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SECOND REGULAR SESSION
SENATE BILL NO. 1159
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR LEWIS.
4568S.01I KRISTINA MARTIN, Secretary
AN ACT
To 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 1
two new sections, to be known as sections 571.200 and 571.202, 2
to read as follows:3
571.200. As used in this section and section 571.202, 1
the following terms mean: 2
(1) "Law enforcement officer", any individual employed 3
by the United States or by a state, county, city, 4
municipality, village, township, or other political 5
subdivision as a police officer or peace officer or in a 6
similar position that involves the enforcement of the law 7
and protection of the public interest; 8
(2) "Licensed dealer", a person who has a valid 9
federal firearms dealer license and all additional licenses 10
required by state or local law to engage in the business of 11
selling or transferring firearms; 12
(3) "Person", any individual, corporation, company, 13
association, firm, partnership, club, organization, society, 14
joint stock company, or other entity. 15
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571.202. 1. No person shall sell or otherwise 1
transfer a firearm, including through online interactions, 2
unless: 3
(1) Such person is a licensed dealer; 4
(2) The purchaser or transferee is a licensed dealer; 5
or 6
(3) The sale or transfer satisfies the requirements of 7
subsection 2 or 3 of this section. 8
2. If neither party to a firearms transaction is a 9
licensed dealer, the parties may have a licensed dealer 10
facilitate the sale or transfer. A licensed dealer shall 11
process the sale or other transfer as if the licensed dealer 12
is the seller or transferor. The licensed dealer shall 13
comply with all requirements of federal, state, and local 14
law that would apply if the licensed dealer were the seller 15
or transferor of the firearm. The licensed dealer shall 16
conduct a background check on the purchaser or transferee in 17
accordance with 18 U.S.C. Section 922(t) and other state and 18
local law and, if the transaction is not prohibited, deliver 19
the firearm to the purchaser or transferee after all legal 20
requirements are satisfied. The licensed dealer may require 21
the purchaser or transferee to: 22
(1) For administrative costs incurred by the licensed 23
dealer, pay a fee up to, but not to exceed: 24
(a) Thirty-five dollars for each transaction involving 25
the transfer of only one firearm; and 26
(b) Fifty dollars for each transaction involving the 27
transfer of multiple firearms; and 28
(2) Pay other fees pursuant to federal, state, and 29
local law. 30
3. A trustee, under the authority of a trust, or a 31
personal representative, executor, or administrator of an 32
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estate shall, before transferring any firearm to an heir or 33
devisee, have a licensed dealer facilitate the sale or 34
transfer through the process described under subsection 2 of 35
this section. If the transaction is prohibited, the heir or 36
devisee may: 37
(1) Transfer ownership of the firearm to a specific 38
individual, provided the transfer to that individual is not 39
prohibited by the process described under subsection 2 of 40
this section; 41
(2) Sell the firearm to a licensed dealer; or 42
(3) Request that a licensed dealer sell the firearm on 43
behalf of the heir or devisee and receive the proceeds of 44
the sale, minus any fee. 45
4. Notwithstanding any provision of law to the 46
contrary, neither the state nor a political subdivision 47
thereof shall require any licensed dealer to disclose 48
transactions conducted under the provisions of subsection 2 49
or 3 of this section. All records shall be maintained by 50
the licensed dealer in accordance with federal law. 51
5. The provisions of subsections 1 and 2 of this 52
section shall not apply to: 53
(1) Any law enforcement or corrections agency or law 54
enforcement or corrections officer acting within the course 55
and scope of his or her employment or official duties; 56
(2) A United States Marshal, a member of the United 57
States Armed Forces or the National Guard, or a federal 58
official transferring or receiving a firearm as required in 59
the operation of his or her official duties; 60
(3) A gunsmith who receives a firearm solely for the 61
purposes of service or repair or the return of the firearm 62
to its owner by the gunsmith; 63
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(4) A common carrier, warehouseman, or other person 64
engaged in the business of transportation or storage, to the 65
extent that the receipt of any firearm is in the ordinary 66
course of business and not for the personal use of any such 67
person; or 68
(5) A person who transfers a firearm to a relative who 69
is related within the first degree by consanguinity or 70
affinity. 71
6. A violation of a provision of this section is a 72
class B misdemeanor. Each day a violation of this section 73
is committed or continued shall be considered a separate 74
violation and punished accordingly. 75
7. In addition to any other penalty or remedy, the 76
investigating law enforcement agency shall report any 77
violation of this section committed by a licensed dealer to 78
the attorney general, who shall report the violation to the 79
Bureau of Alcohol, Tobacco, Firearms and Explosives within 80
the United States Department of Justice. 81
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