court deems 45
appropriate, not to exceed one hundred eighty -two days. In 46
the order, the court shall set a return da te to review the 47
order no later than thirty -five days prior to the expiration 48
of the order. However, if, after notice, the motion for 49 SB 463 15
renewal is uncontested and the petitioner seeks no 50
modification of the order, the order may be renewed on the 51
basis of the petitioner's motion or affidavit, signed under 52
oath and penalty of perjury, stating that there has been no 53
material change in relevant circumstances since the entry of 54
the order and stating the reason for the requested renewal. 55
571.809. 1. (1) Upon issuance of an extreme risk 1
protection order under sections 571.801 to 571.815, 2
including a temporary extreme risk protection order, the 3
court shall order the respondent to surrender all firearms 4
by either: 5
(a) Selling or transferring possession of a firearm to 6
a federally licensed firearms dealer defined under 18 U.S.C. 7
Section 921, as amended. However, this paragraph shall not 8
be interpreted to require any federally licensed firearms 9
dealer to purchase or accept pos session of any firearm. If 10
the respondent elects to sell his or her firearms, the 11
respondent is entitled to the proceeds; or 12
(b) Arranging for the storage of a firearm by a law 13
enforcement agency. 14
(2) The court shall order the respondent to surrender 15
any concealed carry permit to the law enforcement officer 16
serving the extreme risk protection order. 17
2. (1) The law enforcement agency serving an extreme 18
risk protection order, including a temporary extreme risk 19
protection order, in w hich the petitioner is not a law 20
enforcement agency or officer, shall request that the 21
respondent immediately surrender all firearms in his or her 22
custody, control, or possession and any concealed carry 23
permit issued to the respondent and shall conduct any search 24
permitted by law for such firearms or permit. After the law 25
enforcement agency or officer has custody of the firearms, 26 SB 463 16
the respondent may inform the law enforcement officer of his 27
or her preference for sale, transfer, or storage of the 28
firearms as specified under subsection 1 of this section. 29
If the respondent elects to sell or transfer the firearms to 30
a federally licensed firearms dealer described under 18 31
U.S.C. Section 923, as amended, the law enforcement officer 32
or agency shall maintain custody of the firearms until they 33
are sold or transferred. The law enforcement officer shall 34
take possession of all firearms and any such permit 35
belonging to the respondent that are surrendered, in plain 36
sight, or discovered pursuant to a lawf ul search. 37
Alternatively, if personal service by the law enforcement 38
agency is not possible or not required because the 39
respondent was present at the extreme risk protection order 40
hearing, the respondent shall surrender the firearms and any 41
concealed carry permit after being served with the order by 42
alternate service or after the hearing at which the 43
respondent was present. 44
(2) If the petitioner for an extreme risk protection 45
order is a law enforcement agency or officer, the law 46
enforcement officer serving the extreme risk protection 47
order shall take custody of the respondent's firearms 48
pursuant to the search warrant for firearms possessed by a 49
dangerous person if a warrant is obtained. If the law 50
enforcement agency obtains a search warr ant for firearms 51
possessed by a dangerous person, the law enforcement officer 52
shall request that the respondent immediately surrender all 53
firearms in his or her custody, control, or possession and 54
any concealed carry permit issued to the respondent and 55
conduct any search permitted by law for such firearms or 56
permit. After the law enforcement agency or officer has 57
custody of the firearms, the respondent may inform the law 58 SB 463 17
enforcement officer of his or her preference for sale, 59
transfer, or storage o f the firearms. The law enforcement 60
officer shall request that the respondent immediately 61
surrender any concealed carry permit issued to the 62
respondent and conduct any search permitted by law for the 63
permit. 64
3. At the time of surrender or taking custody, a law 65
enforcement officer taking possession of a firearm or a 66
concealed carry permit shall issue a receipt identifying all 67
firearms and any permit that is surrendered or seized and 68
provide a copy of the receipt to the respondent. Within 69
seventy-two hours after service of the order, the officer 70
serving the order shall file the original receipt with the 71
court and shall ensure that his or her law enforcement 72
agency retains a copy of the receipt or, if the officer does 73
not take custody of an y firearms, shall file a statement to 74
that effect with the court. 75
4. Upon the sworn statement or testimony of the 76
petitioner or of any law enforcement officer alleging 77
probable cause that the respondent has failed to comply with 78
the surrender of firearms as required by an extreme risk 79
protection order, the court shall determine whether probable 80
cause exists to believe that the respondent failed to 81
surrender all firearms in his or her custody, control, or 82
possession. If probable cause exists, the court shall issue 83
a search warrant that states with particularity the places 84
to be searched and the items to be seized. 85
5. If a person other than the respondent claims title 86
to any firearms surrendered or seized under this section and 87
the law enforcement agency determines the person is the 88
lawful owner of the firearm, the firearm shall be returned 89
to the person if: 90 SB 463 18
(1) The firearm is removed from the respondent's 91
custody, control, or possession and the lawful owner agrees 92
to store the firearm so that the respondent does not have 93
access to or control of the firearm; and 94
(2) The firearm is not otherwise unlawfully possessed 95
by the lawful owner. 96
6. (1) Within twenty-four hours of the issuance of an 97
extreme risk protection order, a respondent shall either: 98
(a) File proof with the court that issued the order 99
showing that the respondent has relinquished or removed all 100
firearms previously in the respondent's custody, control, or 101
possession and surrendered any conceale d carry permit issued 102
to the respondent. The respondent shall attest to the court 103
that no firearms are currently in the respondent's custody, 104
control, or possession and that the respondent does not 105
currently have a concealed carry permit; or 106
(b) Attest to the court that: 107
a. At the time the order was issued, the respondent 108
did not have any firearms in the respondent's custody, 109
control, or possession and did not have a concealed carry 110
permit; and 111
b. The respondent does not currently have any firearms 112
in the respondent's custody, control, or possession and does 113
not currently have a concealed carry permit. 114
(2) If the respondent does not comply with the 115
requirements of subdivision (1) of this subsection within 116
the twenty-four-hour period, the court clerk shall inform a 117
law enforcement agency in the county in which the court is 118
located that the respondent has not complied with 119
subdivision (1) of this subsection. The law enforcement 120
agency shall make a good -faith effort to determine whether 121
the respondent has failed to relinquish any firearms in the 122 SB 463 19
respondent's custody, control, or possession or failed to 123
surrender a concealed carry permit. 124
7. The POST commission, as defined under section 125
590.010, shall develop mode l policies and procedures by 126
December 1, 2025, regarding the acceptance, storage, sale, 127
and return of firearms required to be surrendered under 128
sections 571.801 to 571.815 or seized under subsection 5 of 129
section 542.271 and shall provide those model po licies and 130
procedures to all law enforcement agencies within the 131
state. Each law enforcement agency shall adopt the model 132
policies and procedures or adopt their own policies and 133
procedures before January 1, 2026. 134
571.810. 1. If an extreme risk protection order or 1
temporary extreme risk protection order is terminated or 2
expires without renewal, any law enforcement agency holding 3
a firearm surrendered or seized under section 571.809 or 4
seized under subsection 5 of section 542.271 shall return 5
the firearm requested by a respondent only after confirming, 6
through a criminal history record check, that the respondent 7
is currently eligible to own or possess a firearm under 8
federal and state law and after confirming with the court 9
that the extreme risk protection order has terminated or has 10
expired without renewal. 11
2. Any firearm surrendered or seized under section 12
571.809 or seized under subsection 5 of section 542.271 that 13
remains unclaimed by the lawful owner for at least one year 14
from the date the temporary extreme risk protection order or 15
extreme risk protection order expired, whichever is later, 16
shall be disposed in accordance with the law enforcement 17
agency's policies and procedures for the disposal of 18
firearms in police custody. 19 SB 463 20
571.811. 1. The court clerk shall enter an extreme 1
risk protection order or temporary extreme risk protection 2
order into a statewide judicial information system on the 3
same day the order is issued. 4
2. The court clerk shall forward a copy of an extreme 5
risk protection order or temporary extreme risk protection 6
order the same day the order is issued to the Missouri state 7
highway patrol and the law enforcement agency specified in 8
the order. Upon receipt of the copy of the order, the law 9
enforcement agency specified in the order shall enter the 10
order into the National Instant Criminal Background Check 11
System (NICS), any other federal or state computer -based 12
systems used by law enforcement agencies or others to 13
identify prohibited purchasers of firearms, and the Missouri 14
uniform law enforcement system (MULES). The order shall 15
remain in each system for the period stated in the order, 16
and the law enforcement agency shall expunge from the 17
systems only orders that have expired or been terminated. 18
Entry into the computer -based criminal intelligence 19
information system shall be notice to all law enforcement 20
agencies of the existence of the order. The order shall be 21
fully enforceable anywhere in the state. 22
3. The issuing court shall, within three court days 23
after issuance of an extreme risk protection order or a 24
temporary extreme risk protection order, forward all 25
identifying information the court has regarding the 26
respondent, along with the date the order is issued, to the 27
county sheriff in the jurisdiction where the respondent 28
resides. Upon receipt of the information, the county 29
sheriff shall determine if the respondent has a concealed 30
carry permit. If the respondent does have a concealed c arry 31
permit, the issuing county sheriff shall immediately revoke 32 SB 463 21
the permit. The respondent may reapply for a concealed 33
carry permit after the temporary extreme risk protection 34
order and extreme risk protection order, if ordered, are no 35
longer in effect. 36
4. If an extreme risk protection order is terminated 37
before its expiration date, the court clerk shall forward, 38
on the same day as the termination order, a copy of the 39
termination order to the highway patrol and the law 40
enforcement agency sp ecified in the termination order. Upon 41
receipt of the order, the law enforcement agency specified 42
in the termination order shall promptly remove the order 43
from any computer-based system in which it was entered under 44
subsection 2 of this section. 45
571.812. Any person who has in his or her custody or 1
control a firearm or purchases, possesses, or receives a 2
firearm with knowledge that he or she is prohibited from 3
doing so by an extreme risk protection order or temporary 4
extreme risk protection order shall be guilty of a class B 5
misdemeanor. However, such person shall be guilty of a 6
class E felony if the person has two or more previous 7
convictions for violating an extreme risk protection order. 8
571.813. Sections 571.801 to 571.815 shall not affect 1
the ability of a law enforcement officer to remove a firearm 2
or concealed carry permit from a person or conduct a search 3
and seizure for any firearm pursuant to other lawful 4
authority. 5
571.814. Except as provided under section 571.812, 1
sections 571.801 to 571.815 shall not impose criminal or 2
civil liability on any person or entity for acts or 3
omissions made in good faith related to obtaining an extreme 4
risk protection order or a tempora ry extreme risk protection 5
order including, but not limited to, reporting, declining to 6 SB 463 22
report, investigating, declining to investigate, filing, or 7
declining to file a petition under sections 571.801 to 8
571.815. 9
571.815. 1. (1) The office of state courts 1
administrator shall develop standard petitions, extreme risk 2
protection order forms, and temporary extreme risk 3
protection order forms in more than one language consistent 4
with state judicial branch practices. The standard petition 5
and order forms shall be used after December 31, 2025, for 6
all extreme risk protection order petitions and extreme risk 7
protection orders. The office of state courts administrator 8
may consult with interested parties in developing the 9
petitions and forms. The materials shall be available 10
online consistent with state judicial branch practices. 11
(2) The extreme risk protection order form shall 12
include, in a conspicuous location, notice of criminal 13
penalties resulting from violation of the order and the 14
following statement: 15
2. A court clerk for each judicial district shall 20
create a community resource list that includes, but is not 21
limited to, crisis intervention, mental health, substance 22
abuse, interpreter, counseling, and other relevant resources 23
serving the county in which the court is located. The court 24
shall make the community resource list available as part of 25
or in addition to the materials described under subdivision 26
(1) of subsection 1 of this section. 27
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17
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You have the sole responsibility to avoid or
refrain from violating this extreme risk
protection order's provisions. Only the court can
change the order and only upon written motion.
SB 463 23
3. The office of state cour ts administrator shall 28
distribute a master copy of the standard petition and 29
extreme risk protection order forms to all circuit courts. 30
4. Before March first of each year, the office of 31
state courts administrator shall issue to the speaker of the 32
house of representatives, president pro tempore of the 33
senate, chief justice of the supreme court, and governor 34
statistics related to extreme risk protection orders in the 35
preceding calendar year. The statistics shall include, but 36
not be limited to: 37
(1) The number of petitions filed for temporary 38
extreme risk protection orders; 39
(2) The number of petitions filed for extreme risk 40
protection orders; 41
(3) The number of temporary extreme risk protection 42
orders issued and denied; 43
(4) The number of extreme risk protection orders 44
issued and denied; 45
(5) The number of temporary extreme risk protection 46
orders terminated; 47
(6) The number of extreme risk protection orders 48
terminated; and 49
(7) The number of extreme risk p rotection orders 50
renewed. 51