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SECOND REGULAR SESSION
SENATE BILL NO. 1459
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR SCHNELTING.
6247S.03I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 1, RSMo, by adding thereto one new section relating to the seizure of firearms,
with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 1, RSMo, is amended by adding thereto 1
one new section, to be known as section 1.486, to read as 2
follows:3
1.486. 1. This section shall be known and may be 1
cited as the "Anti-Red Flag Gun Seizure Act". 2
2. As used in this section, "red flag law" means: 3
(1) Any gun control law, order, or measure that 4
directs the temporary or permanent seizure of any firearm, 5
firearm accessory, or ammunition of an individual, except 6
persons lawfully in custody or persons who have been 7
released after the execution of a bail bond after having 8
been charged with a dangerous felony, as defined in section 9
556.061; 10
(2) Any federal statute, federal rule, federal 11
executive order, or federal judicial order or finding, or 12
any state statute, state rule, state executive order, or 13
state judicial order or finding, that: 14
(a) Prohibits a Missouri citizen from owning, 15
possessing, transporting, transferring, or receiving any 16
firearm, firearm accessory, or ammunition, except persons 17
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lawfully in custody or persons who have been released after 18
the execution of a bail bond after having been charged with 19
a dangerous felony, as defined in section 556.061; or 20
(b) Orders the removal or requires the surrender of 21
any firearm, firearm accessory, or ammunition, except 22
persons lawfully in custody or persons who have been 23
released after the execution of a bail bond after having 24
been charged with a dangerous felony, as defined in section 25
556.061. 26
3. Any federal order of protection, other judicial 27
order issued by a federal court, or federal executive order 28
that is a red flag law or otherwise directs the confiscation 29
of any firearm, firearm accessory, or ammunition from any 30
law-abiding citizen within the borders of this state shall 31
not be enforced in this state by any state agency, political 32
subdivision, or state or local law enforcement agency. 33
4. No state agency, political subdivision, or state or 34
local law enforcement agency shall receive any federal 35
moneys for the purpose of enforcing any federal statute, 36
federal rule, federal executive order, or federal judicial 37
order or findings, or for the purpose of enforcing any state 38
statute, state rule, state executive order, or state 39
judicial order or findings, that would have the effect of 40
enforcing a red flag law against a Missouri citizen. 41
5. No state entity or employee thereof, political 42
subdivision or employee thereof, or other entity or person 43
shall have the authority to enforce or attempt to enforce a 44
red flag law regardless of the red flag law's origin or the 45
authority of the issuing entity. This subsection shall not 46
apply to any agent of the federal government enforcing a 47
federal law or federal order. 48
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6. Nothing in this section shall be construed to 49
prevent a firearm, firearm accessory, or ammunition from 50
being seized as evidence by law enforcement in the course of 51
an investigation. 52
7. (1) A political subdivision or state or local law 53
enforcement agency that employs a law enforcement officer 54
who knowingly acts to violate this section and enforce a red 55
flag law under the color of any state or federal statute, 56
rule, executive order, or judicial order or finding shall be 57
liable to the party against whom the red flag law was 58
enforced in an action at law, suit in equity, or other 59
proper proceeding for redress and shall be subject to a 60
civil penalty of fifty thousand dollars per occurrence. 61
(2) Any person injured under this section shall have 62
standing to pursue an action for injunctive relief in the 63
circuit court of the county in which the action allegedly 64
occurred or in the circuit court of Cole County. 65
(3) The court shall hold a hearing on any motion for a 66
temporary restraining order or preliminary injunction within 67
thirty days of service of a petition for the same. 68
(4) In an action brought under this section by a party 69
against whom the red flag law was enforced, a court may 70
order injunctive or other equitable relief, recovery of 71
damages, other legal remedies, and payment of reasonable 72
attorney's fees, costs, and expenses of the party. The 73
relief and remedies set forth in this section shall not be 74
deemed exclusive and shall be in addition to any other 75
relief or remedies permitted by law. The court may award 76
the prevailing party, if not the state of Missouri or a 77
political subdivision thereof, reasonable attorney's fees 78
and costs. 79
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(5) Sovereign immunity shall not be an affirmative 80
defense to any action brought under this section. 81
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