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SECOND REGULAR SESSION
HOUSE BILL NO. 1823
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE PRICE.
3868H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 571.010 and 571.020, RSMo, and to enact in lieu thereof two new sections
relating to possession of certain weapons, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 571.010 and 571.020, RSMo, are repealed and two new sections
2 enacted in lieu thereof, to be known as sections 571.010 and 571.020, to read as follows:
571.010. As used in this chapter , the following terms [ shall ] mean:
2 (1) "Antique[ , curio or relic ] firearm", any firearm [ so defined by the National Gun
3 Control Act, 18 ] that qualifies as an "antique fir earm" under 26 U.S.C. [ T itle 26, ] Section
4 5845[ , and the United States T reasury/Bureau of Alcohol T obacco and Firearms, ] or as an
5 "antique fir earm" or "curios or relic s" under 27 CFR [ Section 178.1 1:
6 (a) "Antique firearm" is any firearm not designed or redesigned for using rim fire or
7 conventional center fire ignition with fixed ammunition and manufactured in or before 1898,
8 said ammunition not being manufactured any longer; this includes any matchlock, wheel
9 lock, flintlock, percussion cap or similar type ignition system, or replica thereof;
10 (b) "Curio or relic firearm" is any firearm deriving value as a collectible weapon due
11 to its unique design, ignition system, operation or at least fifty years old, associated with a
12 historical event, renown personage or major war ] 478.1 1 ;
13 (2) "Blackjack", any instrument that is designed or adapted for the purpose of
14 stunning or inflicting physical injury by striking a person, and which is readily capable of
15 lethal use;
16 (3) "Blasting agent", any material or mixture, consisting of fuel and oxidizer that is
17 intended for blasting, but not otherwise defined as an explosive under this section, provided
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.
18 that the finished product, as mixed for use of shipment, cannot be detonated by means of a
19 numbered 8 test blasting cap when unconfined;
20 (4) "Concealable firearm", any firearm with a barrel less than sixteen inches in length,
21 measured from the face of the bolt or standing breech;
22 (5) "Deface", to alter or destroy the manufacturer's or importer's serial number or any
23 other distinguishing number or identification mark;
24 (6) "Detonator", any device containing a detonating char ge that is used for initiating
25 detonation in an explosive, including but not limited to, electric blasting caps of instantaneous
26 and delay types, nonelectric blasting caps for use with safety fuse or shock tube and
27 detonating cord delay connectors;
28 (7) "Explosive weapon", any explosive, incendiary , or poison gas bomb or similar
29 device designed or adapted for the purpose of inflicting death, serious physical injury , or
30 substantial property damage; or any device designed or adapted for delivering or shooting
31 such a weapon. For the purposes of this subdivision, the term "explosive" shall mean any
32 chemical compound mixture or device, the primary or common purpose of which is to
33 function by explosion, including but not limited to, dynamite and other high explosives, pellet
34 powder , initiating explosives, detonators, safety fuses, squibs, detonating cords, igniter cords,
35 and igniters or blasting agents;
36 (8) "Firearm", any weapon that is designed or adapted to expel a projectile by the
37 action of an explosive;
38 (9) "Firearm silencer", any instrument, attachment, or appliance that is designed or
39 adapted to muffl e the noise made by the firing of any firearm;
40 (10) "Gas gun", any gas ejection device, weapon, cartridge, container or contrivance
41 other than a gas bomb that is designed or adapted for the purpose of ejecting any poison gas
42 that will cause death or serious physical injury , but not any device that ejects a repellant or
43 temporary incapacitating substance;
44 (1 1) "Intoxicated", substantially impaired mental or physical capacity resulting from
45 introduction of any substance into the body;
46 (12) "Knife", any dagger , dirk, stiletto, or bladed hand instrument that is readily
47 capable of inflicting serious physical injury or death by cutting or stabbing a person. For
48 purposes of this chapter , knife does not include any ordinary pocketknife with no blade more
49 than four inches in length;
50 (13) "Knuckles", any instrument that consists of finger rings or guards made of a hard
51 substance that is designed or adapted for the purpose of inflicting serious physical injury or
52 death by striking a person with a fist enclosed in the knuckles;
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53 (14) "Large-capacity ammunition feeding device", a magazine, belt, drum, feed
54 strip, or similar device that has a capacity of, or that can be readi ly r estored or
55 converted to accept, mor e than ten rou nds of ammunition;
56 (15) "Machine gun", any firearm that is capable of firing more than one shot
57 automatically , without manual reloading, by a single function of the trigger;
58 [ (15) ] (16) "Projectile weapon", any bow , crossbow , pellet gun, slingshot or other
59 weapon that is not a firearm, which is capable of expelling a projectile that could inflict
60 serious physical injury or death by striking or piercing a person;
61 [ (16) ] (17) "Rifle", any firearm designed or adapted to be fired from the shoulder and
62 to use the ener gy of the explosive in a fixed metallic cartridge to fire a projectile through a
63 rifled bore by a single function of the trigger;
64 [ (17) ] (18) "School", any charter school, as such term is defined in section 160.400,
65 any private school, as such term is defined in section 166.700, or any public school, as such
66 term is defined in section 160.01 1;
67 [ (18) ] (19) "Short barrel", a barrel length of less than sixteen inches for a rifle and
68 eighteen inches for a shotgun, both measured from the face of the bolt or standing breech, or
69 an overall rifle or shotgun length of less than twenty-six inches;
70 [ (19) ] (20) "Shotgun", any firearm designed or adapted to be fired from the shoulder
71 and to use the ener gy of the explosive in a fixed shotgun shell to fire a number of shot or a
72 single projectile through a smooth bore barrel by a single function of the trigger;
73 [ (20) ] (21) "Spring gun", any fused, timed or nonmanually controlled trap or device
74 designed or adapted to set off an explosion for the purpose of inflicting serious physical injury
75 or death;
76 [ (21) ] (22) "Switchblade knife", any knife which has a blade that folds or closes into
77 the handle or sheath, and:
78 (a) That opens automatically by pressure applied to a button or other device located
79 on the handle; or
80 (b) That opens or releases from the handle or sheath by the force of gravity or by the
81 application of centrifugal force.
571.020. 1. A person commits an of fense if such person knowingly possesses,
2 manufactures, transports, repairs, or sells:
3 (1) An explosive weapon;
4 (2) An explosive, incendiary or poison substance or material with the purpose to
5 possess, manufacture or sell an explosive weapon;
6 (3) A gas gun;
7 (4) A bullet or projectile which explodes or detonates upon impact because of an
8 independent explosive char ge after having been shot from a firearm; [ or ]
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9 (5) Knuckles; [ or ]
10 (6) A large-capacity ammunition feeding device; or
11 (7) Any of the following in violation of federal law:
12 (a) A machine gun;
13 (b) A short-barreled rifle or shotgun;
14 (c) A firearm silencer; or
15 (d) A switchblade knife.
16 2. A person does not commit an of fense pursuant to this section if his or her conduct
17 involved any of the items in subdivisions (1) to [ (5) ] (6) of subsection 1 of this section , the
18 item was possessed in conformity with any applicable federal law , and the conduct:
19 (1) W as incident to the performance of official duty by the Armed Forces, National
20 Guard, a governmental law enforcement agency , or a penal institution; [ or ]
21 (2) W as incident to engaging in a lawful commercial or business transaction with an
22 or ganization enumerated in subdivision (1) of this [ section ] subsection ; [ or ]
23 (3) W as incident to using an explosive weapon in a manner reasonably related to a
24 lawful industrial or commercial enterprise; [ or ]
25 (4) W as incident to displaying the weapon in a public museum or exhibition; or
26 (5) W as incident to using the weapon in a manner reasonably related to a lawful
27 dramatic performance.
28 3. An offense pursuant to subdivision (1), (2), (3) or [ (6) ] (7) of subsection 1 of this
29 section is a class D felony[ ; a crime ] . An offense pursuant to subdivision (4) [ or ] , (5) , or (6)
30 of subsection 1 of this section is a class A misdemeanor .
✔
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