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SECOND REGULAR SESSION
HOUSE BILL NO. 3195
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE YOUNG.
6346H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 571, RSMo, by adding thereto two new sections relating to the sale and
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 two new sections, to be
2 known as sections 571.200 and 571.202, to read as follows:
571.200. As used in this section and section 571.202, the following terms mean:
2 (1) "Law enfor cement officer", any individual employed by the United States or
3 by a state, county , city , municipality , village, township, or other political subdivision as a
4 police officer or peace officer or in a similar position that involves the enfor cement of
5 the law and pro tection of the public interes t;
6 (2) "Licensed dealer", a person who has a valid federal fir earms dealer license
7 and all additional licenses re quir ed by state or local law to engage in the business of
8 selling or transferring fir earms;
9 (3) "Person", any individual, corporation, company , association, firm,
1 0 partnership, club, organization, society , joint stock company , or other entity .
571.202. 1. No person shall sell or otherwise transfer a fir earm, including
2 thr ough online interactions, unless:
3 (1) Such person is a licensed dealer;
4 (2) The pur chaser or transferee is a licensed dealer; or
5 (3) The sale or transfer satisfies the req uire ments of subsection 2 or 3 of this
6 section.
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.
7 2. If neither party to a fir earms transaction is a licensed dealer , the parties may
8 have a licensed dealer facilitate the sale or transfer . A licensed dealer shall pr ocess the
9 sale or other transfer as if the licensed dealer is the seller or transferor . The licensed
10 dealer shall comply with all r equir ements of federal, state, and local law that would
11 apply if the licensed dealer were the seller or transfero r of the fir earm. The licensed
12 dealer shall conduct a backgroun d check on the pur chaser or transferee in accordance
13 with 18 U.S.C. Section 922(t) and other state and local law and, if the transaction is not
14 pr ohibited, deliver the fir earm to the purch aser or transfer ee after all legal
1 5 r equirement s ar e satisfied. The licensed dealer may r equir e the pur chaser or
16 transfer ee to:
17 (1) For administrative costs incurr ed by the licensed dealer , pay a fee up to, but
18 not to exceed:
19 (a) Thirty-five dollars for each transaction involving the transfer of only one
20 fir earm; and
21 (b) Fifty dollars for each transaction involving the transfer of multiple fir earms;
22 and
23 (2) Pay other fees pursuant to federal, state, and local law .
24 3. A trustee, under the authority of a trust, or a personal r epresent ative,
25 executor , or administrator of an estate shall, before transferring any fir earm to an heir
26 or devisee, have a licensed dealer facilitate the sale or transfer thr ough the pr ocess
27 described under subsection 2 of this section. If the transaction is proh ibited, the heir or
28 devisee may:
29 (1) T ransfer ownership of the fir earm to a specific individual, pro vided the
30 transfer to that individual is not proh ibited by the pr ocess described under subsection 2
31 of this section;
32 (2) Sell the fir earm to a licensed dealer; or
33 (3) Request that a licensed dealer sell the fir earm on behalf of the heir or devisee
34 and receive the pr oceeds of the sale, minus any fee.
35 4. Notwithstanding any provi sion of law to the contrary , neither the state nor a
36 political subdivision ther eof shall req uire any licensed dealer to disclose transactions
37 conducted under the prov isions of subsection 2 or 3 of this section. All reco rds shall be
38 maintained by the licensed dealer in accordance with federal law .
39 5. The pr ovisions of subsections 1 and 2 of this section shall not apply to:
40 (1) Any law enfor cement or corr ections agency or law enfor cement or
41 corr ections officer acting within the course and scope of his or her employment or
42 official duties;
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43 (2) A United States Marshal, a member of the Armed For ces of the United States
44 or the National Guard, or a federal official transferring or recei ving a fir earm as
45 r equir ed in the operation of his or her official duties;
46 (3) A gunsmith who r eceives a fir earm solely for the purposes of service or
47 r epair or the ret urn of the fir earm to its owner by the gunsmith;
48 (4) A common carrier , war ehouseman, or other person engaged in the business
49 of transportation or storage, to the extent that the receip t of any fir earm is in the
50 ordinary course of business and not for the personal use of any such person; or
51 (5) A person who transfers a fir earm to a r elative who is re lated within the first
52 degr ee by consanguinity or affinity .
53 6. A violation of a pr ovision of this section is a class B misdemeanor . Each day a
54 violation of this section is committed or continued shall be consider ed a separate
55 violation and punished accordingly .
56 7. In addition to any other penalty or re medy , the investigating law enforcem ent
57 agency shall report any violation of this section committed by a licensed dealer to the
58 attorney general, who shall report the violation to the Bure au of Alcohol, T obacco,
59 Fir earms and Explosives within the United States Department of Justice.
✔
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