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. 544 |
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6 | 6 | | 103RD GENERAL ASSEMBLY |
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7 | 7 | | INTRODUCED BY SENATOR LEWIS. |
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8 | 8 | | 0267S.01I KRISTINA MARTIN, Secretary |
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9 | 9 | | AN ACT |
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10 | 10 | | To repeal sections 571.060 and 571.070, RSMo, and to enact in lieu thereof two 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 571.060 and 571.070, RSMo, are 1 |
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15 | 15 | | repealed and two new sections enacted in lieu thereof, to be 2 |
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16 | 16 | | known as sections 571.060 and 571.070, to rea d as follows:3 |
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17 | 17 | | 571.060. 1. A person commits the offense of unlawful 1 |
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18 | 18 | | transfer of weapons if he or she: 2 |
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19 | 19 | | (1) Knowingly sells, leases, loans, gives away or 3 |
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20 | 20 | | delivers a firearm or ammunition for a firearm to any person 4 |
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21 | 21 | | who, under the provisions o f section 571.070, is not 5 |
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22 | 22 | | lawfully entitled to possess such; 6 |
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23 | 23 | | (2) Knowingly sells, leases, loans, gives away or 7 |
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24 | 24 | | delivers a blackjack to a person less than eighteen years 8 |
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25 | 25 | | old without the consent of the child's custodial parent or 9 |
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26 | 26 | | guardian, or recklessly, as defined in section 562.016, 10 |
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27 | 27 | | sells, leases, loans, gives away or delivers any firearm to 11 |
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28 | 28 | | a person less than eighteen years old without the consent of 12 |
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29 | 29 | | the child's custodial parent or guardian; provided, that 13 |
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30 | 30 | | this does not prohibit the delivery of such weapons to any 14 |
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31 | 31 | | peace officer or member of the Armed Forces or National 15 |
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32 | 32 | | Guard while performing his or her official duty; [or] 16 SB 544 2 |
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33 | 33 | | (3) Recklessly, as defined in section 562.016, sells, 17 |
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34 | 34 | | leases, loans, gives away or delivers a firearm or 18 |
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35 | 35 | | ammunition for a firearm to a person who is intoxicated ; 19 |
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36 | 36 | | (4) Knowingly sells, leases, loans, gives away, or 20 |
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37 | 37 | | delivers a firearm to any person whose name appears on the 21 |
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38 | 38 | | Terrorist Screening Center's No Fly List; or 22 |
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39 | 39 | | (5) Knowingly sells, leases, loans, gi ves away, or 23 |
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40 | 40 | | delivers a firearm to any person who is a member of a group 24 |
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41 | 41 | | of two or more individuals, regardless if organized, that 25 |
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42 | 42 | | engages in or has a subgroup that engages in international 26 |
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43 | 43 | | or domestic terrorism . 27 |
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44 | 44 | | 2. Unlawful transfer of weapons u nder subdivision (1) 28 |
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45 | 45 | | of subsection 1 of this section is a class E felony; 29 |
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46 | 46 | | unlawful transfer of weapons under subdivisions (2) [and], 30 |
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47 | 47 | | (3), (4), and (5) of subsection 1 of this section is a class 31 |
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48 | 48 | | A misdemeanor. 32 |
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49 | 49 | | 3. For purposes of this section, "ter rorism" means 33 |
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50 | 50 | | activities that: 34 |
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51 | 51 | | (1) Involve a violent act or acts dangerous to human 35 |
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52 | 52 | | life that violate the criminal laws of the United States or 36 |
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53 | 53 | | a state thereof that would be a criminal violation if 37 |
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54 | 54 | | committed within the jurisdiction of the United States or a 38 |
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55 | 55 | | state thereof; and 39 |
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56 | 56 | | (2) Appear to be intended to: 40 |
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57 | 57 | | (a) Intimidate or coerce a civilian population; 41 |
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58 | 58 | | (b) Influence the policy of a government by 42 |
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59 | 59 | | intimidation or coercion; or 43 |
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60 | 60 | | (c) Affect the conduct of a government by mass 44 |
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61 | 61 | | destruction, assassination, or kidnapping. 45 |
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62 | 62 | | 571.070. 1. A person commits the offense of unlawful 1 |
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63 | 63 | | possession of a firearm if such person knowingly has any 2 |
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64 | 64 | | firearm in his or her possession and: 3 SB 544 3 |
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65 | 65 | | (1) Such person has been convicted o f a felony under 4 |
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66 | 66 | | the laws of this state, or of a crime under the laws of any 5 |
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67 | 67 | | state or of the United States which, if committed within 6 |
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68 | 68 | | this state, would be a felony; [or] 7 |
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69 | 69 | | (2) Such person is a fugitive from justice, is 8 |
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70 | 70 | | habitually in an intoxicated or drugged condition, or is 9 |
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71 | 71 | | currently adjudged mentally incompetent ; 10 |
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72 | 72 | | (3) Such person's name appears on the Terrorist 11 |
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73 | 73 | | Screening Center's No Fly List; or 12 |
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74 | 74 | | (4) Such person is a member of a group of two or more 13 |
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75 | 75 | | individuals, regardless if organize d, that engages in or has 14 |
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76 | 76 | | a subgroup that engages in international or domestic 15 |
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77 | 77 | | terrorism. For purposes of this subdivision, "terrorism" 16 |
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78 | 78 | | means activities that: 17 |
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79 | 79 | | (a) Involve a violent act or acts dangerous to human 18 |
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80 | 80 | | life that are a violation of the criminal laws of the United 19 |
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81 | 81 | | States or a state thereof or that would be a criminal 20 |
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82 | 82 | | violation if committed within the jurisdiction of the United 21 |
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83 | 83 | | States or a state thereof; and 22 |
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84 | 84 | | (b) Appear to be intended to: 23 |
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85 | 85 | | a. Intimidate or coerce a civilian po pulation; 24 |
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86 | 86 | | b. Influence the policy of a government by 25 |
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87 | 87 | | intimidation or coercion; or 26 |
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88 | 88 | | c. Affect the conduct of a government by mass 27 |
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89 | 89 | | destruction, assassination, or kidnapping . 28 |
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90 | 90 | | 2. Unlawful possession of a firearm is a class C 29 |
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91 | 91 | | felony, unless a person has been convicted of a dangerous 30 |
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92 | 92 | | felony as defined in section 556.061, or the person has a 31 |
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93 | 93 | | prior conviction for unlawful possession of a firearm in 32 |
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94 | 94 | | which case it is a class B felony. 33 SB 544 4 |
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95 | 95 | | 3. The provisions of subdivision (1) of subsection 1 34 |
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96 | 96 | | of this section shall not apply to the possession of an 35 |
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97 | 97 | | antique firearm. 36 |
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98 | 98 | | |
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