Creates the offense of unlawful possession of a firearm by a minor

SECOND REGULAR SESSION
HOUSE BILL NO. 2631
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE MURRA Y .
6389H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 571.095, RSMo, and to enact in lieu thereof two new sections relating to
unlawful possession of a firearm by a minor , with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 571.095, RSMo, is repealed and two new sections enacted in lieu
2 thereof, to be known as sections 571.068 and 571.095, to read as follows:
571.068. 1. A person who is under eighteen years of age commits the offense of
2 unlawful possession of a fir earm by a minor if such person knowingly possesses a
3 handgun or ammunition that is suitable only for a handgun.
4 2. The offense of unlawful possession of a fir earm by a minor is a class A
5 misdemeanor .
6 3. This offense shall not apply to:
7 (1) A temporary transfer of a handgun or ammunition to a person under
8 eighteen years of age or the possession or use of a handgun or ammunition by a person
9 under eighteen years of age if the handgun and ammunition are possessed and used by
10 such person in accordance with state law and any ordinances of a political subdivision:
11 (a) In the course of employment;
12 (b) In the course of ranching or farming rel ated to activities at the res idence of
13 the person or on prop erty used for ranching or farming at which the person, with the
14 permission of the pr operty owner or lessee, is performing activities rela ted to the
15 operation of the farm or ranch; or
16 (c) In the course of target practice or hunting or during instruction in the safe
17 and lawful use of a handgun.
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.
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19 The person under eighteen years of age shall have the prior written consent of the
20 person's par ent or guardian who is not pr ohibited by federal or state law or any
21 ordinance fr om possessing a fir earm and shall transport the handgun unloaded and in a
22 locked container dir ectly fr om the place of transfer to the place at which the activity in
23 this subdivision is to take place;
24 (2) A person under eighteen years of age who is a member of the Armed For ces
25 of the United States or the National Guard and who possesses or is armed with a
26 handgun in the line of duty;
27 (3) A transfer by inheritance of title of a handgun or ammunition to a person
28 under eighteen years of age; or
29 (4) The possession of a handgun or ammunition by a person under eighteen
30 years of age taken in defense of the person or other persons against an intruder into the
31 r esidence of the person or a r esidence in which the person is invited as a guest.
32 4. As used in this section, the term "handgun" shall mean a fir earm that has a
33 short stock and is designed to be held and fir ed by the use of a single hand. The term
34 "handgun" shall not include an antique fir earm.
571.095. 1. Upon conviction for or attempting to commit a felony in violation of any
2 law perpetrated in whole or in part by the use of a firearm, the court may , in addition to the
3 penalty provided by law for such of fense, order the confiscation and disposal or sale or trade
4 to a licensed firearms dealer of firearms and ammunition used in the commission of the crime
5 or found in the possession or under the immediate control of the defendant at the time of his
6 or her arrest.
7 2. A fir earm or ammunition that is in the possession of a minor in violation of
8 section 571.068, the possession of which is transferred to the minor in cir cumstances in
9 which the transferor is not in violation of section 571.060 or 571.080, shall not be subject
10 to permanent confiscation if its possession by the minor subsequently becomes unlawful
11 because of the conduct of the minor , but shall be ret urned to the lawful owner when such
12 fir earm or ammunition is no longer req uire d for the purposes of investigation or
13 pr osecution.
14 3. The proceeds of any sale or gains from trade shall be the property of the police
15 department or sherif f's department responsible for the defendant's arrest or the confiscation of
16 the firearms and ammunition. If such firearms or ammunition are not the property of the
17 convicted felon, they shall be returned to their rightful owner if he or she is known and was
18 not a participant in the crime. Any proceeds collected under this section shall be deposited
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19 with the municipality or by the county treasurer into the county sheriff 's revolving fund
20 established in section 50.535.
✔
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