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SECOND REGULAR SESSION
HOUSE BILL NO. 1683
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE WHALEY .
4404H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 1, RSMo, by adding thereto one new section relating to the anti-red flag
gun seizure act, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 1, RSMo, is amended by adding thereto one new section, to be
2 known as section 1.486, to read as follows:
1.486. 1. This section shall be known and may be cited as the "Anti-Red Flag
2 Gun Seizur e Act".
3 2. As used in this section, "r ed flag law" means:
4 (1) Any gun contr ol law , order , or measur e that dir ects the temporary or
5 permanent seizur e of any fir earm, fir earm accessory , or ammunition of an individual,
6 except persons lawfully in custody or persons who have been released after the
7 execution of a bail bond after having been charged with a dangerous felony , as defined
8 in section 556.061; or
9 (2) Any federal statute, federal rule, federal executive order , or federal judicial
10 order or finding, or any state statute, state rule, state executive order , or state judicial
11 order or finding, that:
12 (a) Pr ohibits a Missouri res ident from owning, possessing, transporting,
13 transferring, or receiv ing any fir earm, fir earm accessory , or ammunition, except
14 persons lawfully in custody or persons who have been r eleased after the execution of a
15 bail bond after having been charged with a dangerou s felony , as defined in section
16 556.061; or
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
17 (b) Orders the rem oval or r equir es the surrend er of any fir earm, fir earm
18 accessory , or ammunition of an individual, except persons lawfully in custody or persons
19 who have been r eleased after the execution of a bail bond after having been charged
20 with a dangerous felony , as defined in section 556.061.
21 3. Any federal order of protecti on, other judicial order issued by a federal court,
22 or federal executive order that is a red flag law or otherwise dir ects the confiscation of
23 any fire arm, fir earm accessory , or ammunition fr om any law-abiding citizen within the
24 borders of this state shall not be enforc ed in this state by any state agency , political
25 subdivision, or state or local law enforc ement agency .
26 4. No state agency , political subdivision, or state or local law enfor cement agency
27 shall r eceive any federal moneys for the purpose of enforcing any federal statute, federal
28 rule, federal executive order , or federal judicial order or findings, or for the purpose of
29 enfor cing any state statute, state rule, state executive order , or state judicial order or
30 findings, that would have the effect of enfor cing a r ed flag law against a Missouri
31 r esident.
32 5. No state entity or employee ther eof, political subdivision or employee ther eof,
33 or other entity or person shall have the authority to enforce or attempt to enforce a r ed
34 flag law r egardless of the red flag law's origin or the authority of the issuing entity . This
35 subsection shall not apply to any agent of the federal government enforcin g a federal
36 law or federal order .
37 6. Nothing in this section shall be construed to pr event a fir earm, fir earm
38 accessory , or ammunition fr om being seized as evidence by law enforcem ent in the
39 course of an investigation.
40 7. (1) A political subdivision or state or local law enfor cement agency that
41 employs a law enforcem ent officer who knowingly acts to violate this section and enforce
42 a r ed flag law under the color of any state or federal statute, rule, executive order , or
43 judicial order or finding shall be liable to the party against whom the red flag law was
44 enfor ced in an action at law , suit in equity , or other pr oper pr oceeding for red ress and
45 shall be subject to a civil penalty of fifty thousand dollars per occurr ence.
46 (2) Any person injured under this section shall have standing to pursue an action
47 for injunctive r elief in the circui t court of the county in which the action allegedly
48 occurr ed or in the cir cuit court of Cole County .
49 (3) The court shall hold a hearing on any motion for a temporary re straining
50 order or preli minary injunction within thirty days of service of a petition for the same.
51 (4) In an action br ought under this section by a party against whom the red flag
52 law was enforced , a court may order injunctive or other equitable rel ief, recov ery of
53 damages, other legal rem edies, and payment of r easonable attorney's fees, costs, and
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54 expenses of the party . The relief and rem edies set forth in this section shall not be
55 deemed exclusive and shall be in addition to any other r elief or rem edies permitted by
56 law . The court may award the pr evailing party , if not the state of Missouri or a political
57 subdivision ther eof, reas onable attorney's fees and costs.
58 (5) Sover eign immunity shall not be an affirmative defense to any action br ought
59 under this section.
✔
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