Modifies provisions relating to the carrying of weapons by the Attorney General

SECOND REGULAR SESSION
SENATE BILL NO. 1205
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR SCHNELTING.
5576S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 571.030, RSMo, and to enact in lieu thereof one new section relating to the
carrying of weapons by the attorney general, 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Section A. Section 571.030, RSMo, is repealed and one new 1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. 45
2. Subdivisions (1), (8), and (10) of subsection 1 of 46
this section shall not apply to the persons described in 47
this subsection, regardless of whether such uses are 48
reasonably associated with or are necessary to the 49
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fulfillment of such person's official duties except as 50
otherwise provided in this subsection. Subdivisions (3), 51
(4), (6), (7), and (9) of subsection 1 of this section shall 52
not apply to or affect any of the following persons, when 53
such uses are reasonably associated with or are necessary to 54
the fulfillment of such person's official duties, except as 55
otherwise provided in this subsection: 56
(1) All state, county and municipal peace officers who 57
have completed the training required by the police officer 58
standards and training commission pursuant to sections 59
590.030 to 590.050 and who possess the duty and power of 60
arrest for violation of the general criminal laws of the 61
state or for violation of ordinances of counties or 62
municipalities of the state, whether such officers are on or 63
off duty, and whether such officers are within or outside of 64
the law enforcement agency's jurisdiction, or all qualified 65
retired peace officers, as defined in subsection 12 of this 66
section, and who carry the identification defined in 67
subsection 13 of this section, or any person summoned by 68
such officers to assist in making arrests or preserving the 69
peace while actually engaged in assisting such officer; 70
(2) Wardens, superintendents and keepers of prisons, 71
penitentiaries, jails and other institutions for the 72
detention of persons accused or convicted of crime; 73
(3) Members of the Armed Forces or National Guard 74
while performing their official duty; 75
(4) Those persons vested by Article V, Section 1 of 76
the Constitution of Missouri with the judicial power of the 77
state and those persons vested by Article III of the 78
Constitution of the United States with the judicial power of 79
the United States, the members of the federal judiciary; 80
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(5) Any person whose bona fide duty is to execute 81
process, civil or criminal; 82
(6) Any federal probation officer or federal flight 83
deck officer as defined under the federal flight deck 84
officer program, 49 U.S.C. Section 44921, regardless of 85
whether such officers are on duty, or within the law 86
enforcement agency's jurisdiction; 87
(7) Any state probation or parole officer, including 88
supervisors and members of the parole board; 89
(8) Any corporate security advisor meeting the 90
definition and fulfilling the requirements of the 91
regulations established by the department of public safety 92
under section 590.750; 93
(9) Any coroner, deputy coroner, medical examiner, or 94
assistant medical examiner; 95
(10) Any municipal or county prosecuting attorney or 96
assistant prosecuting attorney; circuit attorney or 97
assistant circuit attorney; municipal, associate, or circuit 98
judge; the attorney general or staff of the attorney 99
general; or any person appointed by a court to be a special 100
prosecutor who has completed the firearms safety training 101
course required under subsection 2 of section 571.111; 102
(11) Any member of a fire department or fire 103
protection district who is employed on a full-time basis as 104
a fire investigator and who has a valid concealed carry 105
endorsement issued prior to August 28, 2013, or a valid 106
concealed carry permit under section 571.111 when such uses 107
are reasonably associated with or are necessary to the 108
fulfillment of such person's official duties; and 109
(12) Upon the written approval of the governing body 110
of a fire department or fire protection district, any paid 111
fire department or fire protection district member who is 112
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employed on a full-time basis and who has a valid concealed 113
carry endorsement issued prior to August 28, 2013, or a 114
valid concealed carry permit, when such uses are reasonably 115
associated with or are necessary to the fulfillment of such 116
person's official duties. 117
3. Subdivisions (1), (5), (8), and (10) of subsection 118
1 of this section do not apply when the actor is 119
transporting such weapons in a nonfunctioning state or in an 120
unloaded state when ammunition is not readily accessible or 121
when such weapons are not readily accessible. Subdivision 122
(1) of subsection 1 of this section does not apply to any 123
person nineteen years of age or older or eighteen years of 124
age or older and a member of the United States Armed Forces, 125
or honorably discharged from the United States Armed Forces, 126
transporting a concealable firearm in the passenger 127
compartment of a motor vehicle, so long as such concealable 128
firearm is otherwise lawfully possessed, nor when the actor 129
is also in possession of an exposed firearm or projectile 130
weapon for the lawful pursuit of game, or is in his or her 131
dwelling unit or upon premises over which the actor has 132
possession, authority or control, or is traveling in a 133
continuous journey peaceably through this state. 134
Subdivision (10) of subsection 1 of this section does not 135
apply if the firearm is otherwise lawfully possessed by a 136
person while traversing school premises for the purposes of 137
transporting a student to or from school, or possessed by an 138
adult for the purposes of facilitation of a school- 139
sanctioned firearm-related event or club event. 140
4. Subdivisions (1), (8), and (10) of subsection 1 of 141
this section shall not apply to any person who has a valid 142
concealed carry permit issued pursuant to sections 571.101 143
to 571.121, a valid concealed carry endorsement issued 144
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before August 28, 2013, or a valid permit or endorsement to 145
carry concealed firearms issued by another state or 146
political subdivision of another state. 147
5. Subdivisions (3), (4), (5), (6), (7), (8), (9), and 148
(10) of subsection 1 of this section shall not apply to 149
persons who are engaged in a lawful act of defense pursuant 150
to section 563.031. 151
6. Notwithstanding any provision of this section to 152
the contrary, the state shall not prohibit any state 153
employee from having a firearm in the employee's vehicle on 154
the state's property provided that the vehicle is locked and 155
the firearm is not visible. This subsection shall only 156
apply to the state as an employer when the state employee's 157
vehicle is on property owned or leased by the state and the 158
state employee is conducting activities within the scope of 159
his or her employment. For the purposes of this subsection, 160
"state employee" means an employee of the executive, 161
legislative, or judicial branch of the government of the 162
state of Missouri. 163
7. (1) Subdivision (10) of subsection 1 of this 164
section shall not apply to a person who is a school officer 165
commissioned by the district school board under section 166
162.215 or who is a school protection officer, as described 167
under section 160.665. 168
(2) Nothing in this section shall make it unlawful for 169
a student to actually participate in school-sanctioned gun 170
safety courses, student military or ROTC courses, or other 171
school-sponsored or club-sponsored firearm-related events, 172
provided the student does not carry a firearm or other 173
weapon readily capable of lethal use into any school, onto 174
any school bus, or onto the premises of any other function 175
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or activity sponsored or sanctioned by school officials or 176
the district school board. 177
8. A person who commits the crime of unlawful use of 178
weapons under: 179
(1) Subdivision (2), (3), (4), or (11) of subsection 1 180
of this section shall be guilty of a class E felony; 181
(2) Subdivision (1), (6), (7), or (8) of subsection 1 182
of this section shall be guilty of a class B misdemeanor, 183
except when a concealed weapon is carried onto any private 184
property whose owner has posted the premises as being off- 185
limits to concealed firearms by means of one or more signs 186
displayed in a conspicuous place of a minimum size of eleven 187
inches by fourteen inches with the writing thereon in 188
letters of not less than one inch, in which case the 189
penalties of subsection 2 of section 571.107 shall apply; 190
(3) Subdivision (5) or (10) of subsection 1 of this 191
section shall be guilty of a class A misdemeanor if the 192
firearm is unloaded and a class E felony if the firearm is 193
loaded; 194
(4) Subdivision (9) of subsection 1 of this section 195
shall be guilty of a class B felony, except that if the 196
violation of subdivision (9) of subsection 1 of this section 197
results in injury or death to another person, it is a class 198
A felony. 199
9. Violations of subdivision (9) of subsection 1 of 200
this section shall be punished as follows: 201
(1) For the first violation a person shall be 202
sentenced to the maximum authorized term of imprisonment for 203
a class B felony; 204
(2) For any violation by a prior offender as defined 205
in section 558.016, a person shall be sentenced to the 206
maximum authorized term of imprisonment for a class B felony 207
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without the possibility of parole, probation or conditional 208
release for a term of ten years; 209
(3) For any violation by a persistent offender as 210
defined in section 558.016, a person shall be sentenced to 211
the maximum authorized term of imprisonment for a class B 212
felony without the possibility of parole, probation, or 213
conditional release; 214
(4) For any violation which results in injury or death 215
to another person, a person shall be sentenced to an 216
authorized disposition for a class A felony. 217
10. Any person knowingly aiding or abetting any other 218
person in the violation of subdivision (9) of subsection 1 219
of this section shall be subject to the same penalty as that 220
prescribed by this section for violations by other persons. 221
11. Notwithstanding any other provision of law, no 222
person who pleads guilty to or is found guilty of a felony 223
violation of subsection 1 of this section shall receive a 224
suspended imposition of sentence if such person has 225
previously received a suspended imposition of sentence for 226
any other firearms- or weapons-related felony offense. 227
12. As used in this section "qualified retired peace 228
officer" means an individual who: 229
(1) Retired in good standing from service with a 230
public agency as a peace officer, other than for reasons of 231
mental instability; 232
(2) Before such retirement, was authorized by law to 233
engage in or supervise the prevention, detection, 234
investigation, or prosecution of, or the incarceration of 235
any person for, any violation of law, and had statutory 236
powers of arrest; 237
(3) Before such retirement, was regularly employed as 238
a peace officer for an aggregate of fifteen years or more, 239
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or retired from service with such agency, after completing 240
any applicable probationary period of such service, due to a 241
service-connected disability, as determined by such agency; 242
(4) Has a nonforfeitable right to benefits under the 243
retirement plan of the agency if such a plan is available; 244
(5) During the most recent twelve-month period, has 245
met, at the expense of the individual, the standards for 246
training and qualification for active peace officers to 247
carry firearms; 248
(6) Is not under the influence of alcohol or another 249
intoxicating or hallucinatory drug or substance; and 250
(7) Is not prohibited by federal law from receiving a 251
firearm. 252
13. The identification required by subdivision (1) of 253
subsection 2 of this section is: 254
(1) A photographic identification issued by the agency 255
from which the individual retired from service as a peace 256
officer that indicates that the individual has, not less 257
recently than one year before the date the individual is 258
carrying the concealed firearm, been tested or otherwise 259
found by the agency to meet the standards established by the 260
agency for training and qualification for active peace 261
officers to carry a firearm of the same type as the 262
concealed firearm; or 263
(2) A photographic identification issued by the agency 264
from which the individual retired from service as a peace 265
officer; and 266
(3) A certification issued by the state in which the 267
individual resides that indicates that the individual has, 268
not less recently than one year before the date the 269
individual is carrying the concealed firearm, been tested or 270
otherwise found by the state to meet the standards 271
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established by the state for training and qualification for 272
active peace officers to carry a firearm of the same type as 273
the concealed firearm. 274
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