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SECOND REGULAR SESSION
SENATE BILL NO. 1061
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR CARTER.
3383S.03I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 34, RSMo, by adding thereto one new section relating to firearms
discrimination.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 34, RSMo, is amended by adding thereto 1
one new section, to be known as section 34.750, to read as 2
follows:3
34.750. 1. As used in this section, the following 1
terms mean: 2
(1) "Ammunition", a loaded cartridge or shot shell 3
case, primer, projectile, wadding, or propellant powder with 4
or without a projectile; 5
(2) "Company", a for-profit organization, association, 6
corporation, partnership, joint venture, limited 7
partnership, limited liability partnership, or limited 8
liability company, including a wholly owned subsidiary, 9
majority-owned subsidiary, parent company, or affiliate of 10
those entities or associations that exists to make a profit, 11
not including a sole proprietorship; 12
(3) "Discriminate", refusing to engage in the trade of 13
any goods or services with an entity or association based 14
solely on its status as a firearm entity or firearm trade 15
association, refraining from continuing an existing business 16
relationship with the entity or association based solely on 17
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its status as a firearm entity or firearm trade association, 18
or terminating an existing business relationship with the 19
entity or association based solely on its status as a 20
firearm entity or firearm trade association. This term 21
shall not include when the established policies of a 22
merchant, retail seller, or platform restricts or prohibits 23
the listing or selling of ammunition, firearms, or firearm 24
accessories or when a company's refusal to engage in the 25
trade of any goods or services, decision to refrain from 26
continuing an existing business relationship, or decision to 27
terminate an existing business relationship is to comply 28
with federal, state, or local law, policy, or regulation or 29
a directive by a regulatory agency or for any traditional 30
business reason that is specific to the customer or 31
potential customer and not based solely on an entity's or 32
association's status as a firearm entity or firearm trade 33
association. As used in this subdivision, the term "status 34
as a firearm entity or firearm trade association" includes 35
the provision of lawful products and services by, and the 36
lawful practices of, firearms entities and firearm trade 37
associations; 38
(4) "Firearm", a weapon that expels a projectile by 39
the action of explosive or expanding gases; 40
(5) "Firearm accessory", a device specifically 41
designed or adapted to enable an individual to wear, carry, 42
store, or mount a firearm on the individual or on a 43
conveyance and an item used in conjunction with or mounted 44
on a firearm that is not essential to the basic function of 45
the firearm. This term includes a detachable firearm 46
magazine; 47
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(6) "Firearm entity", a firearm, firearm accessory, or 48
ammunition manufacturer, distributor, wholesaler, supplier, 49
retailer, or a sport shooting range; 50
(7) "Firearm trade association", any person, 51
corporation, unincorporated association, federation, 52
business league, or business organization that: 53
(a) Is not organized or operated for profit and for 54
which none of its net earnings inures to the benefit of any 55
private shareholder or individual; 56
(b) Has two or more firearm entities as members; and 57
(c) Is exempt from federal income taxation under 58
Section 501(a) of the United States Internal Revenue Code of 59
1986, as an organization described by Section 501(c) of that 60
code; 61
(8) "Public entity", as defined in section 34.600. 62
2. This section applies only to a contract that: 63
(1) Is between a public entity and a company with at 64
least ten full-time employees; and 65
(2) Has a value of at least one hundred thousand 66
dollars that is paid wholly or partly from public funds of 67
the public entity. 68
3. Except as provided in subsection 4 of this section, 69
a public entity shall not enter into a contract with a 70
company for the purchase of goods or services unless the 71
contract contains a written verification from the company 72
that it: 73
(1) Does not have a practice, policy, guidance, or 74
directive that discriminates against a firearm entity or 75
firearm trade association; and 76
(2) Shall not discriminate during the term of the 77
contract against a firearm entity or firearm trade 78
association. 79
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4. This section shall not apply to a public entity 80
that: 81
(1) Contracts with a sole-source provider; or 82
(2) Does not receive a bid from a company that is able 83
to provide the written verification required by subsection 2 84
of this section. 85
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