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SECOND REGULAR SESSION
SENATE BILL NO. 1171
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR WASHINGTON.
4461S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 571, RSMo, by adding thereto two new sections relating to the offense of
community endangerment due to unsafe storage of a firearm, 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 571.400 and 571.401, 2
to read as follows:3
571.400. 1. As used in this section, the following 1
terms mean: 2
(1) "Secure gun storage", a safe, gun safe, gun case, 3
lock box, or other device that is designed to be or can be 4
used to store a firearm and that is designed to be unlocked 5
only by means of a key, a combination, or other similar 6
means; 7
(2) "Unauthorized person", a person who is prohibited 8
from possessing a firearm under state or federal law. 9
2. A person commits the offense of community 10
endangerment due to unsafe storage of a firearm in the first 11
degree if a person stores or leaves a firearm in a location 12
where the person knows or reasonably should know that an 13
unauthorized person may gain access to the firearm and such 14
unauthorized person causes personal injury or death with the 15
firearm. 16
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3. The offense of community endangerment due to unsafe 17
storage of a firearm in the first degree is a class C felony. 18
4. It shall not be a violation of this section if: 19
(1) The firearm is stored in a secure gun storage, or 20
other secured storage with a trigger lock or similar device 21
that is designed to prevent the unauthorized use or 22
discharge of the firearm; 23
(2) The unauthorized person is a minor who has the 24
permission of a parent or guardian to possess the firearm 25
and is supervised by a person eighteen years of age or older; 26
(3) The unauthorized person obtains or discharges the 27
firearm in a lawful act of self-defense pursuant to chapter 28
563; or 29
(4) The unauthorized person obtained the firearm as a 30
result of an unlawful entry and such unlawful entry is 31
reported to a law enforcement agency within five days of the 32
time he or she knew or reasonably should have known that the 33
firearm had been taken. 34
571.401. 1. As used in this section, the following 1
terms mean: 2
(1) "Secure gun storage", a safe, gun safe, gun case, 3
lock box, or other device that is designed to be or can be 4
used to store a firearm and that is designed to be unlocked 5
only by means of a key, a combination, or other similar 6
means; 7
(2) "Unauthorized person", a person who is prohibited 8
from possessing a firearm under state or federal law. 9
2. A person commits the offense of community 10
endangerment due to unsafe storage of a firearm in the 11
second degree if a person stores or leaves a firearm in a 12
location where the person knows or reasonably should know 13
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that an unauthorized person may gain access to the firearm 14
and such unauthorized person: 15
(1) Causes the firearm to discharge; 16
(2) Carries, exhibits, or displays the firearm in a 17
public place in a manner that is intended to intimidate 18
another or that warrants alarm for the safety of other 19
persons; or 20
(3) Uses the firearm in the commission of a crime. 21
3. The offense of community endangerment due to unsafe 22
storage of a firearm in the second degree is a class D 23
felony. 24
4. It shall not be a violation of this section if: 25
(1) The firearm is stored in a secure gun storage, or 26
other secured storage with a trigger lock or similar device 27
that is designed to prevent the unauthorized use or 28
discharge of the firearm; 29
(2) The unauthorized person is a minor who has the 30
permission of a parent or guardian to possess the firearm 31
and is supervised by a person eighteen years of age or older; 32
(3) The unauthorized person obtains or discharges the 33
firearm in a lawful act of self-defense pursuant to chapter 34
563; or 35
(4) The unauthorized person obtains the firearm as a 36
result of an unlawful entry and such unlawful entry is 37
reported to a law enforcement agency within five days of the 38
time he or she knew or reasonably should have known that the 39
firearm had been taken. 40
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