Modifies provisions relating to unlawful use of weapons

SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 2266
103RD GENERAL ASSEMBL Y
5964H.02C JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 571.030, RSMo, and to enact in lieu thereof one new section relating to
unlawful use of weapons, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 571.030, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 571.030, to read as follows:
571.030. 1. A person commits the of fense of unlawful use of weapons, except as
2 otherwise provided by sections 571.101 to 571.121 and sections 571.205 to 571.230 , if he or
3 she knowingly:
4 (1) Carries concealed upon or about his or her person a knife, a firearm, a blackjack
5 or any other weapon readily capable of lethal use into any area where firearms are restricted
6 under section 571.107; or
7 (2) Sets a spring gun; or
8 (3) Dischar ges or shoots a firearm into a dwelling house, a railroad train, boat,
9 aircraft, or motor vehicle as defined in section 302.010, or any building or structure used for
10 the assembling of people; or
11 (4) Exhibits, in the presence of one or more persons, any weapon readily capable of
12 lethal use in an angry or threatening manner; or
13 (5) Has a firearm or projectile weapon readily capable of lethal use on his or her
14 person, while he or she is intoxicated, and handles or otherwise uses such firearm or projectile
15 weapon in either a negligent or unlawful manner or dischar ges such firearm or projectile
16 weapon unless acting in self-defense; or
17 (6) Dischar ges a firearm within one hundred yards of any occupied schoolhouse,
18 courthouse, or church building; 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.
19 (7) Dischar ges or shoots a firearm at a mark, at any object, or at random, on, along or
20 across a public highway or dischar ges or shoots a firearm into any outbuilding; or
21 (8) Carries a firearm or any other weapon readily capable of lethal use into any
22 church or place where people have assembled for worship, or into any election precinct on
23 any election day , or into any building owned or occupied by any agency of the federal
24 government, state government, or political subdivision thereof; or
25 (9) Dischar ges or shoots a firearm at or from a motor vehicle, as defined in section
26 301.010, dischar ges or shoots a firearm at any person, or at any other motor vehicle, or at any
27 building or habitable structure, unless the person was lawfully acting in self-defense; or
28 (10) Carries a firearm, whether loaded or unloaded, or any other weapon readily
29 capable of lethal use into any school, onto any school bus, or onto the premises of any
30 function or activity sponsored or sanctioned by school of ficials or the district school board; or
31 (1 1) Possesses a firearm while also knowingly in possession of a controlled substance
32 that is suff icient for a felony violation of section 579.015.
33 2. Subdivisions (1), (8), and (10) of subsection 1 of this section shall not apply to the
34 persons described in this subsection, regardless of whether such uses are reasonably
35 associated with or are necessary to the fulfillment of such person's of ficial duties except as
36 otherwise provided in this subsection. Subdivisions (3), (4), (6), (7), and (9) of subsection 1
37 of this section shall not apply to or af fect any of the following persons, when such uses are
38 reasonably associated with or are necessary to the fulfillment of such person's of ficial duties,
39 except as otherwise provided in this subsection:
40 (1) All state, county and municipal peace of ficers who have completed the training
41 required by the police of ficer standards and training commission pursuant to sections 590.030
42 to 590.050 and who possess the duty and power of arrest for violation of the general criminal
43 laws of the state or for violation of ordinances of counties or municipalities of the state,
44 whether such of ficers are on or of f duty , and whether such of ficers are within or outside of the
45 law enforcement agency's jurisdiction, or all qualified retired peace of ficers, as defined in
46 subsection 12 of this section, and who carry the identification defined in subsection 13 of this
47 section, or any person summoned by such of ficers to assist in making arrests or preserving the
48 peace while actually engaged in assisting such of ficer;
49 (2) W ardens, superintendents and keepers of prisons, penitentiaries, jails and other
50 institutions for the detention of persons accused or convicted of crime;
51 (3) Members of the Armed Forces or National Guard while performing their of ficial
52 duty;
53 (4) Those persons vested by Article V , Section 1 of the Constitution of Missouri with
54 the judicial power of the state and those persons vested by Article III of the Constitution of
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55 the United States with the judicial power of the United States, the members of the federal
56 judiciary;
57 (5) Any person whose bona fide duty is to execute process, civil or criminal;
58 (6) Any federal probation of ficer or federal flight deck of ficer as defined under the
59 federal flight deck of ficer program, 49 U.S.C. Section 44921, regardless of whether such
60 of ficers are on duty , or within the law enforcement agency's jurisdiction;
61 (7) Any state probation or parole of ficer , including supervisors and members of the
62 parole board;
63 (8) Any corporate security advisor meeting the definition and fulfilling the
64 requirements of the regulations established by the department of public safety under section
65 590.750;
66 (9) Any coroner , deputy coroner , medical examiner , or assistant medical examiner;
67 (10) Any municipal or county prosecuting attorney or assistant prosecuting attorney;
68 any circuit attorney or assistant circuit attorney; any municipal, associate, or circuit judge;
69 the attorney general and any assistant attorney general; or any person appointed by a
70 court to be a special prosecutor who has completed the firearms safety training course
71 required under subsection 2 of section 571.1 1 1;
72 (1 1) Any member of a fire department or fire protection district who is employed on a
73 full-time basis as a fire investigator and who has a valid concealed carry endorsement issued
74 prior to August 28, 2013, or a valid concealed carry permit under section 571.1 1 1 when such
75 uses are reasonably associated with or are necessary to the fulfillment of such person's of ficial
76 duties; and
77 (12) Upon the written approval of the governing body of a fire department or fire
78 protection district, any paid fire department or fire protection district member who is
79 employed on a full-time basis and who has a valid concealed carry endorsement issued prior
80 to August 28, 2013, or a valid concealed carry permit, when such uses are reasonably
81 associated with or are necessary to the fulfillment of such person's of ficial duties.
82 3. Subdivisions (1), (5), (8), and (10) of subsection 1 of this section do not apply
83 when the actor is transporting such weapons in a nonfunctioning state or in an unloaded state
84 when ammunition is not readily accessible or when such weapons are not readily accessible.
85 Subdivision (1) of subsection 1 of this section does not apply to any person nineteen years of
86 age or older or eighteen years of age or older and a member of the United States Armed
87 Forces, or honorably dischar ged from the United States Armed Forces, transporting a
88 concealable firearm in the passenger compartment of a motor vehicle, so long as such
89 concealable firearm is otherwise lawfully possessed, nor when the actor is also in possession
90 of an exposed firearm or projectile weapon for the lawful pursuit of game, or is in his or her
91 dwelling unit or upon premises over which the actor has possession, authority or control, or is
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92 traveling in a continuous journey peaceably through this state. Subdivision (10) of subsection
93 1 of this section does not apply if the firearm is otherwise lawfully possessed by a person
94 while traversing school premises for the purposes of transporting a student to or from school,
95 or possessed by an adult for the purposes of facilitation of a school-sanctioned firearm-related
96 event or club event.
97 4. Subdivisions (1), (8), and (10) of subsection 1 of this section shall not apply to any
98 person who has a valid concealed carry permit issued pursuant to sections 571.101 to 571.121
99 or sections 571.205 to 571.230 , a valid concealed carry endorsement issued before August
100 28, 2013, or a valid permit or endorsement to carry concealed firearms issued by another state
101 or political subdivision of another state.
102 5. Subdivisions (3), (4), (5), (6), (7), (8), (9), and (10) of subsection 1 of this section
103 shall not apply to persons who are engaged in a lawful act of defense pursuant to section
104 563.031.
105 6. Notwithstanding any provision of this section to the contrary , the state shall not
106 prohibit any state employee from having a firearm in the employee's vehicle on the state's
107 property provided that the vehicle is locked and the firearm is not visible. This subsection
108 shall only apply to the state as an employer when the state employee's vehicle is on property
109 owned or leased by the state and the state employee is conducting activities within the scope
110 of his or her employment. For the purposes of this subsection, "state employee" means an
111 employee of the executive, legislative, or judicial branch of the government of the state of
112 Missouri.
113 7. (1) Subdivision (10) of subsection 1 of this section shall not apply to a person who
114 is a school officer commissioned by the district school board under section 162.215 or who is
115 a school protection of ficer , as described under section 160.665.
116 (2) Nothing in this section shall make it unlawful for a student to actually participate
117 in school-sanctioned gun safety courses, student military or ROTC courses, or other school-
118 sponsored or club-sponsored firearm-related events, provided the student does not carry a
119 firearm or other weapon readily capable of lethal use into any school, onto any school bus, or
120 onto the premises of any other function or activity sponsored or sanctioned by school of ficials
121 or the district school board.
122 8. A person who commits the crime of unlawful use of weapons under:
123 (1) Subdivision (2), (3), (4), or (1 1) of subsection 1 of this section shall be guilty of a
124 class E felony;
125 (2) Subdivision (1), (6), (7), or (8) of subsection 1 of this section shall be guilty of a
126 class B misdemeanor , except when a concealed weapon is carried onto any private property
127 whose owner has posted the premises as being of f-limits to concealed firearms by means of
128 one or more signs displayed in a conspicuous place of a minimum size of eleven inches by
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129 fourteen inches with the writing thereon in letters of not less than one inch, in which case the
130 penalties of subsection 2 of section 571.107 shall apply;
131 (3) Subdivision (5) or (10) of subsection 1 of this section shall be guilty of a class A
132 misdemeanor if the firearm is unloaded and a class E felony if the firearm is loaded;
133 (4) Subdivision (9) of subsection 1 of this section shall be guilty of a class B felony ,
134 except that if the violation of subdivision (9) of subsection 1 of this section results in injury or
135 death to another person, it is a class A felony .
136 9. V iolations of subdivision (9) of subsection 1 of this section shall be punished as
137 follows:
138 (1) For the first violation a person shall be sentenced to the maximum authorized term
139 of imprisonment for a class B felony;
140 (2) For any violation by a prior offender as defined in section 558.016, a person shall
141 be sentenced to the maximum authorized term of imprisonment for a class B felony without
142 the possibility of parole, probation or conditional release for a term of ten years;
143 (3) For any violation by a persistent of fender as defined in section 558.016, a person
144 shall be sentenced to the maximum authorized term of imprisonment for a class B felony
145 without the possibility of parole, probation, or conditional release;
146 (4) For any violation which results in injury or death to another person, a person shall
147 be sentenced to an authorized disposition for a class A felony .
148 10. Any person knowingly aiding or abetting any other person in the violation of
149 subdivision (9) of subsection 1 of this section shall be subject to the same penalty as that
150 prescribed by this section for violations by other persons.
151 1 1. Notwithstanding any other provision of law , no person who pleads guilty to or is
152 found guilty of a felony violation of subsection 1 of this section shall receive a suspended
153 imposition of sentence if such person has previously received a suspended imposition of
154 sentence for any other firearms- or weapons-related felony offense.
155 12. As used in this section "qualified retired peace of ficer" means an individual who:
156 (1) Retired in good standing from service with a public agency as a peace of ficer ,
157 other than for reasons of mental instability;
158 (2) Before such retirement, was authorized by law to engage in or supervise the
159 prevention, detection, investigation, or prosecution of, or the incarceration of any person for ,
160 any violation of law , and had statutory powers of arrest;
161 (3) Before such retirement, was regularly employed as a peace of ficer for an
162 aggregate of fifteen years or more, or retired from service with such agency , after completing
163 any applicable probationary period of such service, due to a service-connected disability , as
164 determined by such agency;
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165 (4) Has a nonforfeitable right to benefits under the retirement plan of the agency if
166 such a plan is available;
167 (5) During the most recent twelve-month period, has met, at the expense of the
168 individual, the standards for training and qualification for active peace of ficers to carry
169 firearms;
170 (6) Is not under the influence of alcohol or another intoxicating or hallucinatory drug
171 or substance; and
172 (7) Is not prohibited by federal law from receiving a firearm.
173 13. The identification required by subdivision (1) of subsection 2 of this section is:
174 (1) A photographic identification issued by the agency from which the individual
175 retired from service as a peace of ficer that indicates that the individual has, not less recently
176 than one year before the date the individual is carrying the concealed firearm, been tested or
177 otherwise found by the agency to meet the standards established by the agency for training
178 and qualification for active peace of ficers to carry a firearm of the same type as the concealed
179 firearm; or
180 (2) A photographic identification issued by the agency from which the individual
181 retired from service as a peace of ficer; and
182 (3) A certification issued by the state in which the individual resides that indicates
183 that the individual has, not less recently than one year before the date the individual is
184 carrying the concealed firearm, been tested or otherwise found by the state to meet the
185 standards established by the state for training and qualification for active peace of ficers to
186 carry a firearm of the same type as the concealed firearm.
✔
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