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SECOND REGULAR SESSION
HOUSE BILL NO. 2401
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE EAL Y .
6156H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapters 571 and 630, RSMo, by adding thereto three new sections relating to the
storage of firearms, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapters 571 and 630, RSMo, are amended by adding thereto three new
2 sections, to be known as sections 571.055, 571.056, and 630.1040, to read as follows:
571.055. 1. As used in this section, the following terms mean:
2 (1) "Child", any person under eighteen years of age;
3 (2) "Locking device", a device that pr ohibits the operation or discharge of a
4 fir earm and that can be disabled only with the use of a key , combination, or biometric
5 data;
6 (3) "Personalized firearm ", a fire arm that has, as part of its original
7 manufactur e, incorporated design technology that allows the fir earm to be fir ed only
8 by the authorized user and pr events any of the safety characteristics of the fir earm fr om
9 being read ily deactivated by anyone other than the authorized user . The technology
10 limiting the fir earm's operation may include, but is not limited to, fingerprint
11 verification, magnetic encoding, radio fr equency tagging, or automatic user
1 2 identification systems that utilize biometric, mechanical, or electr onic systems;
13 (4) "Unauthorized person", any person who is ineligible to possess a fir earm
14 under state or federal law .
15 2. The following actions shall be deemed r esponsible and secure storage of a
16 fir earm:
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 (1) W ith the exception of a concealed or openly carried fir earm in a secure
18 holster , fir earms shall be kept unloaded until read y to use;
19 (2) W ith the exception of a concealed or openly carried fir earm in a secure
20 holster , fir earms shall be secur ely stor ed in a manner that ensur es:
21 (a) The fir earms ar e not accessible to unauthorized persons, including childr en.
22 Examples of secure storage include, but are not limited to, trigger locks, cable locks,
23 locking gun cases, strong boxes, security cases, locking gun cabinets, and gun safes; and
24 (b) Unauthorized persons and childr en do not have access to the key ,
25 combination, or other unlocking mechanism necessary to open the storage container
26 or rem ove the locking device; and
27 (3) W ith the exception of a concealed or openly carried fir earm in a secure
28 holster , a personalized fir earm's safety characteristics shall be activated.
29 3. A person commits the offense of unlawful storage of a fir earm if the person
30 fails to res ponsibly and securely stor e a fir earm, as described under subsection 2 of this
31 section, upon any pr emises that the person owns or contr ols, and:
32 (1) The person knows or reas onably should know a child can gain access to the
33 fir earm without the permission of the child's par ent or guardian and without direct
34 adult supervision; or
35 (2) The person knows or r easonably should know a cotenant is ineligible to
36 possess a fir earm under state or federal law .
37 4. This section shall not apply to the storing of an antique fir earm, as defined
38 under 18 U.S.C. Section 921, or a curio or rel ic, as defined under 27 CFR 478.1 1.
39 5. The offense of unlawful storage of a fir earm is punishable by a five-hundr ed-
40 dollar fine for a first violation and punishable as a class B misdemeanor for a second or
41 subsequent violation.
42 6. It is a defense to the offense of unlawful storage of a fir earm if a child or
43 cotenant gained possession of and used the fir earm in a lawful act of self-defense,
44 defense of others, or defense of livestock.
571.056. 1. Any fir earms dealer licensed under 18 U.S.C. Section 923 shall post,
2 in a conspicuous location on its pr emises and at any other location at which the dealer
3 sells a fir earm, the following notice, in writing, on a printed card, with each letter at a
4 minimum of one inch in height:
5 Notice
6 Unlawful storage of a fir earm may res ult in imprisonment or fine.
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7 2. A violation of this section by a licensed fir earms dealer is punishable by a
8 warning for a first violation and punishable by a fine of not mor e than five hundr ed
9 dollars for a second or subsequent violation.
630.1040. 1. (1) The department of public safety shall include on a public page
2 of the department's website addr essing suicide pr evention the following information:
3 (a) The offense of unlawful storage of a fir earm under section 571.055; and
4 (b) The penalties for an offense relat ed to pr oviding a fire arm to a child or
5 allowing a child to possess a fir earm in violation of section 571.060.
6
7 The information shall be in both English and Spanish.
8 (2) The department shall include ref erences to the offenses described under
9 subdivision (1) of this subsection and dir ection to the department website for mor e
10 information about those offenses in any materials provi ded to:
11 (a) Licensed fir earms dealers, shooting ranges, and safety instructors; and
12 (b) Health car e pr oviders, including facilities licensed under chapters 197 and
13 198.
14 2. The department of public safety shall develop a notice intended to be
15 displayed on the pr emises of a licensed fir earms dealer , and designed to be printed with
16 each letter at a minimum of one inch in height, that informs fir earms pur chasers that
17 unlawful storage of a fir earm may res ult in imprisonment or fine. The department shall
18 make electr onic copies of the notice publicly available for download fro m its website
19 without charge.
✔
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