Modifies provisions relating to firearms

EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1055
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR SCHROER.
5017S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 144.049, 144.526, 542.301, 563.016, 563.031, 571.020, and 571.095, RSMo,
and to enact in lieu thereof eleven new sections relating to firearms, with penalty
provisions and an emergency clause for a certain section.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 144.049, 144.526, 542.301, 563.016, 1
563.031, 571.020, and 571.095, RSMo, are repealed and eleven 2
new sections enacted in lieu thereof, to be known as sections 3
1.486, 144.049, 144.526, 542.301, 563.031, 563.085, 571.020, 4
571.095, 571.930, 571.935, and 571.940, to read as follows:5
1.486. 1. This section shall be known and may be 1
cited as the "Anti-Red Flag Gun Seizure Act". 2
2. As used in this section, "red flag law" means: 3
(1) Any gun control law, order, or measure that 4
directs the temporary or permanent seizure of any firearm, 5
firearm accessory, or ammunition of an individual without 6
the adjudication of a contested court case; or 7
(2) Any federal statute, federal rule, federal 8
executive order, or federal judicial order or finding, or 9
any state statute, state rule, state executive order, or 10
state judicial order or finding, that: 11
(a) Prohibits a Missouri citizen from owning, 12
possessing, transporting, transferring, or receiving any 13
firearm, firearm accessory, or ammunition unless the 14
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individual has been convicted of a violent felony crime or 15
is otherwise disqualified under section 455.050 or 571.070; 16
or 17
(b) Orders the removal or requires the surrender of 18
any firearm, firearm accessory, or ammunition from a 19
Missouri citizen unless the individual has been convicted of 20
a violent felony crime or is otherwise disqualified under 21
section 455.050 or 571.070. 22
3. Any federal order of protection, other judicial 23
order issued by a federal court, or federal executive order 24
that is a red flag law or otherwise directs the confiscation 25
of any firearm, firearm accessory, or ammunition from any 26
law-abiding citizen within the borders of this state shall 27
not be enforced in this state by any state agency, political 28
subdivision, or state or local law enforcement agency. 29
4. No state agency, political subdivision, or state or 30
local law enforcement agency shall receive any federal 31
moneys for the purpose of enforcing any federal statute, 32
federal rule, federal executive order, or federal judicial 33
order or findings, or for the purpose of enforcing any state 34
statute, state rule, state executive order, or state 35
judicial order or findings, that would have the effect of 36
enforcing a red flag law against a Missouri citizen. 37
5. No state entity or employee thereof, political 38
subdivision or employee thereof, or other entity or person 39
shall have the authority to enforce or attempt to enforce a 40
red flag law regardless of the red flag law's origin or the 41
authority of the issuing entity. This subsection shall not 42
apply to any agent of the federal government enforcing a 43
federal law or federal order. 44
6. Nothing in this section shall be construed to 45
prevent a firearm, firearm accessory, or ammunition from 46
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being seized as evidence by law enforcement in the course of 47
an investigation. 48
7. (1) A political subdivision or state or local law 49
enforcement agency that employs a law enforcement officer 50
who knowingly acts to violate this section and enforce a red 51
flag law under the color of any state or federal statute, 52
rule, executive order, or judicial order or finding shall be 53
liable to the party against whom the red flag law was 54
enforced in an action at law, suit in equity, or other 55
proper proceeding for redress and shall be subject to a 56
civil penalty of fifty thousand dollars per occurrence. 57
(2) Any person injured under this section shall have 58
standing to pursue an action for injunctive relief in the 59
circuit court of the county in which the action allegedly 60
occurred or in the circuit court of Cole County. 61
(3) The court shall hold a hearing on any motion for a 62
temporary restraining order or preliminary injunction within 63
thirty days of service of a petition for the same. 64
(4) In an action brought under this section by a party 65
against whom the red flag law was enforced, a court may 66
order injunctive or other equitable relief, recovery of 67
damages, other legal remedies, and payment of reasonable 68
attorney's fees, costs, and expenses of the party. The 69
relief and remedies set forth in this section shall not be 70
deemed exclusive and shall be in addition to any other 71
relief or remedies permitted by law. The court may award 72
the prevailing party, if not the state of Missouri or a 73
political subdivision thereof, reasonable attorney's fees 74
and costs. 75
(5) Sovereign immunity shall not be an affirmative 76
defense to any action brought under this section. 77
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144.049. 1. For purposes of this section, the 1
following terms mean: 2
(1) "Clothing", any article of wearing apparel 3
intended to be worn on or about the human body including, 4
but not limited to, disposable diapers for infants or adults 5
and footwear. The term shall include, but not be limited 6
to, cloth and other material used to make school uniforms or 7
other school clothing. Items normally sold in pairs shall 8
not be separated to qualify for the exemption. The term 9
shall not include watches, watchbands, jewelry, handbags, 10
handkerchiefs, umbrellas, scarves, ties, headbands, or belt 11
buckles; and 12
(2) "Personal computers", a laptop, desktop, or tower 13
computer system which consists of a central processing unit, 14
random access memory, a storage drive, a display monitor, 15
and a keyboard and devices designed for use in conjunction 16
with a personal computer, such as a disk drive, memory 17
module, compact disk drive, daughterboard, digitizer, 18
microphone, modem, motherboard, mouse, multimedia speaker, 19
printer, scanner, single-user hardware, single-user 20
operating system, soundcard, or video card; 21
(3) "School supplies", any item normally used by 22
students in a standard classroom for educational purposes, 23
including but not limited to textbooks, notebooks, paper, 24
writing instruments, crayons, art supplies, rulers, book 25
bags, backpacks, handheld calculators, chalk, maps, and 26
globes. The term shall not include watches, radios, CD 27
players, headphones, sporting equipment, portable or desktop 28
telephones, copiers or other office equipment, furniture, or 29
fixtures. School supplies shall also include computer 30
software having a taxable value of three hundred fifty 31
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dollars or less and any graphing calculator having a taxable 32
value of one hundred fifty dollars or less. 33
2. In each year beginning on or after January 1, 2005, 34
there is hereby specifically exempted from state and local 35
sales tax law all retail sales of any article of clothing 36
having a taxable value of one hundred dollars or less, all 37
retail sales of school supplies not to exceed fifty dollars 38
per purchase, all computer software with a taxable value of 39
three hundred fifty dollars or less, all graphing 40
calculators having a taxable value of one hundred fifty 41
dollars or less, [and] all retail sales of personal 42
computers or computer peripheral devices not to exceed one 43
thousand five hundred dollars, and all retail sales of 44
firearms and ammunition, during a three-day period beginning 45
at 12:01 a.m. on the first Friday in August and ending at 46
midnight on the Sunday following. If a purchaser and seller 47
are located in two different time zones, the time zone of 48
the purchaser's location shall determine the authorized 49
exemption period. 50
3. This section shall not apply to any sales which 51
take place within the Missouri state fairgrounds. 52
4. This section applies to sales of items bought for 53
personal use only. 54
5. This section may not apply to any retailer when 55
less than two percent of the retailer's merchandise offered 56
for sale qualifies for the sales tax holiday. The retailer 57
may offer a sales tax refund in lieu of the sales tax 58
holiday. 59
6. A sale of property that is eligible for an 60
exemption under subsection 1 of this section but is 61
purchased under a layaway sale shall only qualify for an 62
exemption if: 63
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(1) Final payment on a layaway order is made by, and 64
the property is given to, the purchaser during the exemption 65
period; or 66
(2) The purchaser selects the property and the seller 67
accepts the order for the property during the exemption 68
period, for immediate delivery upon full payment, even if 69
delivery is made after the exemption period. 70
7. The exemption of a bundled transaction shall be 71
calculated as provided by law for all other bundled 72
transactions. 73
8. (1) For any discount offered by a seller that is a 74
reduction of the sales price of the product, the discounted 75
sales price shall determine whether the sales price falls 76
below the price threshold provided in subsection 2 of this 77
section. A coupon that reduces the sales price shall be 78
treated as a discount only if the seller is not reimbursed 79
for the coupon amount by a third party. 80
(2) If a discount applies to the total amount paid by 81
a purchaser rather than to the sales price of a particular 82
product and the purchaser has purchased both exempt property 83
and taxable property, the seller shall allocate the discount 84
based on the total sales prices of the taxable property 85
compared to the total sales prices of all property sold in 86
the same transaction. 87
9. Items that are normally sold as a single unit shall 88
continue to be sold in that manner and shall not be priced 89
separately and sold as individual items. 90
10. Items that are purchased during an exemption 91
period but that are not delivered to the purchaser until 92
after the exemption period due to the item not being in 93
stock shall qualify for an exemption. The provisions of 94
this subsection shall not apply to an item that was 95
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delivered during an exemption period but was purchased prior 96
to or after the exemption period. 97
11. (1) If a purchaser purchases an item of eligible 98
property during an exemption period but later exchanges the 99
item for a similar eligible item after the exemption period, 100
no additional tax shall be due on the new item. 101
(2) If a purchaser purchases an item of eligible 102
property during an exemption period but later returns the 103
item after the exemption period and receives credit on the 104
purchase of a different nonexempt item, the appropriate 105
sales tax shall be due on the sale of the newly purchased 106
item. 107
(3) If a purchaser purchases an item of eligible 108
property before an exemption period but during the exemption 109
period returns the item and receives credit on the purchase 110
of a different item of eligible property, no sales tax shall 111
be due on the sale of the new item if the new item is 112
purchased during the exemption period. 113
(4) For a sixty-day period immediately following the 114
end of the exemption period, if a purchaser returns an 115
exempt item, no credit for or refund of sales tax shall be 116
given unless the purchaser provides a receipt or invoice 117
that shows tax was paid or the seller has sufficient 118
documentation to show that tax was paid on the item being 119
returned. 120
144.526. 1. This section shall be known and may be 1
cited as the "Show Me Green Sales Tax Holiday". 2
2. For purposes of this section, the following terms 3
mean: 4
(1) "Appliance", clothes washers and dryers, water 5
heaters, trash compactors, dishwashers, conventional ovens, 6
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ranges, stoves, air conditioners, furnaces, refrigerators 7
and freezers; and 8
(2) "Energy star certified", any appliance approved by 9
both the United States Environmental Protection Agency and 10
the United States Department of Energy as eligible to 11
display the energy star label, as amended from time to time. 12
3. In each year beginning on or after January 1, 2009, 13
there is hereby specifically exempted from state sales tax 14
law and all local sales and use taxes all retail sales of 15
any energy star certified new appliance, up to one thousand 16
five hundred dollars per appliance, and all retail sales of 17
firearms and ammunition during a seven-day period beginning 18
at 12:01 a.m. on April nineteenth and ending at midnight on 19
April twenty-fifth. Where a purchaser and seller are 20
located in two different time zones, the time zone of the 21
purchaser's location shall determine the authorized 22
exemption period. 23
4. A sale of property that is eligible for an 24
exemption under subsection 3 of this section but is 25
purchased under a layaway sale shall only qualify for an 26
exemption if: 27
(1) Final payment on a layaway order is made by, and 28
the property is given to, the purchaser during the exemption 29
period; or 30
(2) The purchaser selects the property and the seller 31
accepts the order for the property during the exemption 32
period, for immediate delivery upon full payment, even if 33
delivery is made after the exemption period. 34
5. (1) For any discount offered by a seller that is a 35
reduction of the sales price of the product, the discounted 36
sales price shall determine whether the sales price falls 37
below the price threshold provided in subsection 3 of this 38
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section. A coupon that reduces the sales price shall be 39
treated as a discount only if the seller is not reimbursed 40
for the coupon amount by a third party. 41
(2) If a discount applies to the total amount paid by 42
a purchaser rather than to the sales price of a particular 43
product and the purchaser has purchased both exempt property 44
and taxable property, the seller shall allocate the discount 45
based on the total sales prices of the taxable property 46
compared to the total sales prices of all property sold in 47
the same transaction. 48
6. Items that are normally sold as a single unit shall 49
continue to be sold in that manner and shall not be priced 50
separately and sold as individual items. 51
7. Items that are purchased during an exemption period 52
but that are not delivered to the purchaser until after the 53
exemption period due to the item not being in stock shall 54
qualify for an exemption. The provisions of this subsection 55
shall not apply to an item that was delivered during an 56
exemption period but was purchased prior to or after the 57
exemption period. 58
8. (1) If a purchaser purchases an item of eligible 59
property during an exemption period but later exchanges the 60
item for a similar eligible item after the exemption period, 61
no additional tax shall be due on the new item. 62
(2) If a purchaser purchases an item of eligible 63
property during an exemption period but later returns the 64
item after the exemption period and receives credit on the 65
purchase of a different nonexempt item, the appropriate 66
sales tax shall be due on the sale of the newly purchased 67
item. 68
(3) If a purchaser purchases an item of eligible 69
property before an exemption period but during the exemption 70
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period returns the item and receives credit on the purchase 71
of a different item of eligible property, no sales tax shall 72
be due on the sale of the new item if the new item is 73
purchased during the exemption period. 74
(4) For a sixty-day period immediately following the 75
end of the exemption period, if a purchaser returns an 76
exempt item, no credit for or refund of sales tax shall be 77
given unless the purchaser provides a receipt or invoice 78
that shows tax was paid or the seller has sufficient 79
documentation to show that tax was paid on the item being 80
returned. 81
542.301. 1. Property which comes into the custody of 1
an officer or of a court as the result of any seizure and 2
which has not been forfeited pursuant to any other 3
provisions of law or returned to the claimant shall be 4
disposed of as follows: 5
(1) Stolen property, or property acquired in any other 6
manner declared an offense by chapters 569 and 570, but not 7
including any of the property referred to in subdivision (2) 8
of this subsection, shall be delivered by order of court 9
upon claim having been made and established, to the person 10
who is entitled to possession: 11
(a) The claim shall be made by written motion filed 12
with the court with which a motion to suppress has been, or 13
may be, filed. The claim shall be barred if not made within 14
one year from the date of the seizure; 15
(b) Upon the filing of such motion, the judge shall 16
order notice to be given to all persons interested in the 17
property, including other claimants and the person from 18
whose possession the property was seized, of the time, place 19
and nature of the hearing to be held on the motion. The 20
notice shall be given in a manner reasonably calculated to 21
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reach the attention of all interested persons. Notice may 22
be given to unknown persons and to persons whose address is 23
unknown by publication in a newspaper of general circulation 24
in the county. No property shall be delivered to any 25
claimant unless all interested persons have been given a 26
reasonable opportunity to appear and to be heard; 27
(c) After a hearing, the judge shall order the 28
property delivered to the person or persons entitled to 29
possession, if any. The judge may direct that delivery of 30
property required as evidence in a criminal proceeding shall 31
be postponed until the need no longer exists; 32
(d) A law enforcement officer having custody of seized 33
property may, at any time that seized property has ceased to 34
be useful as evidence, request that the prosecuting attorney 35
of the county in which property was seized file a motion 36
with the court of such county for the disposition of the 37
seized property. If the prosecuting attorney does not file 38
such motion within sixty days of the request by the law 39
enforcement officer having custody of the seized property, 40
then such officer may request that the attorney general file 41
a written motion with the circuit court of the county or 42
judicial district in which the seizure occurred. Upon 43
filing of the motion, the court shall issue an order 44
directing the disposition of the property. Such disposition 45
may, if the property is not claimed within one year from the 46
date of the seizure or if no one establishes a right to it, 47
and the seized property has ceased to be useful as evidence, 48
include a public sale of the property. Pursuant to a motion 49
properly filed and granted under this section, the proceeds 50
of any sale, less necessary expenses of preservation and 51
sale, shall be paid into the county treasury for the use of 52
the county. If the property is not salable, the judge may 53
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order its destruction. Notwithstanding any other provision 54
of law, if no claim is filed within one year of the seizure 55
and no motion pursuant to this section is filed within six 56
months thereafter, and the seized property has ceased to be 57
useful as evidence, the property shall be deemed abandoned, 58
converted to cash and shall be turned over immediately to 59
the treasurer pursuant to section 447.543; 60
(e) If the property is a living animal or is 61
perishable, the judge may, at any time, order it sold at 62
public sale. The proceeds shall be held in lieu of the 63
property. A written description of the property sold shall 64
be filed with the judge making the order of sale so that the 65
claimant may identify the property. If the proceeds are not 66
claimed within the time limited for the claim of the 67
property, the proceeds shall be paid into the county 68
treasury. If the property is not salable, the judge may 69
order its destruction. 70
(2) Weapons, tools, devices, computers, computer 71
equipment, computer software, computer hardware, cellular 72
telephones, or other devices capable of accessing the 73
internet, and substances other than motor vehicles, aircraft 74
or watercraft, used by the owner or with the owner's consent 75
as a means for committing felonies other than the offense of 76
possessing burglary tools in violation of section 569.180, 77
and property, the possession of which is an offense under 78
the laws of this state or which has been used by the owner, 79
or used with the owner's acquiescence or consent, as a raw 80
material or as an instrument to manufacture, produce, or 81
distribute, or be used as a means of storage of anything the 82
possession of which is an offense under the laws of this 83
state, or which any statute authorizes or directs to be 84
seized, other than lawfully possessed weapons seized by an 85
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officer incident to an arrest, shall be forfeited to the 86
state of Missouri. 87
2. The officer who has custody of the property shall 88
inform the prosecuting attorney of the fact of seizure and 89
of the nature of the property. The prosecuting attorney 90
shall thereupon file a written motion with the court with 91
which the motion to suppress has been, or may be, filed 92
praying for an order directing the forfeiture of the 93
property. If the prosecuting attorney of a county in which 94
property is seized fails to file a motion with the court for 95
the disposition of the seized property within sixty days of 96
the request by a law enforcement officer, the officer having 97
custody of the seized property may request the attorney 98
general to file a written motion with the circuit court of 99
the county or judicial district in which the seizure 100
occurred. Upon filing of the motion, the court shall issue 101
an order directing the disposition of the property. The 102
signed motion shall be returned to the requesting agency. A 103
motion may also be filed by any person claiming the right to 104
possession of the property praying that the court declare 105
the property not subject to forfeiture and order it 106
delivered to the moving party. 107
3. Upon the filing of a motion either by the 108
prosecuting attorney or by a claimant, the judge shall order 109
notice to be given to all persons interested in the 110
property, including the person out of whose possession the 111
property was seized and any lienors, of the time, place and 112
nature of the hearing to be held on the motion. The notice 113
shall be given in a manner reasonably calculated to reach 114
the attention of all interested persons. Notice may be 115
given to unknown persons and to persons of unknown address 116
by publication in a newspaper of general circulation in the 117
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county. Every interested person shall be given a reasonable 118
opportunity to appear and to be heard as to the nature of 119
the person's claim to the property and upon the issue of 120
whether or not it is subject to forfeiture. 121
4. If the evidence is clear and convincing that the 122
property in issue is in fact of a kind subject to forfeiture 123
under this subsection, the judge shall declare it forfeited 124
and order its destruction or sale, provided that, if the 125
property is a firearm, any sale of such property shall 126
comply with the provisions of section 571.095. The judge 127
shall direct that the destruction or sale of property needed 128
as evidence in a criminal proceeding shall be postponed 129
until this need no longer exists. 130
5. If the forfeited property can be put to a lawful 131
use, it may be ordered sold after any alterations which are 132
necessary to adapt it to a lawful use have been made. In 133
the case of computers, computer equipment, computer 134
software, computer hardware, cellular telephones, or other 135
devices capable of accessing the internet, or other devices 136
used in the acquisition, possession, or distribution of 137
child pornography or obscene material, the law enforcement 138
agency in possession of such items may, upon court order, 139
retain possession of such property and convert such property 140
to the use of the law enforcement agency for use in criminal 141
investigations. If there is a holder of a bona fide lien 142
against property which has been used as a means for 143
committing an offense or which has been used as a raw 144
material or as an instrument to manufacture or produce 145
anything which is an offense to possess, who establishes 146
that the use was without the lienholder's acquiescence or 147
consent, the proceeds, less necessary expenses of 148
preservation and sale, shall be paid to the lienholder to 149
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the amount of the lienholder's lien. The remaining amount 150
shall be paid into the county treasury. 151
6. If the property is perishable the judge may order 152
it sold at a public sale or destroyed, as may be 153
appropriate, prior to a hearing. The proceeds of a sale, 154
less necessary expenses of preservation and sale, shall be 155
held in lieu of the property. 156
7. When a warrant has been issued to search for and 157
seize allegedly obscene matter for forfeiture to the state, 158
after an adversary hearing, the judge, upon return of the 159
warrant with the matter seized, shall give notice of the 160
fact to the prosecuting attorney of the county in which the 161
matter was seized and the dealer, exhibitor or displayer and 162
shall conduct further adversary proceedings to determine 163
whether the matter is subject to forfeiture. If the 164
evidence is clear and convincing that the matter is obscene 165
as defined by law and it was being held or displayed for 166
sale, exhibition, distribution or circulation to the public, 167
the judge shall declare it to be obscene and forfeited to 168
the state and order its destruction or other disposition; 169
except that, no forfeiture shall be declared without the 170
dealer, distributor or displayer being given a reasonable 171
opportunity to appear in opposition and without the judge 172
having thoroughly examined each item. If the material to be 173
seized is the same as or another copy of matter that has 174
already been determined to be obscene in a criminal 175
proceeding against the dealer, exhibitor, displayer or such 176
person's agent, the determination of obscenity in the 177
criminal proceeding shall constitute clear and convincing 178
evidence that the matter to be forfeited pursuant to this 179
subsection is obscene. Except when the dealer, exhibitor or 180
displayer consents to a longer period, or by such person's 181
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actions or pleadings willfully prevents the prompt 182
resolution of the hearing, judgment shall be rendered within 183
ten days of the return of the warrant. If the matter is not 184
found to be obscene or is not found to have been held or 185
displayed for sale, exhibition or distribution to the 186
public, or a judgment is not entered within the time 187
provided for, the matter shall be restored forthwith to the 188
dealer, exhibitor or displayer. 189
8. If an appeal is taken by the dealer, exhibitor or 190
displayer from an adverse judgment, the case should be 191
assigned for hearing at the earliest practicable date and 192
expedited in every way. Destruction or disposition of a 193
matter declared forfeited shall be postponed until the 194
judgment has become final by exhaustion of appeal, or by 195
expiration of the time for appeal, and until the matter is 196
no longer needed as evidence in a criminal proceeding. 197
9. A determination of obscenity, pursuant to this 198
subsection, shall not be admissible in any criminal 199
proceeding against any person or corporation for sale or 200
possession of obscene matter; except that dealer, 201
distributor or displayer from which the obscene matter was 202
seized for forfeiture to the state. 203
10. When allegedly obscene matter or pornographic 204
material for minors has been seized under a search warrant 205
issued pursuant to subsection 2 of section 542.281 and the 206
matter is no longer needed as evidence in a criminal 207
proceeding the prosecuting attorney of the county in which 208
the matter was seized may file a written motion with the 209
circuit court of the county or judicial district in which 210
the seizure occurred praying for an order directing the 211
forfeiture of the matter. Upon filing of the motion, the 212
court shall set a date for a hearing. Written notice of 213
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date, time, place and nature of the hearing shall be 214
personally served upon the owner, dealer, exhibitor, 215
displayer or such person's agent. Such notice shall be 216
served no less than five days before the hearing. 217
11. If the evidence is clear and convincing that the 218
matter is obscene as defined by law, and that the obscene 219
material was being held or displayed for sale, exhibition, 220
distribution or circulation to the public or that the matter 221
is pornographic for minors and that the pornographic 222
material was being held or displayed for sale, exhibition, 223
distribution or circulation to minors, the judge shall 224
declare it to be obscene or pornographic for minors and 225
forfeited to the state and order its destruction or other 226
disposition. A determination that the matter is obscene in 227
a criminal proceeding as well as a determination that such 228
obscene material was held or displayed for sale, exhibition, 229
distribution or circulation to the public or a determination 230
that the matter is pornographic for minors in a criminal 231
proceeding as well as a determination that such pornographic 232
material was held or displayed for sale, exhibition, 233
distribution or circulation to minors shall be clear and 234
convincing evidence that such material should be forfeited 235
to the state; except that, no forfeiture shall be declared 236
without the dealer, distributor or displayer being given a 237
reasonable opportunity to appear in opposition and without a 238
judge having thoroughly examined each item. A dealer, 239
distributor or displayer shall have had reasonable 240
opportunity to appear in opposition if the matter the 241
prosecutor seeks to destroy is the same matter that formed 242
the basis of a criminal proceeding against the dealer, 243
distributor or displayer where the dealer, distributor or 244
displayer has been charged and found guilty of holding or 245
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displaying for sale, exhibiting, distributing or circulating 246
obscene material to the public or pornographic material for 247
minors to minors. If the matter is not found to be obscene, 248
or if obscene material is not found to have been held or 249
displayed for sale, exhibition, distribution or circulation 250
to the public, or if the matter is not found to be 251
pornographic for minors or if pornographic material is not 252
found to have been held or displayed for sale, exhibition, 253
distribution or circulation to minors, the matter shall be 254
restored forthwith to the dealer, exhibitor or displayer. 255
12. If an appeal is taken by the dealer, exhibitor or 256
displayer from an adverse judgment, the case shall be 257
assigned for hearing at the earliest practicable date and 258
expedited in every way. Destruction or disposition of 259
matter declared forfeited shall be postponed until the 260
judgment has become final by exhaustion of appeal, or by 261
expiration of the time for appeal, and until the matter is 262
no longer needed as evidence in a criminal proceeding. 263
13. A determination of obscenity shall not be 264
admissible in any criminal proceeding against any person or 265
corporation for sale or possession of obscene matter. 266
14. An appeal by any party shall be allowed from the 267
judgment of the court as in other civil actions. 268
15. All other property still in the custody of an 269
officer or of a court as the result of any seizure and which 270
has not been forfeited pursuant to this section or any other 271
provision of law after three years following the seizure and 272
which has ceased to be useful as evidence shall be deemed 273
abandoned, converted to cash and shall be turned over 274
immediately to the treasurer pursuant to section 447.543. 275
563.031. 1. A person may, subject to the provisions 1
of subsection 2 of this section, use physical force upon 2
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another person when and to the extent he or she reasonably 3
believes such force to be necessary to defend himself or 4
herself or a third person from what he or she reasonably 5
believes to be the use or imminent use of unlawful force by 6
such other person, unless: 7
(1) The actor was the initial aggressor; except that 8
in such case his or her use of force is nevertheless 9
justifiable provided: 10
(a) He or she has withdrawn from the encounter and 11
effectively communicated such withdrawal to such other 12
person but the latter persists in continuing the incident by 13
the use or threatened use of unlawful force; or 14
(b) He or she is a law enforcement officer and as such 15
is an aggressor pursuant to section 563.046; or 16
(c) The aggressor is justified under some other 17
provision of this chapter or other provision of law; 18
(2) Under the circumstances as the actor reasonably 19
believes them to be, the person whom he or she seeks to 20
protect would not be justified in using such protective 21
force; 22
(3) The actor was attempting to commit, committing, or 23
escaping after the commission of a forcible felony. 24
2. A person shall not use deadly force upon another 25
person under the circumstances specified in subsection 1 of 26
this section unless: 27
(1) He or she reasonably believes that such deadly 28
force is necessary to protect himself, or herself or her 29
unborn child, or another against death, serious physical 30
injury, or any forcible felony; 31
(2) Such force is used against a person who unlawfully 32
enters, remains after unlawfully entering, or attempts to 33
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unlawfully enter a dwelling, residence, or vehicle lawfully 34
occupied by such person; or 35
(3) Such force is used against a person who unlawfully 36
enters, remains after unlawfully entering, or attempts to 37
unlawfully enter private property that is owned or leased by 38
an individual, or is occupied by an individual who has been 39
given specific authority by the property owner to occupy the 40
property, claiming a justification of using protective force 41
under this section. 42
3. A person does not have a duty to retreat: 43
(1) From a dwelling, residence, or vehicle where the 44
person is not unlawfully entering or unlawfully remaining; 45
(2) From private property that is owned or leased by 46
such individual; or 47
(3) If the person is in any other location such person 48
has the right to be. 49
4. The justification afforded by this section extends 50
to the use of physical restraint as protective force 51
provided that the actor takes all reasonable measures to 52
terminate the restraint as soon as it is reasonable to do so. 53
5. [The defendant shall have the burden of injecting 54
the issue of justification under this section. If a 55
defendant asserts that his or her use of force is described 56
under subdivision (2) of subsection 2 of this section, the 57
burden shall then be on the state to prove beyond a 58
reasonable doubt that the defendant did not reasonably 59
believe that the use of such force was necessary to defend 60
against what he or she reasonably believed was the use or 61
imminent use of unlawful force] There shall be a presumption 62
of reasonableness under this section that the defendant 63
believed such force was necessary to defend himself or 64
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herself or a third person from what he or she believed to be 65
the use or imminent use of unlawful force by another person. 66
563.085. 1. A person who uses or threatens to use 1
force pursuant to section 563.031 is justified in such 2
conduct and is immune from criminal prosecution and civil 3
action for the use or threatened use of such force by the 4
person, personal representative, or heirs of the person 5
against whom the force was used or threatened, unless the 6
person against whom force was used or threatened is a law 7
enforcement officer who was acting in the performance of his 8
or her official duties and the officer identified himself or 9
herself in accordance with any applicable law or the person 10
using or threatening to use force knew or reasonably should 11
have known that the person was a law enforcement officer. 12
As used in this subsection, the term "criminal prosecution" 13
includes arresting, detaining in custody, and charging or 14
prosecuting the defendant. 15
2. A law enforcement agency may use standard 16
procedures for investigating the use or threatened use of 17
force as described in subsection 1 of this section, but the 18
agency may not arrest the person for using or threatening to 19
use force unless the agency determines that there is 20
probable cause that the force that was used or threatened 21
was unlawful. 22
3. In a criminal prosecution or civil action, once a 23
prima facie claim of self-defense immunity has been raised 24
by the defendant at a pretrial immunity hearing, the burden 25
of proof by clear and convincing evidence is on the party 26
seeking to overcome the immunity provided in subsection 1 of 27
this section. 28
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571.020. 1. A person commits an offense if such 1
person knowingly possesses, manufactures, transports, 2
repairs, or sells: 3
(1) An explosive weapon; 4
(2) An explosive, incendiary or poison substance or 5
material with the purpose to possess, manufacture or sell an 6
explosive weapon; 7
(3) A gas gun; 8
(4) A bullet or projectile which explodes or detonates 9
upon impact because of an independent explosive charge after 10
having been shot from a firearm; [or] 11
(5) Knuckles; or 12
(6) Any of the following in violation of federal law: 13
(a) A machine gun; 14
(b) A short-barreled rifle or shotgun; or 15
(c) [A firearm silencer; or 16
(d)] A switchblade knife. 17
2. A person does not commit an offense pursuant to 18
this section if his or her conduct involved any of the items 19
in subdivisions (1) to (5) of subsection 1 of this section, 20
the item was possessed in conformity with any applicable 21
federal law, and the conduct: 22
(1) Was incident to the performance of official duty 23
by the Armed Forces, National Guard, a governmental law 24
enforcement agency, or a penal institution; or 25
(2) Was incident to engaging in a lawful commercial or 26
business transaction with an organization enumerated in 27
subdivision (1) of this [section] subsection; or 28
(3) Was incident to using an explosive weapon in a 29
manner reasonably related to a lawful industrial or 30
commercial enterprise; or 31
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(4) Was incident to displaying the weapon in a public 32
museum or exhibition; or 33
(5) Was incident to using the weapon in a manner 34
reasonably related to a lawful dramatic performance. 35
3. An offense pursuant to subdivision (1), (2), (3) or 36
(6) of subsection 1 of this section is a class D felony; a 37
crime pursuant to subdivision (4) or (5) of subsection 1 of 38
this section is a class A misdemeanor. 39
4. The offense of knowingly possessing, manufacturing, 40
transporting, repairing, or selling a firearm silencer, as 41
it existed immediately before August 28, 2026, shall not be 42
prosecuted on or after August 28, 2026. If on August 28, 43
2026, a criminal action is pending for such offense, the 44
action is dismissed on that date. However, a final 45
conviction for such offense that exists on August 28, 2026, 46
shall not be affected. 47
571.095. Upon conviction for or attempting to commit a 1
felony in violation of any law perpetrated in whole or in 2
part by the use of a firearm, the court may, in addition to 3
the penalty provided by law for such offense, order the 4
confiscation and disposal or sale or trade to a licensed 5
firearms dealer of firearms and ammunition used in the 6
commission of the crime or found in the possession or under 7
the immediate control of the defendant at the time of his or 8
her arrest. Notice of any sale of a firearm or ammunition 9
made pursuant to this section shall be given by the police 10
department or sheriff's department responsible for the 11
confiscation of the firearm or ammunition by posting such 12
notice on the department's website and on any social media 13
accounts maintained by the department. The department 14
making a sale pursuant to this section shall ensure that the 15
sale is not made to any person who is ineligible to purchase 16
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or possess a firearm or ammunition under any applicable 17
state or federal law. The proceeds of any sale or gains 18
from trade shall be the property of the police department or 19
sheriff's department responsible for the defendant's arrest 20
or the confiscation of the firearms and ammunition. If such 21
firearms or ammunition are not the property of the convicted 22
felon, they shall be returned to their rightful owner if he 23
or she is known and was not a participant in the crime. Any 24
proceeds collected under this section shall be deposited 25
with the municipality or by the county treasurer into the 26
county sheriff's revolving fund established in section 27
50.535. 28
571.930. As used in sections 571.930 to 571.940, the 1
following terms mean: 2
(1) "Firearm suppressor", any device designed, made, 3
or adapted to muffle the report of a firearm; 4
(2) "Generic and insignificant part", an item that has 5
manufacturing or consumer product applications other than 6
inclusion in a firearm suppressor. The term "generic and 7
insignificant part" includes a spring, screw, nut, or pin; 8
(3) "Manufacture", forging, casting, machining, or 9
another process for working a material. 10
571.935. 1. (1) For the purposes of this section, a 1
firearm suppressor is manufactured in this state if the item 2
is manufactured: 3
(a) In this state from basic materials; and 4
(b) Without the inclusion of any part imported from 5
another state other than a generic and insignificant part. 6
(2) For the purposes of this section, a firearm 7
suppressor is manufactured in this state if it is 8
manufactured as described in subdivision (1) of this 9
subsection without regard to whether a firearm imported into 10
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this state from another state is attached to or used in 11
conjunction with the suppressor. 12
2. (1) A firearm suppressor that is manufactured in 13
this state and remains in this state shall not be subject to 14
federal law or federal regulation, including registration, 15
under the authority of the United States Congress to 16
regulate interstate commerce. 17
(2) A basic material from which a firearm suppressor 18
is manufactured in this state, including unmachined steel, 19
shall not be a firearm suppressor and is not subject to 20
federal regulation under the authority of the United States 21
Congress to regulate interstate commerce as if it actually 22
were a firearm suppressor. 23
3. A firearm suppressor manufactured and sold in this 24
state shall have the words "Made in Missouri" clearly 25
stamped on it. 26
4. On written notification to the attorney general by 27
a United States citizen who resides in this state of the 28
citizen's intent to manufacture a firearm suppressor to 29
which subsection 2 of this section applies, the attorney 30
general shall seek a declaratory judgment from a federal 31
district court in this state that subsection 2 of this 32
section is consistent with the United States Constitution. 33
5. The provisions of this section shall apply only to 34
firearm suppressors that are manufactured on or after August 35
28, 2026. 36
571.940. 1. The provisions of this section shall 1
apply to: 2
(1) The state of Missouri, including an agency, 3
department, commission, bureau, board, office, council, 4
court, or other entity that is in any branch of state 5
government and that is created by the constitution or a 6
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statute of this state, including a university system or a 7
system of higher education; 8
(2) The governing body of a municipality, county, or 9
special district or authority; 10
(3) An officer, employee, or other body that is part 11
of a municipality, county, or special district or authority, 12
including a sheriff, municipal police department, municipal 13
attorney, or county attorney; and 14
(4) A prosecuting attorney, county counselor, or 15
circuit attorney. 16
2. (1) An entity described in subsection 1 of this 17
section shall not adopt a rule, order, ordinance, or policy 18
under which the entity enforces, or by consistent action 19
allows the enforcement of, a federal statute, order, rule, 20
or regulation that purports to regulate a firearm suppressor 21
if the statute, order, rule, or regulation imposes a 22
prohibition, restriction, or other regulation that does not 23
exist under the laws of this state. 24
(2) No entity described in subsection 1 of this 25
section and no person employed by or otherwise under the 26
direction or control of the entity shall enforce or attempt 27
to enforce any federal statute, order, rule, or regulation 28
described in subdivision (1) of this subsection. 29
3. (1) An entity described in subsection 1 of this 30
section shall not receive state grant funds if the entity 31
adopts a rule, order, ordinance, or policy under which the 32
entity enforces a federal law described in subdivision (1) 33
of subsection 2 of this section or, by consistent action, 34
allows the enforcement of a federal law described in 35
subdivision (1) of subsection 2 of this section. 36
(2) State grant funds for the entity shall be denied 37
for the fiscal year following the year in which a final 38
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judicial determination in an action brought under this 39
section is made that the entity has violated subdivision (1) 40
of subsection 2 of this section. 41
4. (1) Any citizen residing in the jurisdiction of an 42
entity described in subsection 1 of this section may file a 43
complaint with the attorney general if the citizen offers 44
evidence to support an allegation that the entity has 45
adopted a rule, order, ordinance, or policy under which the 46
entity enforces a federal law described in subdivision (1) 47
of subsection 2 of this section or that the entity, by 48
consistent action, allows the enforcement of a federal law 49
described in subdivision (1) of subsection 2 of this 50
section. The citizen shall include with the complaint any 51
evidence the citizen has in support of the complaint. 52
(2) If the attorney general determines that a 53
complaint filed under subdivision (1) of this subsection 54
against an entity described in subsection 1 of this section 55
is valid, to compel the entity's compliance with this 56
section, the attorney general may file a petition for a writ 57
of mandamus or apply for other appropriate equitable relief 58
in the circuit court of Cole County or the circuit court in 59
any county in which the principal office of the entity is 60
located. The attorney general may recover reasonable 61
expenses incurred obtaining relief under this subdivision, 62
including court costs, reasonable attorney's fees, 63
investigative costs, witness fees, and deposition costs. 64
(3) In any appeal of a suit brought under subdivision 65
(2) of this subsection, the appellate court shall expedite 66
the case by entering such scheduling orders as are necessary 67
to ensure that a final order or judgment will be entered 68
with the least possible delay. 69
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[563.016. The fact that conduct is 1
justified under this chapter does not abolish or 2
impair any remedy for such conduct which is 3
available in any civil actions.] 4
Section B. Because immediate action is necessary to 1
limit any overreach of the federal government's power and to 2
protect citizens' rights to bear arms, the enactment of 3
section 1.486 of section A of this act is deemed necessary 4
for the immediate preservation of the public health, 5
welfare, peace, and safety, and is hereby declared to be an 6
emergency act within the meaning of the constitution, and 7
the enactment of section 1.486 of section A of this act 8
shall be in full force and effect upon its passage and 9
approval. 10
✓