The legislature is back in session and the attacks on the Second Amendment are greater than ever. As I always say “we’re just one election away from becoming Illinois (or Virginia!)” If you haven’t heard, Virginia legislators have become so anti-gun that they are now entertaining legislation to take guns away from the police! I am so thankful I live in Missouri.
If you want to see the legislation for yourself you can go to senate.mo.gov and click on Legislation at the top of the page. Once you are on the Legislation page, you’ll see several choices and searching by topic makes it a little easier. However, these bills may be listed under ‘Weapon,’ ‘Firearms,’ or even ‘Crimes and Punishment’ so you have to look closely. For example, under “Firearms’ there are 12 bills, under “Weapons” there are 8 bills, some of which are duplicated from other categories. Of course, these are only the Senate Bills.
After you finish that search go to House.mo.gov for the bills filed in the House of Representatives. Again, click on ‘Legislation’ and then ‘Subject Index” and start all over.
The House has 51 bills filed under “Firearms’ and 23 under ‘Weapons’ and again, some are duplicated.
So, what legislation is pending? I’ll start with the Senate Bills as they may have a slight advantage in terms of getting passed. I am listing these in numerical order, which should also be chronological order. The lower numbers were filed first and each listing shows the bill number, the last name of the legislator who filed it, the title, and where necessary, a brief description. And lastly, the comments, especially those in italics, are my own and may not necessarily be those of Todd Burke, or anyone else.
SB 538 – Libla (R) – Modifies penalties relating to the offense of unlawful possession of a firearm.
Under current law, the offense of unlawful possession of a firearm is a Class D felony. This act increases the penalty for unlawful possession of a firearm by a person convicted of a dangerous felony, a crime of armed criminal action, or the offense of trafficking drugs to a Class C felony.
SB 543 – Nasheed (D)- Creates new provisions relating to firearm restraining orders
This act creates a “firearms restraining order” which prohibits the custody, purchasing, possessing, or receiving of firearms by a person believed to pose a danger of causing injury to himself, herself, or another by use of a weapon.
A law enforcement officer or a family or household member of a person believed to pose a danger of causing injury to himself, herself, or another by use of a weapon may file a petition with the court. Upon filing a petition for a firearms restraining order, the court will order a hearing within thirty days of the petition being filed. The petitioner shall not be charged court costs or filing fees or fees charged by a sheriff or other law enforcement agency for service of process. At the hearing the court must consider certain evidence as provided in the act. The petitioner must prove by clear and convincing evidence that the respondent is a danger by having or obtaining a firearm. A firearms restraining order is effective for six months unless terminated or renewed by the court.
Additionally, upon a finding of probable cause that the respondent possesses a firearm, the court will issue a search warrant for law enforcement to seize the respondent’s firearm or firearms. (The vast majority of law enforcement officers do not want to be sent to seize your guns. In some states, officers are refusing to do so.)
An emergency firearms restraining order and a full firearms restraining order requires the respondent to refrain from purchasing, receiving, or possessing any firearms. If the Judge thinks you are a danger to yourself or others, you must turn over to a local law enforcement agency all your firearms and your concealed carry permit.
SB 562 – Onder – Increases penalties for the offense of armed criminal action
Under current law, any person who commits any felony with the use, assistance, or aid of a dangerous instrument or deadly weapon is guilty of the crime of armed criminal action which is punishable by imprisonment for a term no less than 3 years. This act increases the penalty to no less than 5 years. Under current law, any person convicted of a second offense of armed criminal action shall be punished by imprisonment for a term no less than 5 years. This act increases the penalty to no less than 10 years. Finally, under current law any person convicted of a third offense of armed criminal action shall be punished by imprisonment for a term no less than 10 years. This act increases the penalty to no less than 15 years.
SB 563 – Schupp – Modifies provisions relating to the offense of unlawful possession of firearms
This is another “red flag law.” This act allows the court, after issuing any order of protection, to prohibit you from knowingly possessing or purchasing any firearm while the order is in effect. The court will inform the respondent in writing and, if the respondent is present (in other words, this can be done without your knowledge!), orally of such prohibition of firearms. Additionally, the court will forward the order to the state highway patrol and the state highway patrol will notify the Federal Bureau of Investigation within 24 hours that such an order has been received.
This act requires that after a conviction for the offenses of domestic assault in the fourth degree and stalking in the second degree, the court will forward the record of conviction to the state highway patrol and the state highway patrol will notify the Federal Bureau of Investigation within 24 hours that such an record has been received.
This act modifies the offense of unlawful possession of a firearm to include a person who possess a firearm and has been convicted of a misdemeanor offense of domestic violence or other misdemeanor domestic violence crimes or a person subject to an order of protection under this act.
This act contains an emergency clause. (This means it would go into effect as soon as the Governor signs the Bill.) NOTE: This legislation would basically duplicate federal law which already exists. (Editor: If it is not clear to you why “red flag” laws are so dangerous, please CLICK HERE to read a well-documented explanation by Doctors for Responsible Gun Ownership.)
SB 588 – Burlison – Creates additional protections to the right to bear arms
This act creates the “Second Amendment Preservation Act” and,
- The act declares that federal supremacy does not apply to federal laws that restrict or prohibit the manufacture, ownership, and use of firearms, firearm accessories, or ammunition within the state because such laws exceed the scope of the federal government’s authority.
- This act declares as invalid all federal laws that infringe on the right to bear arms under the Second Amendment to the U.S. Constitution and Article I, Section 23 of the Missouri Constitution. Some laws declared invalid under this act include certain taxes, certain registration and tracking laws, certain prohibitions on the possession, ownership, use, or transfer of a specific type of firearm, and confiscation orders.
- The act declares that it is the duty of the courts and law enforcement agencies to protect the rights of law-abiding citizens to keep and bear arms.
- Under this act, no public officer or state or local employee has the authority to enforce firearms laws declared invalid by the act.
- Any public officer or state or local employee who tries to enforce the firearms law declared invalid by the act or any person who acts under the color of law to deprive a Missouri citizen of rights or privileges ensured by the federal and state constitutions shall be liable for redress.
- In such an action attorney’s fees and costs may be awarded, and official or qualified immunity shall not be available to the defendant as a defense. Such officer or employee may also be prohibited from serving as a law enforcement officer for the state or any political subdivision.
SB 663 – Burlison – Modifies and removes provisions relating to concealed firearms
This act is far too lengthy to recite all the provisions here. Basically, it repeals gun fee zones, makes it clear that a person who has a CCW may lawfully carry into any of those locations (yet another reason to get your permit!), and prohibits the state or any county, municipality or other political subdivision from imposing any ordinance, rule, policy, contractual agreement, or employment agreement restricting an employee with a valid concealed carry permit from carrying a concealed weapon.
SB 697 – Sifton – Adds provisions making it unlawful for certain persons to possess firearms
This act adds provisions making it unlawful for any person who has been convicted in any court of a misdemeanor crime of domestic violence, any person who is illegally or unlawfully in the United States, any person who was once a United States citizen but has renounced that citizenship, and any person subject to certain court orders relating to domestic violence to possess a firearm. NOTE: Those prohibitions already exist in federal law.
SB 700 – Onder – Allows the concealed carry of firearms on public transportation systems and the transporting of non-functioning or unloaded firearms on public buses
Current law makes it a crime to board a bus with a dangerous or deadly weapon or carry such a weapon in a terminal. In addition, weapons may not be carried on any facility or conveyance used for a public transportation system of the Bi-State Development Agency. This act provides that a person carrying a concealed firearm who possesses a valid concealed carry permit or endorsement shall not be prohibited or impeded from accessing or using any public transportation system. The person may not be harassed or detained for carrying a concealed firearm on the property, vehicles, or conveyances owned, contracted, or leased by such systems that are accessible to the public. This act does not apply to property of Amtrak.
SB 758 – Onder – Modifies provisions relating to the offense of unlawful possession of a firearm for certain persons
Under current law, the offense of unlawful possession of a firearm by a person convicted of a felony or a person who is a fugitive from justice is a Class D felony. This act increases the penalty to a Class C felony. NOTE: Right now, the courts refuse to convict anyone of being a “fugitive from justice” because the rm ‘fugitive’ is not defined in the statutes! Rep Chuck Basye has filed a bill to fix that.
SB 759 – Onder – Increases the penalties for the offenses of unlawful transfer of weapons and fraudulent purchase of firearms
Under current law, the offense of knowingly selling, leasing, loaning, giving away or delivering a firearm or ammunition to any person who is not lawfully entitled to possess such firearm or ammunition is a class E felony. This act increases the penalty to a class D felony. Under current law, the offense of knowingly selling, leasing, loaning, giving away or delivering a blackjack (aka an ASP or baton) to a person under eighteen years old with the consent of a parent or guardian is a class A misdemeanor. This act increases the penalty to a class E felony. Additionally, recklessly selling, leasing, loaning, giving away or delivering a firearm or ammunition for a firearm to a person who is intoxicated is a class A misdemeanor. This act increases the penalty to a class E felony. Under current law, the fraudulent purchase of a firearm is a class E felony. This act increases the penalty to a class D felony.
SB 778 – Hoskins – Creates the offense of unlawful use of unmanned aircraft over certain facilities
Under this act, a person commits the offense of unlawful use of unmanned aircraft (Drone) over a correctional center and the offense of unlawful use of an unmanned aircraft over a correctional center is punishable as follows:
- Delivering a gun, knife, weapon, or other article that can be used to endanger the life of an offender or correctional center employee, in which case the offense is a Class B felony;
- Facilitating an escape from confinement, in which case the offense is a Class C felony; or
- Delivering a controlled substance, in which case the offense is a Class D felony.
SB 799 – Schupp – Provides that all sales of firearms be processed through a licensed firearm dealer who shall conduct background checks
This act provides that a person shall not sell or transfer a firearm unless the person is a firearms dealer, selling or transferring to a firearms dealer, or, if neither party is a firearms dealer, the parties to the transaction complete the sale or transfer through a licensed firearms dealer. The dealer may require the purchaser or transferee to pay a fee covering administrative costs and other applicable fees. (How much $$$ ?)
A firearms dealer shall not be required for transactions involving …to the extent the receipt of the firearm is in the ordinary course of business; persons loaned a firearm solely for target shooting at a properly licensed target facility; and persons loaned a firearm for lawful hunting or sporting purposes so long as the owner of the firearm is accompanying the person loaned the firearm.
NOTE: Although both state and federal law allow a person to leave a firearm to someone through their will, this bill would require that transfer to go through a licensed dealer – at the recipient’s expense.
Any person violating any of the provisions relating to firearms dealers shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000, or imprisonment for a period not exceeding six months, or both. A person guilty of such an offense shall be guilty of a separate offense for each and every day during any portion of which a violation of this provision is committed or continued.
The Attorney General shall report any violation of the provisions relating to firearms dealers by any licensed firearm dealer to the Bureau of Alcohol, Tobacco, Firearms and Explosives within the United States Department of Justice.
WHEW! Those are just the Senate Bills. There are at least 51 firearms related bills in the House (so far.) I am reminded that “No man’s liberty or property is safe when the legislature is in session.”
HB1260 – Brown, Modifies the offense of unlawful possession of a firearm
How other countries imagine Americans eat breakfast.
This bill modifies the categories of persons who cannot possess firearms so that Missouri law conforms with federal law. NOTE: In other words, this is already federal law.
The bill specifies that any person who has been convicted in any court of a misdemeanor crime of domestic assault, any person who is illegally or unlawfully in the United States, any person who was once a United States citizen but has renounced that citizenship, or any person subject to certain court orders relating to domestic violence cannot possess a firearm. Similar to a Senate Bill.
HB1261 – Brown, Repeals provisions that prohibit political subdivisions from adopting orders, ordinances, or regulations relating to firearms
This bill repeals Section 21.750, RSMo, in which the General Assembly preempted the entire field of firearms regulation. Political subdivisions will now be able to regulate firearms in any manner allowed by state and federal law and that is consistent with their police powers or charter. NOTE: In other words, this would give every county or town the ability to create their own restrictions on every aspect of the Second Amendment!
HB1267 – Bangert, Modifies provisions relating to the transport and storage of firearms in motor vehicles
This bill attempts to make it illegal to have a firearm in your vehicle unless it is locked in the trunk or a separate container. Specifically, under this bill, if a person transports or stores in a motor vehicle, outside of a locked container or locked trunk, a loaded, concealed firearm, he or she commits the offense of unlawful use of a weapon and shall be guilty of a class B misdemeanor.
The bill makes exceptions for certain individuals if the concealable firearm is in the passenger compartment of the vehicle, is lawfully possessed, and the firearm is a handgun under the direct control of the person carrying the firearm, the person is also in possession of an exposed firearm or projectile weapon for the lawful pursuit of game, the person and motor vehicle are in the person’s dwelling unit or premises, or the person is traveling on a continuous journey peaceably through this state.
HB1295 – Dinkins, Creates new provisions related to firearm safety instruction
This bill requires schools to offer instructions on hunter safety with a firearm safety component as a required part of sixth, seventh, or eighth grade physical education courses, beginning in school year 2021-22.
The bill allows high schools to offer at least one elective physical education course that includes firearm safety instruction with a qualified firearm safety instructor.
This bill requires school districts beginning in the school year 2021-22 to teach in first grade a gun safe program as specified in Section 171.410, RSMo. “Each school district and charter school may annually teach the Eddie Eagle Gunsafe Program to first grade students.”
NOTE: RSMo 174.410, quoted above, is a provision that Todd and I proposed to Senator Dan Brown. He filed it as Senate Bill 5 and got it passed. However, when we proposed it the language said schools shall provide this safety training for students. In order to get it past a threatened filibuster, Senator Brown had to change it to “may” provide this safety training.
HB1391 – Price, Establishes the offense of unlawfully storing a firearm in the presence of a child
This bill creates the offense of unlawfully storing a firearm in the presence of a child. This offense is committed if a person, “acting with criminal negligence,” (1) failed to secure a readily dischargeable firearm or left such a firearm in a place they knew or should have known a child could access, (2) a child gains access to that firearm, and (3) discharges it, and injures or kills him or herself or someone else.
Unlawfully storing and securing a firearm is punishable as a class D misdemeanor, unless the child discharges a round from the firearm causing death or ‘serious bodily injury’ to themselves or someone else, in which case it is punishable as a class A misdemeanor.
The bill also provides several affirmative defenses to the offense of unlawfully storing a firearm in the presence of a child. These affirmative defenses include if the child’s access to the firearm was under the supervision of someone who is at least 18 years of age and the firearm was used for a hunting or sporting purpose, or if the child obtains access to the firearm by illegal means. Also, it is an affirmative defense if the child ultimately uses the firearm in an act of lawful self-defense.
HB1453 – Schroer, Modifies provisions relating to the offense of armed criminal action
This bill adds armed criminal action to the definition of “dangerous felony” under Section 556.061, RSMo.
The bill also specifies that any person who commits a felony with the use of an unlawfully-possessed firearm is also guilty of armed criminal action and will be punished by imprisonment of at least eight years in addition to any punishment provided for the offense committed with the unlawfully-possessed firearm. Any person convicted of a second offense of armed criminal action under these provisions will be punished by at least 18 years’ imprisonment in addition to any punishment provided for the offense committed with the unlawfully-possessed firearm. Finally, any person who is convicted of a third or subsequent offense of armed criminal action under these provisions will be sentenced to at least 28 years’ imprisonment in addition to any punishment provided for the offense committed with the unlawfully-possessed firearm.
HB1457 -Schroer, allows persons who can lawfully carry firearms to sue for certain injuries sustained on the property of businesses that voluntarily prohibit firearms
Under this bill, if a business posts signs prohibiting concealed firearms on their property, then the business would be finally liable for injuries or damages sustained by individuals, who would otherwise be authorized to carry firearms, while on the premises of that business.
By posting signs prohibiting firearms the business would assume a ‘duty to defend its customers.’ The business would be held responsible for the intentional or reckless conduct of third parties, including trespassers and wild or vicious animals. The bill authorizes the injured individual to sue the business and if successful, recover attorneys’ fees, expert witness costs, and court costs.
NOTE: This is another bill I would really like to see everyone support. It could easily remove many ‘gun-free’ businesses. Call 573-751-2210 and briefly and politely ask that HB 1457 be brought to the floor for a vote. (Editor: I called Speaker Haahr’s office. His assistant is a nice lady.)
HB1496 – Beck, Modifies the offenses of unlawful transfer of weapons and unlawful possession of a firearm
This bill makes it a crime to knowingly sell or give a firearm to an individual whose name is on the federal Terrorist Screening Center’s No Fly List or to a member of an international or domestic terrorist group. NOTE: A person’s name is usually placed on the no-fly list with no notice, so you don’t know you are on the list and you don’t have the opportunity to defend yourself. US Senator Ted Kennedy once found himself on the no-fly list. Clerical errors are made. On August 19, 2004, Senator Kennedy described what happened, as he told it during a Senate hearing in an exchange with Maureen Baginski, who at the time was the FBI’s executive assistant director of intelligence. See: https://en.wikipedia.org/wiki/No_Fly_List
HB1529 – Razer, Requires that all sales or transfers of firearms be processed through a licensed firearms dealer
This bill requires all sales or transfers of firearms to be processed by a federally licensed firearms dealer who is first required to conduct a National Instant Criminal Background Check System background check to determine if the purchaser or transferee is legally barred from possessing a firearm.
NOTE: This bill does not allow any exceptions for loaning the gun to a friend or family member, etc. So, you would pay a fee and undergo a background check to loan a family member your gun and you would pay that fee and undergo a background check again to get it back.
HB1533 – Washington, Creates a class C felony for manufacturing, importing, possessing, purchasing, sell, or transfer any assault weapon or large capacity magazine
This bill prohibits manufacturing, importing, possessing, purchasing, selling, or transferring any assault weapon or large capacity magazine.
The bill provides specific definitions for “assault weapon”, which may include specified types of semiautomatic rifles, pistols, and shotguns, and defines “large capacity magazines” as those accepting more than 10 rounds of ammunition with certain exceptions.
The bill also exempts any person who, prior to the effective date of this Section, was legally in possession of an assault weapon or a large capacity magazine.
The unlawful manufacture, import, possession, purchase, sale, or transfer of an assault weapon or a large capacity magazine is a class C felony. The definition of an assault weapon is in the bill at: https://house.mo.gov/billtracking/bills201/hlrbillspdf/3880H.01I.pdf
HB1535 – Washington, Adds public libraries to the list of places CCW permit holders are not authorized to carry concealed weapons
This bill adds public libraries to the list of places concealed firearms cannot be carried.
HB1567 – Billington, Prohibits an employer from terminating an employee for having a firearm in the employee’s vehicle on the employer’s premises
An employer is prohibited from terminating an employee for having a firearm in the employee’s vehicle on the employer’s property if the employee’s vehicle is locked and the firearm is not visible.
HB1576 – Morgan, Requires a firearm owner to report lost or stolen firearms
This bill requires a firearm owner to report to local law enforcement the loss or theft of a firearm within 72 hours of discovering the loss or theft. Failure to report a lost or stolen firearm is an infraction punishable by a fine not to exceed $100 for the first violation, $1000 for the second violation, and a misdemeanor punishable by imprisonment not to exceed six months or a fine not to exceed $1000, or both, for the third violation. NOTE: I wonder how can anyone prove when you discovered the loss or theft?
HB1599 – Roberts, Modifies the offense of unlawful use of a weapon to apply to the open or concealed carrying of a firearm in the City of St. Louis without a concealed carry permit
This would make it an unlawful use of weapons, to carry a firearm in St. Louis. NOTE: Under the current version of RSMO 21.750, and municipality cannot outlaw guns or otherwise contradict state law. So, the legislature would also have to change that statute or allow this as an exception.
HB1630 – Deaton, Changes the law regarding concealed carry permits by lowering the age requirement to eighteen or older
This bill would simply lower the age requirement from 19 to 18 years of age for a concealed carry permit.
NOTE: At the age of 18 a person may already engage in “constitutional carry.” This bill would allow them to get training and get the CCW license which provides much greater legal protection than carrying under “constitutional carry.”
HB1637 – Taylor, Establishes the “Second Amendment Preservation Act,” which creates additional protections to the right to bear arms
This bill basically mirrors Senator Burlison’s bill. See, Senate Bill 588 above.
NOTE: This legislation is currently being held, or ignored, by the Speaker of the House, Representative Elijah Haahr, and he controls which bills move and which bills die. If you support this bill, you may call his office at 573-751-2210 and briefly and politely ask that this bill be brought to the floor for a vote. Those calls, when polite and professional, do make a difference. (Editor’s Note: on 1/27/20 I called Speaker Haahr’s office and asked for this very thing. Dale is correct…polite works.)
B1638 – Taylor, Modifies provisions relating to the concealed carrying of firearms
This bill makes changes to the list of locations an individual can carry a concealed firearm within this state and the list of locations an individual with a concealed carry permit can carry a concealed firearm within the state. NOTE: There is a big difference between where you can carry with a permit and where you can carry if you do not have a permit. (Another good reason to get the permit!)
This bill also prohibits the state, political subdivisions, and public institutions of higher learning from imposing any policies or contractual requirements that would have the effect of prohibiting employees or students from the carrying of concealed firearms into locations where concealed carry is not otherwise prohibited by law. NOTE: This would, for example, eliminate the current University of Missouri’s rule that prohibits faculty, staff, and students from carrying on campus. It is not illegal to carry on campus, it is just against the rules for faculty, staff, and students to do so.
HB1646 – Windham, Establishes a firearm-owner registry under the management of the Attorney General
Each firearm owner in the state will be required to complete a firearm catalog form (created by the Attorney General) each year by March 1st. All firearms must be registered with the state! Failure to do so may be punished by a civil penalty up to $5000. NOTE: In other words, this is gun registration on a grand scale. Under current law, guns in Missouri are not registered (except for machine guns, suppressors, etc.) This would reverse 200 years of Missouri freedom.
HB1669 – Basye, Changes the laws regarding firearms
Under current state and federal law, a police officer may take a weapon into a school when on duty. However, that same officer may NOT even take a weapon within 1000 feet of a school zone when off duty. Since anyone with a CCW may lawfully carry a weapon into a school, this bill simply states that having a valid peace officer license constitutes having a CCW LICENSE. NOTE: I asked representative Basye to file this on behalf of our law enforcement officers. And, yes, you read that correctly. Anyone with a Missouri CCW may lawfully conceal carry in a public school in Missouri. Feel free to contact me for details.
HB1676 – Manlove, Requires that all sales or transfers of firearms and ammunition be processed through a licensed firearms dealer
This not only requires all firearms to be transferred by a dealer, at your cost, but also requires a background check for the purchase of AMMUNITION! The licensed dealer may require the purchaser or transferee to pay a fee not to exceed $25. So, buy a box of ammunition for $25 and also pay $25 for the background check before you can buy the ammunition.
HB1680 – Basye, Changes the laws regarding firearm offenses
Under current Missouri law, if you remove the serial number from a firearm, or if you possess a firearm with a removed serial number, it is only a misdemeanor. This bill changes that to a Class B felony. NOTE: I asked Representative Basye to file this on behalf of our police officers.
HB1722 – Schnelting, Allows concealed carrying of firearms on public transportation systems and transporting nonfunctional or unloaded firearms on public buses
Currently, it is a crime to board a bus with a dangerous or deadly weapon or carry such a weapon in a terminal. This bill allows a concealed carry permit holder to lawfully carry firearms on public transportation, as defined in the bill. This is basically the same as Senate Bill 700.
HB1793 – Rogers, Removes references to repealed statutes that related to weapons offenses
This is basically a housekeeping bill. It removes statutory references to obsolete and repealed firearms statutes. Personally, I appreciate the fact that someone is doing the work to clean up our statutes. It is a lot of work and the legislator won’t really get any credit for doing it.
HB1805 – Basye, Changes the laws regarding weapon offenses by defining fugitive from justice
In 2016, the Missouri Western District Court of Appeals issued a decision in which it reversed the conviction for a man who was a ‘fugitive with a gun.’ The court reasoned that there was no definition of fugitive in the statute, so they set him free. Since then, the Prosecuting Attorneys around the state have refused to prosecute any ‘fugitive with a gun’ case. However, no one did anything to fix the problem! I asked Representative Basye to file this bill which simply adds the definition of ‘fugitive’ to the state statutes.
HB1824 – Aldridge, Requires a firearm owner to report lost or stolen firearms
This bill requires a firearm owner to report to local law enforcement the loss or theft of a firearm within 72 hours of discovering the loss or theft. Failure to report a lost or stolen firearm is an infraction punishable by a fine not to exceed $100 for the first violation, $1000 for the second violation, and a misdemeanor punishable by imprisonment not to exceed six months or a fine not to exceed $1000, or both, for the third violation. This is similar to HB 1576.
HB1829 – Green, Establishes the “Extreme Risk Protection Order Act”
Another “Red Flag Law.’ The bill establishes the “Extreme Risk Protection Act”, and makes it a crime to possess a firearm while subject to an extreme risk protection order.
Any person, as specified in the bill, who has or has had a close relationship with a person who poses a significant risk of personal injury to him or herself or others may file a petition for an extreme risk protection order with a court. If the court, based on testimony, documents, or other evidence (and what would that be?), finds that there is reasonable cause to believe that the defendant poses a significant risk to him or herself or others the court shall issue an extreme risk protection order.
The court may issue the order without notice to the individual!
Once this order goes into effect, the court may order law enforcement officials to come out and seize all of your firearms.
NOTE: Once again, I can assure you that the vast majority of law enforcement officers I know do not want to be sent out to seize your guns. Many of them tell me they would refuse to do so.
(Editor: If it is not clear to you why “red flag” laws are so dangerous, please CLICK HERE to read a well-documented explanation by Doctors for Responsible Gun Ownership.)
HB1833 – Green, Prohibits the sale of an assault weapon to a person under the age of 21
This bill provides a long list of things that constitute an ‘assault weapon’ and then makes it illegal to sell or deliver or loan any such weapon to someone younger than 21.
The details are too many to list here but you may see the bill at https://house.mo.gov/billtracking/bills201/hlrbillspdf/4264H.01I.pdf.
HB1856 – Bosley, Changes the law regarding the sale of firearm ammunition
This bill would eliminate all reloading in Missouri. Under this bill ammunition may only be sold by a ‘licensed’ seller and the bill creates a huge new, very expensive (for the taxpayer) bureaucracy for becoming a licensed dealer of ammunition. That license must be renewed every year.
No one under the age of 18 (or possibly 21 depending on how you interpret the statute) would be allowed to work for a licensed seller of ammunition. It prohibits individuals from bringing any ammunition in from out of state. If you are coming to Missouri for a firearms competition it would allow you to bring into the state (only) 50 rounds!
NOTE: Obviously most competitors and especially our Bianchi Cup competitors could never get by with only 50 rounds at a competition.
It requires all ammunition to be behind the counter. It prohibits selling firearm ammunition to a person who is prohibited by a court order from owning or possessing firearm ammunition. I don’t know how the seller is going to know that.
HB1857 – Razer, Establishes the “Firearm Violence Prevention Act”
After Senseless Murder Of Goliath, Philistines Call For Ban On Fully Automatic, High-Capacity Slings
A ‘red flag law’ bill. The bill allows a family or household member or a law enforcement officer to petition the court for an extreme risk protection order (ERPO). A warrant may be issued to search and seize a firearm from a person subject to an ERPO if there is probable cause that the person possesses a firearm. Upon issuance of the ERPO, the respondent shall surrender all of his or her firearms and his or her concealed carry permit if the respondent has one. The hearing to take your guns and your CCW may be held without notice to you.
(Editor: If it is not clear to you why “red flag” laws are so dangerous, please CLICK HERE to read a well-documented explanation by Doctors for Responsible Gun Ownership.)
HB1893 – Schroer, Establishes Blair’s Law, which adds the discharging of a firearm within or into the limits of a municipality with criminal negligence to the offense of unlawful use of a weapon
A person commits the crime of unlawful use of a weapon if, with criminal negligence, he or she discharges a firearm within or into the limits of any municipality.
HB1901 – Hicks, Allows the concealed carry of firearms on public transportation systems and the transporting of non-functioning or unloaded firearms on public buses
This bill allows concealed carry permit holders to lawfully carry firearms on public transportation. “Public transportation system” is defined in the bill. In addition, this bill exempts persons transporting non-functioning or unloaded firearms on buses from the crimes prohibiting the possession of weapons on buses.
HB1929 – Gunby, Authorizes a tax credit to offset amounts paid in sales tax on gun safety mechanisms
Beginning January 1, 2021, a taxpayer will be allowed to claim a tax credit against their tax liability for the amount of sales tax on the purchases of any firearms safes or firearm safety devices, as defined in the bill.
HB1961 – Schroer, Establishes the “Keep Our Schools Safe Act”
This bill defines “law enforcement officer”, “school protection officer”, and “volunteer”, and requires school districts in the state to designate at least one school protection officer in each of the district’s school buildings. The bill requires school protection officers to carry a concealed firearm and self-defense spray. The bill subjects any employee or administrator of a school to termination proceedings for failure to ensure that a school protection officer is present during normal school hours.
HB1993 – Mayhew, Requires the State Highway Patrol to host a website where the public can determine whether a serial number of a firearm has been reported stolen
The highway patrol shall, subject to appropriation, maintain a web page that shall be open to the public and shall include a stolen firearm search capability. The stolen firearm search shall make it possible for any person using the internet to search for the serial number of a firearm and determine whether the firearm has been reported stolen. The highway patrol shall not be required to provide any other information regarding a stolen firearm.
HB2056 – Spencer, Modifies and removes provisions relating to concealed firearms
This bill rewrites the sections on conceal carry restrictions. It adds or perhaps clarifies (at least) one new location that is prohibited and would eliminate numerous others. Under current law, if you carry into a place where they don’t want you to carry and the police are called to remove you, you can receive a fine and also have your CCW license suspended. This bill appears to remove the potential to have your CCW suspended under those circumstances.
NOTE: The bill is 17 pages long and too much to decipher in detail here. You may read it at https://house.mo.gov/billtracking/bills201/hlrbillspdf/4507H.01I.pdf
HB2087 – Rowland, Establishes Blair’s Law, which adds the discharging of a firearm within or into the limits of a municipality with criminal negligence to the offense of unlawful use of a weapon
Basically, the same as HB1897 above. A person commits the crime of unlawful use of a weapon if, with criminal negligence, he or she discharges a firearm within or into the limits of any municipality. The bill provides exceptions for a weapon discharged in self-defense or in a “properly supervised” (?) shooting range.
HB2096 – Shawan, Removes concealing a knife from the offense of unlawful use of weapons
The concealed carrying of a knife that is not a switchblade knife shall not constitute an offense of unlawful use of weapons. That’s it. It is a short bill.
HB2099 – Hill, Specifies that lawful owners of firearms may transport or store the firearms in locked, privately-owned motor vehicles
A person who lawfully possesses a firearm may transport or store such firearm in a locked, privately owned motor vehicle in any parking lot, parking garage, or other designated parking area. No property owner shall be liable in any civil action for damages resulting from or arising out of an occurrence involving a firearm transported or stored under this section. Nothing in this section shall prohibit an employer or business entity from adopting policies specifying that firearms stored in locked, privately owned motor vehicles on property controlled by the employer or business entity be hidden from plain view or within a locked case or container within the vehicle
HB2118 – Shawan, Changes the law regarding concealed carry permits to allow proof of an honorable discharge to satisfy some firearm safety training requirements
This bill grants a Certificate of Completion for a Firearms Safety Training Course to an applicant who was honorably discharged from the military. In other words, this bill would imply that whatever you learned in the military is the same as what you would learn in a CCW course.
NOTE: I am a vet (4 years Air Force and 6 years Navy) so I’m all for accommodating those who have served. However, while I did learn (a little) from the military about how to shoot, they taught me absolutely nothing about Missouri’s laws regarding the use of force or self-defense. (Editor’s Note: I agree with Dale. We have had literally hundreds of military veterans since 2003 admit that “they didn’t know what they didn’t know” and expressed the value of a well-delivered 8-hour CCW class.)
HB2134 – Lavender, Establishes extreme risk orders of protection, which prohibit certain persons from having firearms in their custody, control, or possession
This is another “Red Flag Law.” This would create an extreme risk order of protection to provide due process procedures for keeping guns out of the hands of those who may harm themselves or others. The court may grant an extreme risk order of protection provided that: a petition is filed (for free, by anyone!) alleging that you pose a significant danger of causing personal injury to self or others by having in your custody a firearm.
The order may be issued with no notice to you and once the order is granted, law enforcement may be sent to seize all your guns. Your CCW license will also be revoked. If the order expires, you must go through a background check to get your firearms back.
This bill would allow someone to file against a law enforcement officer! In Colorado, a woman recently filed such a case against an officer who show her son.
(Editor: If it is not clear to you why “red flag” laws are so dangerous, please CLICK HERE to read a well-documented explanation by Doctors for Responsible Gun Ownership.)
HB2135 – Lavender, Requires that all sales or transfers of firearms be processed through a licensed firearms dealer
This is another bill that would require all firearm transfers to be made through a dealer with a NICS background check. This would not apply to a background check if the transfer is to a relative who is related within the first degree by consanguinity or affinity. In other words, you could transfer to a spouse, parent, or child without going through a dealer.
HB2150 – Ross, Establishes the “Second Amendment Preservation Act,” which creates additional protections to the right to bear arms
This is quite similar to Senator Burlison’s bill, SB 588 listed above. For more details, see: https://house.mo.gov/billtracking/bills201/sumpdf/HB2150I.pdf.
HB2169 – Sharp, Establishes Blair’s Law, which creates the offense of unlawful discharge of a firearm for discharging a firearm within or into the limits of a municipality with criminal negligence
Self-explanatory. Similar to HB1893 and HB2087, above.
HB2186 – Shawan, Changes the law regarding concealed carrying of weapons by allowing firearms in churches and other places of worship with a concealed carry permit
This bill would eliminate item #14 under RSMo 571.107. That statute lists the places where, maybe, you should not carry but where carrying is not a criminal offense.
NOTE: If you have a CCW, you may lawfully carry a concealed weapon in a church and you do not need anyone’s permission.
HB2227 – Washington, Establishes the offense of unlawful possession of a handgun, which prohibits the possession of a handgun by a minor
This bill would create the offense of ‘unlawful possession of a handgun by a minor.’ It punishes the minor and not the person who gave them the gun.
The bill defines “Minor”, a person who is under nineteen years of age (or, if a member of the United States Armed Forces, under eighteen years of age.)
NOTE: The problem with this is that under federal law an 18-year-old may lawfully possess a handgun. This bill would be in direct conflict with federal law.
HB2231 – Aldridge, Requires a firearm owner to report lost or stolen firearms
This bill would require the owner of a firearm to report the loss or theft of a firearm within seventy-two hours of discovering the loss or theft to the local law enforcement agency.
HB2259 – Chipman, Allows military members to renew concealed carry permits by mail while on active duty
This one is quite straight forward. Beginning August 28, 2020, an active military member may complete the renewal of his or her CCW by mail and have it sent to them at their current duty station.
HB2269 – Appelbaum, Creates a civil penalty for possession of a large capacity magazine
No person shall possess a high-capacity magazine. Any person in possession of a high-capacity magazine shall be subject to a civil penalty in the amount of one hundred dollars per high-capacity magazine, not to exceed one thousand dollars per incident.
For the purposes of this section, “high-capacity magazine” shall include a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition, but does not include an attached tubular device designed to accept, and capable of operation only with, .22 caliber ammunition.
HB2270 – Appelbaum, Creates a civil penalty for businesses who sell or produce high-capacity magazines
No information is available for this bill at the time of this writing. It appears self-explanatory.
HCR70 – Windham, Urges the United States Congress to repeal the Firearm Owners Protection Act, 18 U.S.C. Section 926
This one is tricky. It appears to remove federal restrictions to Second Amendment rights. But in reality, it would allow Missouri to create a registry of all guns in the state. Things (like legislation) are not always what they seem!
HJR84 – McDaniel, Proposes an amendment to the Constitution of Missouri relating to a sales tax exemption on firearms and ammunition
Upon voter approval, this proposed Constitutional amendment would exempt firearms and ammunition from state sales tax.
Conservative women. You can take your Marxist feminist dialectic, and shove it!
HJR91 – Merideth, Proposes a constitutional amendment to require a background check for all firearm transfers of ownership and to require a permit to conceal carry a firearm
Upon voter approval, this proposed Constitutional amendment would require that all transfers of ownership of firearms be conducted by licensed firearms dealers who verify that the transfer is legal using a background check.
No person will be allowed to carry concealed firearms in public areas unless the person has a valid concealed carry permit.
NOTE: As with many of these bills, this bill prohibits ‘transfer’ of a firearm without a background check. However, it does not define ‘transfer.’
- What is a transfer?
- If I loan my handgun to Todd for a class he will be teaching, would that require a transfer?
- If you loan a family member a firearm to use in a class, or to use for target practice, or to use for hunting, is that a transfer?
- If so, in each instance it would have to go through a licensed dealer, and you would have to pay for the service.
- Then, when your gun is going to be returned to you, back to the dealer you go and once again you pay a transfer fee.
The Republicans hold a super-majority in both the House of Representatives and the Senate. No legislation can pass without, at least some, Republican support. It is highly unlikely that the Republicans will support any legislation that limits or infringes upon Constitutional rights under the Second Amendment.
So, what’s the harm in allowing someone to file a bill we know will go nowhere? Plenty!
- Every bill must be printed and distributed to every member of the legislature. This creates a significant cost in terms of employee hours, equipment, paper and ink.
- The, every bill must be submitted for a ‘fiscal note.’
- This is a process where any state agency that might be affected by some proposed legislation must review the proposed legislation and submit to the legislature an analysis of the bill in terms of what it would cost the state to implement that legislation if it passes.
- For example, “HB1856 – Bosley, Changes the law regarding the sale of firearm ammunition.”
This bill would require the Missouri Secretary of State to do the following:
- The secretary of state may establish eligibility criteria for licensed ammunition sellers. At a minimum, a licensed ammunition seller shall not be prohibited by state or federal law or by a court order from possessing, receiving, owning, or purchasing a firearm.
- Beginning July 1, 2021, the secretary shall accept applications for licensed ammunition sellers. The secretary may charge a fee sufficient to cover reasonable costs of issuing a license. The secretary shall either issue a license or deny an application within sixty days of receiving the application. If an application is denied, the secretary shall inform the applicant of the reason for denial in writing.
- A license for a licensed ammunition seller shall be issued in a form prescribed by the attorney general. Licenses shall be valid for one year and shall authorize the licensed ammunition seller to sell ammunition:
(1) From any location specified in the license; or
(2) At a gun show or event if the gun show or event is not conducted from any motorized or towed vehicle.
- The secretary of state shall promulgate regulations to implement the provisions of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.
Therefore, the Secretary of State must figure our how that office would accomplish those requirements, how many employees it would take to do all this work, how much furniture they would need, how many computers, what software, and so on, and document the cost of every item!
Then the Secretary of State must write up an analysis, called a fiscal note, to send to the legislature explaining and justifying all the costs of implementing this legislation in case it passes.
The Attorney General’s office must do the same thing to figure the cost for that office to perform the duties under this bill, as if it would pass. We know it won’t pass. But the Secretary of State and the Attorney General must each perform all that work and it is a very labor intensive, and expensive (for the tax payer) process.
FINAL NOTE: Get involved! Have you seen what has happened in Virginia, and Florida, and other states? We are never more than one election from losing our rights. My state Representative is Sara Walsh. But she can’t do me any good if she is in the minority. That’s why I also support other good conservatives, such as Chuck Basye for example, because we must ensure we maintain a majority in the legislature. So, I’ll send $25 or $50, or go to a steak fundraiser, to support them just to ensure my rights are protected. Are your rights worth $25 or $50?
Prepared by Dale H. Roberts, J.D. Not offered as legal advice, you should consult your own lawyer before taking any questionable action.
Stay Safe, Dale Reach me at: firstname.lastname@example.org
Editor’s Note: This article is the result of a significant amount of time and effort on Dale’s part. Thank you Dale, this is huge! I am personally grateful that there are scholars like you who not only burn the energy, but care enough to keep us informed. I echo everything Dale shared with you, and if you took the time to read over this entire synopsis and find yourself here now, nicely done! Freedom isn’t free! Communicate with your legislators and here is the link if you do not know who yours is https://www.mo.gov/government/elected-officials/.