Read the full stored bill text
SECOND REGULAR SESSION
HOUSE BILL NO. 3406
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE VIOLET .
7333H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 537, RSMo, by adding thereto one new section relating to firearm hold
agreements.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 537, RSMo, is amended by adding thereto one new section, to be
2 known as section 537.299, to read as follows:
537.299. 1. As used in this section, unless the context req uires otherwise, the
2 following terms mean:
3 (1) "Federal fir earms licensee", any person or entity licensed under 18 U.S.C.
4 Section 923;
5 (2) "Firear m", the same meaning given to the term in 18 U.S.C. Section 921, as
6 in effect on July 1, 2026;
7 (3) "Fir earm hold agreement", a private agr eement between a federal fir earms
8 licensee and an individual fir earm owner in which the licensee takes physical possession
9 of the owner's lawfully possessed fir earm at the owner's requ est, holds the fir earm for
10 an agreed period of time, and ret urns the fir earm to the owner according to the terms of
11 the agree ment;
12 (4) "Political subdivision", any city , county , or city not within a county .
13 2. Notwithstanding any other pr ovision of federal or state law , a federal fir earms
14 licensee conducting business in this state that has enter ed into a fir earm hold agreement
15 with a fir earm owner shall be immune fro m any claim or cause of action of any kind
16 under theory of liability including, but not limited to, statutory claims or common law
17 claims arising fr om tort or contract for any act or omission concerning, arising out of, or
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 r elated to the temporary storage of the fir earm on the federal fir earms licensee's
19 licensed business pre mises or the ret urn of a fir earm to the individual fir earm owner in
20 accordance with the fir earm hold agreement including, but not limited to, claims r elated
21 to personal injury or death of a person r esulting fr om the r eturn of a fir earm to the
22 fir earm owner at the termination of the fir earm hold agr eement.
23 3. A political subdivision is preempt ed fro m:
24 (1) Imposing any regul ation or additional terms on fir earm hold agree ments; or
25 (2) Cr eating any civil course of action involving the parties to a fir earm hold
26 agr eement.
27 4. This section pr eempts any local statutes, laws, or r egulations that r equir e or
28 impose obligations on a federal fir earms licensee to receive a fir earm by a lawful owner
29 for temporary storage in accordance with a fir earm hold agree ment that ar e beyond the
30 r equir ements of this section.
31 5. Unless requ ired to r etain the record s by federal law , a federal fir earms
32 licensee shall destroy and not r etain in any form, including digital or electr onic r ecords,
33 any fir earm hold agr eement, list of such agreements , or identifying information r elated
34 ther eto not later than ninety days after the termination of the agreement and r eturn of
35 the fir earm to the owner . Destruction shall be in a manner that pr events r econstruction
36 of such r ecords.
37 6. The voluntary exer cise by a fir earm owner of the right to temporarily transfer
38 possession of a lawfully owned fir earm in accordance with a fir earm hold agree ment
39 and the subsequent exercise of the right to r eclaim possession of such fir earm shall be
40 deemed the lawful exercise of a pr operty right and not give rise to:
41 (1) Any presum ption of negligence, fault, reck lessness, or for eseeability;
42 (2) Any infer ence that the fire arm owner lacked the legal capacity or fitness to
43 possess a fir earm; or
44 (3) Any duty , obligation, or expectation that the fir earm owner continue, extend,
45 or delay r eclaiming possession of the fir earm beyond the terms of the agr eement.
46 7. The existence of a fir earm hold agr eement, the decision to enter into such
47 agr eement, or the timing of a fir earm's r eturn in accordance with the agr eement shall
48 not be used to diminish, condition, or burden a fir earm owner's lawful right to possess
49 pr operty and, standing alone, shall not be admissible to establish a standard of car e,
50 br each of duty , or comparative fault in any civil action against the fir earm owner .
51 8. (1) Except as expr essly agr eed by the parties in a fir earm hold agr eement, a
52 federal fir earms licensee shall retu rn the fir earm to the fir earm owner without
53 unr easonable delay upon termination of the agreement and without any additional
HB 3406 2
54 penalties or fees if the owner is not proh ibited by law fr om possessing the fir earm at the
55 time of retu rn.
56 (2) Nothing in this subsection shall be construed to impair , waive, or limit a
57 fir earm owner's right to reco ver possession of prop erty or pursue reli ef for wro ngful
58 r etention under contract or pro perty law .
✔
HB 3406 3