Modifies provisions relating to the offense of unlawful use of weapons

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. 1169
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR ROBERTS.
4787S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 571.030, RSMo, and to enact in lieu thereof one new section relating to the
offense of unlawful use of 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Section A. Section 571.030, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 571.030, 2
to read as follows:3
571.030. 1. A person commits the offense of unlawful 1
use of weapons, except as otherwise provided by sections 2
571.101 to 571.121, if he or she knowingly: 3
(1) Carries concealed upon or about his or her person 4
a knife, a firearm, a blackjack or any other weapon readily 5
capable of lethal use into any area where firearms are 6
restricted under section 571.107; or 7
(2) Sets a spring gun; or 8
(3) Discharges or shoots a firearm into a dwelling 9
house, a railroad train, boat, aircraft, or motor vehicle as 10
defined in section 302.010, or any building or structure 11
used for the assembling of people; or 12
(4) Exhibits, in the presence of one or more persons, 13
any weapon readily capable of lethal use in an angry or 14
threatening manner; or 15
(5) Has a firearm or projectile weapon readily capable 16
of lethal use on his or her person, while he or she is 17
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intoxicated, and handles or otherwise uses such firearm or 18
projectile weapon in either a negligent or unlawful manner 19
or discharges such firearm or projectile weapon unless 20
acting in self-defense; or 21
(6) Discharges a firearm within one hundred yards of 22
any occupied schoolhouse, courthouse, or church building; or 23
(7) Discharges or shoots a firearm at a mark, at any 24
object, or at random, on, along or across a public highway 25
or discharges or shoots a firearm into any outbuilding; or 26
(8) Carries a firearm or any other weapon readily 27
capable of lethal use into any church or place where people 28
have assembled for worship, or into any election precinct on 29
any election day, or into any building owned or occupied by 30
any agency of the federal government, state government, or 31
political subdivision thereof; or 32
(9) Discharges or shoots a firearm at or from a motor 33
vehicle, as defined in section 301.010, discharges or shoots 34
a firearm at any person, or at any other motor vehicle, or 35
at any building or habitable structure, unless the person 36
was lawfully acting in self-defense; or 37
(10) Carries a firearm, whether loaded or unloaded, or 38
any other weapon readily capable of lethal use into any 39
school, onto any school bus, or onto the premises of any 40
function or activity sponsored or sanctioned by school 41
officials or the district school board; or 42
(11) Possesses a firearm while also knowingly in 43
possession of a controlled substance that is sufficient for 44
a felony violation of section 579.015; or 45
(12) Within any city not within a county, carries 46
openly or concealed upon or about his or her person a 47
firearm. 48
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2. Subdivisions (1), (8), and (10) of subsection 1 of 49
this section shall not apply to the persons described in 50
this subsection, regardless of whether such uses are 51
reasonably associated with or are necessary to the 52
fulfillment of such person's official duties except as 53
otherwise provided in this subsection. Subdivisions (3), 54
(4), (6), (7), [and] (9), and (12) of subsection 1 of this 55
section shall not apply to or affect any of the following 56
persons, when such uses are reasonably associated with or 57
are necessary to the fulfillment of such person's official 58
duties, except as otherwise provided in this subsection: 59
(1) All state, county and municipal peace officers who 60
have completed the training required by the police officer 61
standards and training commission pursuant to sections 62
590.030 to 590.050 and who possess the duty and power of 63
arrest for violation of the general criminal laws of the 64
state or for violation of ordinances of counties or 65
municipalities of the state, whether such officers are on or 66
off duty, and whether such officers are within or outside of 67
the law enforcement agency's jurisdiction, or all qualified 68
retired peace officers, as defined in subsection 12 of this 69
section, and who carry the identification defined in 70
subsection 13 of this section, or any person summoned by 71
such officers to assist in making arrests or preserving the 72
peace while actually engaged in assisting such officer; 73
(2) Wardens, superintendents and keepers of prisons, 74
penitentiaries, jails and other institutions for the 75
detention of persons accused or convicted of crime; 76
(3) Members of the Armed Forces or National Guard 77
while performing their official duty; 78
(4) Those persons vested by Article V, Section 1 of 79
the Constitution of Missouri with the judicial power of the 80
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state and those persons vested by Article III of the 81
Constitution of the United States with the judicial power of 82
the United States, the members of the federal judiciary; 83
(5) Any person whose bona fide duty is to execute 84
process, civil or criminal; 85
(6) Any federal probation officer or federal flight 86
deck officer as defined under the federal flight deck 87
officer program, 49 U.S.C. Section 44921, regardless of 88
whether such officers are on duty, or within the law 89
enforcement agency's jurisdiction; 90
(7) Any state probation or parole officer, including 91
supervisors and members of the parole board; 92
(8) Any corporate security advisor meeting the 93
definition and fulfilling the requirements of the 94
regulations established by the department of public safety 95
under section 590.750; 96
(9) Any coroner, deputy coroner, medical examiner, or 97
assistant medical examiner; 98
(10) Any municipal or county prosecuting attorney or 99
assistant prosecuting attorney; circuit attorney or 100
assistant circuit attorney; municipal, associate, or circuit 101
judge; or any person appointed by a court to be a special 102
prosecutor who has completed the firearms safety training 103
course required under subsection 2 of section 571.111; 104
(11) Any member of a fire department or fire 105
protection district who is employed on a full-time basis as 106
a fire investigator and who has a valid concealed carry 107
endorsement issued prior to August 28, 2013, or a valid 108
concealed carry permit under section 571.111 when such uses 109
are reasonably associated with or are necessary to the 110
fulfillment of such person's official duties; and 111
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(12) Upon the written approval of the governing body 112
of a fire department or fire protection district, any paid 113
fire department or fire protection district member who is 114
employed on a full-time basis and who has a valid concealed 115
carry endorsement issued prior to August 28, 2013, or a 116
valid concealed carry permit, when such uses are reasonably 117
associated with or are necessary to the fulfillment of such 118
person's official duties. 119
3. Subdivisions (1), (5), (8), [and] (10), and (12) of 120
subsection 1 of this section do not apply when the actor is 121
transporting such weapons in a nonfunctioning state or in an 122
unloaded state when ammunition is not readily accessible or 123
when such weapons are not readily accessible. Subdivision 124
(1) of subsection 1 of this section does not apply to any 125
person nineteen years of age or older or eighteen years of 126
age or older and a member of the United States Armed Forces, 127
or honorably discharged from the United States Armed Forces, 128
transporting a concealable firearm in the passenger 129
compartment of a motor vehicle, so long as such concealable 130
firearm is otherwise lawfully possessed, nor when the actor 131
is also in possession of an exposed firearm or projectile 132
weapon for the lawful pursuit of game, or is in his or her 133
dwelling unit or upon premises over which the actor has 134
possession, authority or control, or is traveling in a 135
continuous journey peaceably through this state. 136
Subdivision (10) of subsection 1 of this section does not 137
apply if the firearm is otherwise lawfully possessed by a 138
person while traversing school premises for the purposes of 139
transporting a student to or from school, or possessed by an 140
adult for the purposes of facilitation of a school- 141
sanctioned firearm-related event or club event. 142
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4. Subdivisions (1), (8), [and] (10), and (12) of 143
subsection 1 of this section shall not apply to any person 144
who has a valid concealed carry permit issued pursuant to 145
sections 571.101 to 571.121, a valid concealed carry 146
endorsement issued before August 28, 2013, or a valid permit 147
or endorsement to carry concealed firearms issued by another 148
state or political subdivision of another state. 149
5. Subdivisions (3), (4), (5), (6), (7), (8), (9), and 150
(10) of subsection 1 of this section shall not apply to 151
persons who are engaged in a lawful act of defense pursuant 152
to section 563.031. 153
6. Notwithstanding any provision of this section to 154
the contrary, the state shall not prohibit any state 155
employee from having a firearm in the employee's vehicle on 156
the state's property provided that the vehicle is locked and 157
the firearm is not visible. This subsection shall only 158
apply to the state as an employer when the state employee's 159
vehicle is on property owned or leased by the state and the 160
state employee is conducting activities within the scope of 161
his or her employment. For the purposes of this subsection, 162
"state employee" means an employee of the executive, 163
legislative, or judicial branch of the government of the 164
state of Missouri. 165
7. (1) Subdivision (10) of subsection 1 of this 166
section shall not apply to a person who is a school officer 167
commissioned by the district school board under section 168
162.215 or who is a school protection officer, as described 169
under section 160.665. 170
(2) Nothing in this section shall make it unlawful for 171
a student to actually participate in school-sanctioned gun 172
safety courses, student military or ROTC courses, or other 173
school-sponsored or club-sponsored firearm-related events, 174
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provided the student does not carry a firearm or other 175
weapon readily capable of lethal use into any school, onto 176
any school bus, or onto the premises of any other function 177
or activity sponsored or sanctioned by school officials or 178
the district school board. 179
8. A person who commits the [crime] offense of 180
unlawful use of weapons under: 181
(1) Subdivision (2), (3), (4), or (11) of subsection 1 182
of this section shall be guilty of a class E felony; 183
(2) Subdivision (1), (6), (7), or (8) of subsection 1 184
of this section shall be guilty of a class B misdemeanor, 185
except when a concealed weapon is carried onto any private 186
property whose owner has posted the premises as being off- 187
limits to concealed firearms by means of one or more signs 188
displayed in a conspicuous place of a minimum size of eleven 189
inches by fourteen inches with the writing thereon in 190
letters of not less than one inch, in which case the 191
penalties of subsection 2 of section 571.107 shall apply; 192
(3) Subdivision (5) or (10) of subsection 1 of this 193
section shall be guilty of a class A misdemeanor if the 194
firearm is unloaded and a class E felony if the firearm is 195
loaded; 196
(4) Subdivision (9) of subsection 1 of this section 197
shall be guilty of a class B felony, except that if the 198
violation of subdivision (9) of subsection 1 of this section 199
results in injury or death to another person, it is a class 200
A felony; or 201
(5) Subdivision (12) of subsection 1 of this section 202
shall be guilty of a class A misdemeanor for the first 203
offense and a class E felony for a second or subsequent 204
offense. 205
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9. Violations of subdivision (9) of subsection 1 of 206
this section shall be punished as follows: 207
(1) For the first violation a person shall be 208
sentenced to the maximum authorized term of imprisonment for 209
a class B felony; 210
(2) For any violation by a prior offender as defined 211
in section 558.016, a person shall be sentenced to the 212
maximum authorized term of imprisonment for a class B felony 213
without the possibility of parole, probation or conditional 214
release for a term of ten years; 215
(3) For any violation by a persistent offender as 216
defined in section 558.016, a person shall be sentenced to 217
the maximum authorized term of imprisonment for a class B 218
felony without the possibility of parole, probation, or 219
conditional release; 220
(4) For any violation which results in injury or death 221
to another person, a person shall be sentenced to an 222
authorized disposition for a class A felony. 223
10. Any person knowingly aiding or abetting any other 224
person in the violation of subdivision (9) of subsection 1 225
of this section shall be subject to the same penalty as that 226
prescribed by this section for violations by other persons. 227
11. Notwithstanding any other provision of law, no 228
person who pleads guilty to or is found guilty of a felony 229
violation of subsection 1 of this section shall receive a 230
suspended imposition of sentence if such person has 231
previously received a suspended imposition of sentence for 232
any other firearms- or weapons-related felony offense. 233
12. As used in this section "qualified retired peace 234
officer" means an individual who: 235
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(1) Retired in good standing from service with a 236
public agency as a peace officer, other than for reasons of 237
mental instability; 238
(2) Before such retirement, was authorized by law to 239
engage in or supervise the prevention, detection, 240
investigation, or prosecution of, or the incarceration of 241
any person for, any violation of law, and had statutory 242
powers of arrest; 243
(3) Before such retirement, was regularly employed as 244
a peace officer for an aggregate of fifteen years or more, 245
or retired from service with such agency, after completing 246
any applicable probationary period of such service, due to a 247
service-connected disability, as determined by such agency; 248
(4) Has a nonforfeitable right to benefits under the 249
retirement plan of the agency if such a plan is available; 250
(5) During the most recent twelve-month period, has 251
met, at the expense of the individual, the standards for 252
training and qualification for active peace officers to 253
carry firearms; 254
(6) Is not under the influence of alcohol or another 255
intoxicating or hallucinatory drug or substance; and 256
(7) Is not prohibited by federal law from receiving a 257
firearm. 258
13. The identification required by subdivision (1) of 259
subsection 2 of this section is: 260
(1) A photographic identification issued by the agency 261
from which the individual retired from service as a peace 262
officer that indicates that the individual has, not less 263
recently than one year before the date the individual is 264
carrying the concealed firearm, been tested or otherwise 265
found by the agency to meet the standards established by the 266
agency for training and qualification for active peace 267
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officers to carry a firearm of the same type as the 268
concealed firearm; or 269
(2) A photographic identification issued by the agency 270
from which the individual retired from service as a peace 271
officer; and 272
(3) A certification issued by the state in which the 273
individual resides that indicates that the individual has, 274
not less recently than one year before the date the 275
individual is carrying the concealed firearm, been tested or 276
otherwise found by the state to meet the standards 277
established by the state for training and qualification for 278
active peace officers to carry a firearm of the same type as 279
the concealed firearm. 280
✓