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4686S.03C
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SENATE COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 1078
AN ACT
To repeal section 571.030, RSMo, and to enact in lieu
thereof one new section relating to weapons, with
penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 571.030, RSMo, is repealed and one new
section enacted in lieu thereof, to be known as section 571.030,
to read as follows:
571.030. 1. A person commits the offense of unlawful
use of weapons, except as otherwise provided by sections
571.101 to 571.121, if he or she knowingly:
(1) Carries concealed upon or about his or her person
a knife, a firearm, a blackjack or any other weapon readily
capable of lethal use into any area where firearms are
restricted under section 571.107; or
(2) Sets a spring gun; or
(3) Discharges or shoots a firearm into a dwelling
house, a railroad train, boat, aircraft, or motor vehicle as
defined in section 302.010, or any building or structure
used for the assembling of people; or
(4) Exhibits, in the presence of one or more persons,
any weapon readily capable of lethal use in an angry or
threatening manner; or
(5) Has a firearm or projectile weapon readily capable
of lethal use on his or her person, while he or she is
intoxicated, and handles or otherwise uses such firearm or
projectile weapon in either a negligent or unlawful manner
or discharges such firearm or projectile weapon unless
acting in self-defense; or
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(6) Discharges a firearm within one hundred yards of
any occupied schoolhouse, courthouse, or church building; or
(7) Discharges or shoots a firearm at a mark, at any
object, or at random, on, along or across a public highway
or discharges or shoots a firearm into any outbuilding; or
(8) Carries a firearm or any other weapon readily
capable of lethal use into any church or place where people
have assembled for worship, or into any election precinct on
any election day, or into any building owned or occupied by
any agency of the federal government, state government, or
political subdivision thereof; or
(9) Discharges or shoots a firearm at or from a motor
vehicle, as defined in section 301.010, discharges or shoots
a firearm at any person, or at any other motor vehicle, or
at any building or habitable structure, unless the person
was lawfully acting in self-defense; or
(10) Carries a firearm, whether loaded or unloaded, or
any other weapon readily capable of lethal use into any
school, onto any school bus, or onto the premises of any
function or activity sponsored or sanctioned by school
officials or the district school board; or
(11) Possesses a firearm while also knowingly in
possession of a controlled substance that is sufficient for
a felony violation of section 579.015.
2. Subdivisions (1), (8), and (10) of subsection 1 of
this section shall not apply to the persons described in
this subsection, regardless of whether such uses are
reasonably associated with or are necessary to the
fulfillment of such person's official duties except as
otherwise provided in this subsection. Subdivisions (3),
(4), (6), (7), and (9) of subsection 1 of this section shall
not apply to or affect any of the following persons, when
such uses are reasonably associated with or are necessary to
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the fulfillment of such person's official duties, except as
otherwise provided in this subsection:
(1) All state, county and municipal peace officers who
have completed the training required by the police officer
standards and training commission pursuant to sections
590.030 to 590.050 and who possess the duty and power of
arrest for violation of the general criminal laws of the
state or for violation of ordinances of counties or
municipalities of the state, whether such officers are on or
off duty, and whether such officers are within or outside of
the law enforcement agency's jurisdiction, or all qualified
retired peace officers, as defined in subsection 12 of this
section, and who carry the identification defined in
subsection 13 of this section, or any person summoned by
such officers to assist in making arrests or preserving the
peace while actually engaged in assisting such officer;
(2) Wardens, superintendents and keepers of prisons,
penitentiaries, jails and other institutions for the
detention of persons accused or convicted of crime;
(3) Members of the Armed Forces or National Guard
while performing their official duty;
(4) Those persons vested by Article V, Section 1 of
the Constitution of Missouri with the judicial power of the
state and those persons vested by Article III of the
Constitution of the United States with the judicial power of
the United States, the members of the federal judiciary;
(5) Any person whose bona fide duty is to execute
process, civil or criminal;
(6) Any federal probation officer or federal flight
deck officer as defined under the federal flight deck
officer program, 49 U.S.C. Section 44921, regardless of
whether such officers are on duty, or within the law
enforcement agency's jurisdiction;
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(7) Any state probation or parole officer, including
supervisors and members of the parole board;
(8) Any corporate security advisor meeting the
definition and fulfilling the requirements of the
regulations established by the department of public safety
under section 590.750;
(9) Any coroner, deputy coroner, medical examiner, or
assistant medical examiner;
(10) Any municipal or county prosecuting attorney or
assistant prosecuting attorney; circuit attorney or
assistant circuit attorney; municipal, associate, or circuit
judge; the attorney general or staff of the attorney
general; or any person appointed by a court to be a special
prosecutor who has completed the firearms safety training
course required under subsection 2 of section 571.111;
(11) Any member of a fire department or fire
protection district who is employed on a full-time basis as
a fire investigator and who has a valid concealed carry
endorsement issued prior to August 28, 2013, or a valid
concealed carry permit under section 571.111 when such uses
are reasonably associated with or are necessary to the
fulfillment of such person's official duties; and
(12) Upon the written approval of the governing body
of a fire department or fire protection district, any paid
fire department or fire protection district member who is
employed on a full-time basis and who has a valid concealed
carry endorsement issued prior to August 28, 2013, or a
valid concealed carry permit, when such uses are reasonably
associated with or are necessary to the fulfillment of such
person's official duties.
3. Subdivisions (1), (5), (8), and (10) of subsection
1 of this section do not apply when the actor is
transporting such weapons in a nonfunctioning state or in an
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unloaded state when ammunition is not readily accessible or
when such weapons are not readily accessible. Subdivision
(1) of subsection 1 of this section does not apply to any
person nineteen years of age or older or eighteen years of
age or older and a member of the United States Armed Forces,
or honorably discharged from the United States Armed Forces,
transporting a concealable firearm in the passenger
compartment of a motor vehicle, so long as such concealable
firearm is otherwise lawfully possessed, nor when the actor
is also in possession of an exposed firearm or projectile
weapon for the lawful pursuit of game, or is in his or her
dwelling unit or upon premises over which the actor has
possession, authority or control, or is traveling in a
continuous journey peaceably through this state.
Subdivision (10) of subsection 1 of this section does not
apply if the firearm is otherwise lawfully possessed by a
person while traversing school premises for the purposes of
transporting a student to or from school, or possessed by an
adult for the purposes of facilitation of a school-
sanctioned firearm-related event or club event.
4. Subdivisions (1), (8), and (10) of subsection 1 of
this section shall not apply to any person who has a valid
concealed carry permit issued pursuant to sections 571.101
to 571.121, a valid concealed carry endorsement issued
before August 28, 2013, or a valid permit or endorsement to
carry concealed firearms issued by another state or
political subdivision of another state.
5. Subdivisions (3), (4), (5), (6), (7), (8), (9), and
(10) of subsection 1 of this section shall not apply to
persons who are engaged in a lawful act of defense pursuant
to section 563.031.
6. Notwithstanding any provision of this section to
the contrary, the state shall not prohibit any state
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employee from having a firearm in the employee's vehicle on
the state's property provided that the vehicle is locked and
the firearm is not visible. This subsection shall only
apply to the state as an employer when the state employee's
vehicle is on property owned or leased by the state and the
state employee is conducting activities within the scope of
his or her employment. For the purposes of this subsection,
"state employee" means an employee of the executive,
legislative, or judicial branch of the government of the
state of Missouri.
7. (1) Subdivision (10) of subsection 1 of this
section shall not apply to a person who is a school officer
commissioned by the district school board under section
162.215 or who is a school protection officer, as described
under section 160.665.
(2) Nothing in this section shall make it unlawful for
a student to actually participate in school-sanctioned gun
safety courses, student military or ROTC courses, or other
school-sponsored or club-sponsored firearm-related events,
provided the student does not carry a firearm or other
weapon readily capable of lethal use into any school, onto
any school bus, or onto the premises of any other function
or activity sponsored or sanctioned by school officials or
the district school board.
8. A person who commits the crime of unlawful use of
weapons under:
(1) Subdivision (2), (3), (4), or (11) of subsection 1
of this section shall be guilty of a class E felony;
(2) Subdivision (1), (6), (7), or (8) of subsection 1
of this section shall be guilty of a class B misdemeanor,
except when a concealed weapon is carried onto any private
property whose owner has posted the premises as being off-
limits to concealed firearms by means of one or more signs
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displayed in a conspicuous place of a minimum size of eleven
inches by fourteen inches with the writing thereon in
letters of not less than one inch, in which case the
penalties of subsection 2 of section 571.107 shall apply;
(3) Subdivision (5) or (10) of subsection 1 of this
section shall be guilty of a class A misdemeanor if the
firearm is unloaded and a class E felony if the firearm is
loaded;
(4) Subdivision (9) of subsection 1 of this section
shall be guilty of a class B felony, except that if the
violation of subdivision (9) of subsection 1 of this section
results in injury or death to another person, it is a class
A felony.
9. Violations of subdivision (9) of subsection 1 of
this section shall be punished as follows:
(1) For the first violation a person shall be
sentenced to the maximum authorized term of imprisonment for
a class B felony;
(2) For any violation by a prior offender as defined
in section 558.016, a person shall be sentenced to the
maximum authorized term of imprisonment for a class B felony
without the possibility of parole, probation or conditional
release for a term of ten years;
(3) For any violation by a persistent offender as
defined in section 558.016, a person shall be sentenced to
the maximum authorized term of imprisonment for a class B
felony without the possibility of parole, probation, or
conditional release;
(4) For any violation which results in injury or death
to another person, a person shall be sentenced to an
authorized disposition for a class A felony.
10. Any person knowingly aiding or abetting any other
person in the violation of subdivision (9) of subsection 1
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of this section shall be subject to the same penalty as that
prescribed by this section for violations by other persons.
11. Notwithstanding any other provision of law, no
person who pleads guilty to or is found guilty of a felony
violation of subsection 1 of this section shall receive a
suspended imposition of sentence if such person has
previously received a suspended imposition of sentence for
any other firearms- or weapons-related felony offense.
12. As used in this section "qualified retired peace
officer" means an individual who:
(1) Retired in good standing from service with a
public agency as a peace officer, other than for reasons of
mental instability;
(2) Before such retirement, was authorized by law to
engage in or supervise the prevention, detection,
investigation, or prosecution of, or the incarceration of
any person for, any violation of law, and had statutory
powers of arrest;
(3) Before such retirement, was regularly employed as
a peace officer for an aggregate of fifteen years or more,
or retired from service with such agency, after completing
any applicable probationary period of such service, due to a
service-connected disability, as determined by such agency;
(4) Has a nonforfeitable right to benefits under the
retirement plan of the agency if such a plan is available;
(5) During the most recent twelve-month period, has
met, at the expense of the individual, the standards for
training and qualification for active peace officers to
carry firearms;
(6) Is not under the influence of alcohol or another
intoxicating or hallucinatory drug or substance; and
(7) Is not prohibited by federal law from receiving a
firearm.
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13. The identification required by subdivision (1) of
subsection 2 of this section is:
(1) A photographic identification issued by the agency
from which the individual retired from service as a peace
officer that indicates that the individual has, not less
recently than one year before the date the individual is
carrying the concealed firearm, been tested or otherwise
found by the agency to meet the standards established by the
agency for training and qualification for active peace
officers to carry a firearm of the same type as the
concealed firearm; or
(2) A photographic identification issued by the agency
from which the individual retired from service as a peace
officer; and
(3) A certification issued by the state in which the
individual resides that indicates that the individual has,
not less recently than one year before the date the
individual is carrying the concealed firearm, been tested or
otherwise found by the state to meet the standards
established by the state for training and qualification for
active peace officers to carry a firearm of the same type as
the concealed firearm.