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SECOND REGULAR SESSION
HOUSE BILL NO. 2985
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE BUR TON.
4596H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 571, RSMo, by adding thereto one new section relating to the transfer of
firearms, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 571, RSMo, is amended by adding thereto one new section, to be
2 known as section 571.201, to read as follows:
571.201. 1. As used in this section, the following terms mean:
2 (1) "Central re pository", the same meaning given to the term in section 43.500;
3 (2) "Law enfor cement officer", any individual employed by the United States or
4 by a state, county , city , municipality , village, township, or other political subdivision as a
5 police officer or peace officer or in a similar position that involves the enfor cement of
6 the law and pro tection of the public interes t;
7 (3) "Licensed dealer", a person who has a valid federal fir earms dealer license
8 and all additional licenses re quir ed by state or local law to engage in the business of
9 selling or transferring fir earms;
10 (4) "Person", any individual, corporation, company , association, firm,
1 1 partnership, club, organization, society , joint stock company , or other entity;
12 (5) "T ransfer ee", a person who desire s to rece ive or acquir e a fir earm fr om a
13 transfer or . If a transferee is not a natural person, each natural person who is
14 authorized by the transferee to possess the fir earm after the transfer shall be deemed
15 the transferee and subject to the r equir ements of this section.
16 2. Any person who is not a licensed dealer , before transferring or attempting to
17 transfer possession of a fir earm, shall re quir e that a backgrou nd check be conducted on
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 the pr ospective transferee and shall obtain appr oval of the transfer from the central
19 r epository after a backgroun d check. A person who is not a licensed dealer shall
20 arrange for either a licensed dealer or law enforcem ent agency to obtain the backgroun d
21 check.
22 3. (1) A licensed dealer who obtains a backgroun d check on a pr ospective
23 transfer ee shall record the transfer and ret ain the rec ords in the same manner and for
24 the same duration as r equir ed under 18 U.S.C. Section 923(g).
25 (2) A licensed dealer or law enforcem ent agency that obtains a backgroun d
26 check for a pro spective fir earm transferor shall pr ovide the fir earm transfero r and
27 transfer ee a copy of the res ults of the backgroun d check, including the central
28 r epository appr oval or disappr oval of the transfer .
29 (3) A licensed dealer or law enfor cement agency may charge a fee for conducting
30 a backgr ound check, which shall not exceed twenty-five dollars or the cost of conducting
31 the backgroun d check, whichever is great er .
32 4. (1) A pr ospective fir earm transferee shall not accept possession of a fir earm
33 unless the pr ospective fir earm transfer or has obtained appr oval of the transfer fr om the
34 central r epository after a backgroun d check.
35 (2) A pr ospective fir earm transfer ee shall not knowingly pr ovide false
36 information to a pr ospective fir earm transfer or or to a licensed dealer for the
37 purpose of acquiring a fir earm.
38 5. If the central repo sitory appr oves a transfer of a fir earm in accordance with
39 this section, the appr oval shall be valid for thirty calendar days, during which time the
40 transfer or and transferee may complete the transfer .
41 6. The pr ovisions of this section shall not apply to:
42 (1) A transfer of an antique fir earm, as defined in 18 U.S.C. Section 921, as
43 amended, or a curio or rel ic, as defined in 27 CFR 478, as amended;
44 (2) A transfer that is a bona fide gift or loan between immediate family
45 members, which shall be limited to spouses, par ents, children , siblings, grandpare nts,
46 grandchildr en, nieces, nephews, first cousins, aunts, and uncles;
47 (3) A transfer that occurs by operation of law or because of the death of a person
48 for whom the prospec tive transfero r is an executor or administrator of an estate or a
49 trustee of a trust cr eated in a will;
50 (4) A transfer that is temporary and occurs while in the home of the unlicensed
51 transfer ee if:
52 (a) The unlicensed transfere e is not proh ibited fro m possessing fir earms; and
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53 (b) The unlicensed transferee r easonably believes that possession of the fir earm
54 is necessary to pr event imminent death or serious bodily injury to the unlicensed
55 transfer ee;
56 (5) A temporary transfer of possession without transfer of ownership or a title to
57 ownership, which transfer takes place:
58 (a) At a shooting range located in or on pr emises owned or occupied by a duly
59 incorporated organization organized for conservation purposes or to foster proficien cy
60 in fir earms;
61 (b) At a target fir earm shooting competition under the auspices of, or appr oved
62 by , a state agency or a nonpro fit organization; or
63 (c) While hunting, fishing, target shooting, or trapping if:
64 a. The hunting, fishing, target shooting, or trapping is legal in all places wher e
65 the unlicensed transferee possesses the fir earm; and
66 b. The unlicensed transfer ee holds any license or permit that is req uired for such
67 hunting, fishing, target shooting, or trapping;
68 (6) Any temporary transfer that occurs while in the continuous pr esence of the
69 owner of the fir earm;
70 (7) Any law enfor cement or corr ections agency or law enfor cement or
71 corr ections officer acting within the course and scope of his or her employment or
72 official duties;
73 (8) A United States marshal, a member of the Armed For ces of the United States
74 or the National Guard, or a federal official transferring or recei ving a fir earm as
75 r equir ed in the operation of his or her official duties;
76 (9) A gunsmith who r eceives a fir earm solely for the purposes of service or
77 r epair or the ret urn of the fir earm to its owner by the gunsmith;
78 (10) A common carrier , wareh ouseman, or other person engaged in the business
79 of transportation or storage, to the extent that the receip t of any fir earm is in the
80 ordinary course of business and not for the personal use of any such person; or
81 (1 1) A person who transfers a fir earm to a relat ive who is r elated within the first
82 degr ee by consanguinity or affinity .
83 7. A violation of a pr ovision of this section is a class B misdemeanor . Each day a
84 violation of this section is committed or continued shall be consider ed a separate
85 violation and punished accordingly .
86 8. In addition to any other penalty or re medy , the investigating law enforcem ent
87 agency shall report any violation of this section committed by a licensed dealer to the
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88 attorney general, who shall report the violation to the Bure au of Alcohol, T obacco,
89 Fir earms and Explosives within the United States Department of Justice.
✔
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