EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
SENATE BILL NO. 544
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR LEWIS.
0267S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 571.060 and 571.070, RSMo, and to enact in lieu thereof two new sections
relating to firearms, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 571.060 and 571.070, RSMo, are 1
repealed and two new sections enacted in lieu thereof, to be 2
known as sections 571.060 and 571.070, to rea d as follows:3
571.060. 1. A person commits the offense of unlawful 1
transfer of weapons if he or she: 2
(1) Knowingly sells, leases, loans, gives away or 3
delivers a firearm or ammunition for a firearm to any person 4
who, under the provisions o f section 571.070, is not 5
lawfully entitled to possess such; 6
(2) Knowingly sells, leases, loans, gives away or 7
delivers a blackjack to a person less than eighteen years 8
old without the consent of the child's custodial parent or 9
guardian, or recklessly, as defined in section 562.016, 10
sells, leases, loans, gives away or delivers any firearm to 11
a person less than eighteen years old without the consent of 12
the child's custodial parent or guardian; provided, that 13
this does not prohibit the delivery of such weapons to any 14
peace officer or member of the Armed Forces or National 15
Guard while performing his or her official duty; [or] 16 SB 544 2
(3) Recklessly, as defined in section 562.016, sells, 17
leases, loans, gives away or delivers a firearm or 18
ammunition for a firearm to a person who is intoxicated ; 19
(4) Knowingly sells, leases, loans, gives away, or 20
delivers a firearm to any person whose name appears on the 21
Terrorist Screening Center's No Fly List; or 22
(5) Knowingly sells, leases, loans, gi ves away, or 23
delivers a firearm to any person who is a member of a group 24
of two or more individuals, regardless if organized, that 25
engages in or has a subgroup that engages in international 26
or domestic terrorism . 27
2. Unlawful transfer of weapons u nder subdivision (1) 28
of subsection 1 of this section is a class E felony; 29
unlawful transfer of weapons under subdivisions (2) [and], 30
(3), (4), and (5) of subsection 1 of this section is a class 31
A misdemeanor. 32
3. For purposes of this section, "ter rorism" means 33
activities that: 34
(1) Involve a violent act or acts dangerous to human 35
life that violate the criminal laws of the United States or 36
a state thereof that would be a criminal violation if 37
committed within the jurisdiction of the United States or a 38
state thereof; and 39
(2) Appear to be intended to: 40
(a) Intimidate or coerce a civilian population; 41
(b) Influence the policy of a government by 42
intimidation or coercion; or 43
(c) Affect the conduct of a government by mass 44
destruction, assassination, or kidnapping. 45
571.070. 1. A person commits the offense of unlawful 1
possession of a firearm if such person knowingly has any 2
firearm in his or her possession and: 3 SB 544 3
(1) Such person has been convicted o f a felony under 4
the laws of this state, or of a crime under the laws of any 5
state or of the United States which, if committed within 6
this state, would be a felony; [or] 7
(2) Such person is a fugitive from justice, is 8
habitually in an intoxicated or drugged condition, or is 9
currently adjudged mentally incompetent ; 10
(3) Such person's name appears on the Terrorist 11
Screening Center's No Fly List; or 12
(4) Such person is a member of a group of two or more 13
individuals, regardless if organize d, that engages in or has 14
a subgroup that engages in international or domestic 15
terrorism. For purposes of this subdivision, "terrorism" 16
means activities that: 17
(a) Involve a violent act or acts dangerous to human 18
life that are a violation of the criminal laws of the United 19
States or a state thereof or that would be a criminal 20
violation if committed within the jurisdiction of the United 21
States or a state thereof; and 22
(b) Appear to be intended to: 23
a. Intimidate or coerce a civilian po pulation; 24
b. Influence the policy of a government by 25
intimidation or coercion; or 26
c. Affect the conduct of a government by mass 27
destruction, assassination, or kidnapping . 28
2. Unlawful possession of a firearm is a class C 29
felony, unless a person has been convicted of a dangerous 30
felony as defined in section 556.061, or the person has a 31
prior conviction for unlawful possession of a firearm in 32
which case it is a class B felony. 33 SB 544 4
3. The provisions of subdivision (1) of subsection 1 34
of this section shall not apply to the possession of an 35
antique firearm. 36