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SECOND REGULAR SESSION
HOUSE BILL NO. 2492
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE WEBER.
4346H.02I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 571.014, RSMo, and to enact in lieu thereof two new sections relating to a
voluntary self-exclusion list for the purchase of firearms, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 571.014, RSMo, is repealed and two new sections enacted in lieu
2 thereof, to be known as sections 571.014 and 571.515, to read as follows:
571.014. 1. A person commits the crime of unlawful refusal to transfer by denying
2 sale of a firearm to a nonlicensee, who is otherwise not prohibited from possessing a firearm
3 under state or federal law , solely on the basis that the nonlicensee purchased a firearm that
4 was later the subject of a trace request by law enforcement.
5 2. V iolation of subsection 1 of this section shall be a class A misdemeanor .
6 3. Notwithstanding any other provision of law to the contrary , other than the
7 pr ovisions of section 571.515, no federal firearms dealer licensed under 18 U.S.C. Section
8 923 who engages in the sale of firearms within this state shall fail or refuse to complete the
9 sale of a firearm to a customer in every case in which the sale is authorized by federal law .
10 4. The provisions of this section shall not apply to any individual federal firearms
11 license holder , his agents, or employees to the extent they chose in their individual judgment
12 to not complete the sale or transfer of a firearm for articulable reasons specific to that
13 transaction, so long as those reasons are not based on the race, gender , religion, creed of the
14 buyer .
571.515. 1. As used in this section, the following terms shall mean:
2 (1) "Contact person", the person designated as a contact pursuant to subsection
3 3 of this section by the person voluntarily waiving the right to pur chase a 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.
4 (2) "Department", the Missouri department of public safety;
5 (3) "V oluntary waiver", a voluntary waiver of the right to pur chase a fir earm as
6 described in this section.
7 2. (1) A person may voluntarily waive the right to pur chase a fir earm. While
8 such waiver is in effect, no person shall sell or otherwise transfer a fir earm to a person
9 who voluntarily waived the right to pur chase a fir earm.
10 (2) The department shall pr omulgate forms for a person to file either in person
11 or electr onically for a voluntary waiver , to update contact information, and to revoke a
12 voluntary waiver .
13 3. (1) T o voluntarily waive the right to pur chase a fir earm, a person shall file a
14 voluntary waiver with the department. The department shall verify the person's
15 identity prior to accepting the voluntary waiver .
16 (2) A person who voluntarily waives the right to pur chase a fir earm may
17 designate one or mor e contact persons who will be contacted, pursuant to this section, if
18 the person attempts to pur chase a fir earm while the voluntary waiver is in effect or if
19 the person revok es the voluntary waiver .
20 (3) The department shall immediately notify the person who filed the voluntary
21 waiver and each contact person when the department accepts the filer's voluntary
22 waiver .
23 (4) No later than twenty-four hours after accepting a voluntary waiver , the
24 department shall enter the voluntary waiver into the National Instant Criminal
25 Backgr ound Check System and any other federal or state computer -based systems used
26 by law enfor cement agencies or others to identify proh ibited purch asers of fir earms.
27 (5) All forms or reco rds filed pursuant to this section shall be confidential and
28 shall be closed reco rds under chapter 610.
29 4. W ithin twenty-four hours of an attempted transfer of a fir earm to a person
30 with a voluntary waiver , the department shall notify each contact person for such
31 person.
32 5. (1) T o rev oke a voluntary waiver , a person shall file for r evocation with the
33 department. The department shall verify the person's identity prior to accepting the
34 r evocation. The waiver shall rem ain in effect for thirty days after the department
35 accepts the revo cation.
36 (2) The department shall notify each contact person of the revocation no later
37 than twenty-four hours after the department rece ives the r evocation requ est.
38 (3) Thirty days after the department accepts the revocation , and unless the
39 person is otherwise ineligible to possess a fir earm pursuant to state or federal law , the
40 department shall rem ove the person's information fr om the National Instant Criminal
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41 Backgr ound Check System and any other federal or state computer -based systems in
42 which the person was enter ed and that are used by law enfor cement agencies or others
43 to identify proh ibited pur chasers of fir earms, and the department shall destr oy all
44 r ecords of the voluntary waiver .
45 6. The submission of a voluntary waiver shall be made only by the person to
46 whom the voluntary waiver shall apply . Any person that attempts to submit a voluntary
47 waiver on behalf of another person shall be guilty of a class A misdemeanor .
48 7. The department may promul gate rules to implement the pr ovisions of this
49 section. Any rule or portion of a rule, as that term is defined in section 536.010, that is
50 cr eated under the authority delegated in this section shall become effective only if it
51 complies with and is subject to all of the pr ovisions of chapter 536 and, if applicable,
52 section 536.028. This section and chapter 536 are nonseverable and if any of the powers
53 vested with the general assembly pursuant to chapter 536 to revi ew , to delay the
54 effective date, or to disappr ove and annul a rule are subsequently held unconstitutional,
55 then the grant of rulemaking authority and any rule pro posed or adopted after August
56 28, 2026, shall be invalid and void.
✔
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