Read the full stored bill text
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. 1488
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR GREGORY (21).
6203S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 1.410, 1.420, 1.430, 1.440, 1.450, 1.460, 1.470, 1.480, and 1.485, RSMo, and
to enact in lieu thereof five new sections relating to additional protections to bear arms.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 1.410, 1.420, 1.430, 1.440, 1.450, 1
1.460, 1.470, 1.480, and 1.485, RSMo, are repealed and five new 2
sections enacted in lieu thereof, to be known as sections 1.411, 3
1.451, 1.461, 1.481, and 1.484, to read as follows:4
1.411. 1. Sections 1.411 to 1.484 shall be known and 1
may be cited as the "Second Amendment Preservation Act". 2
2. The general assembly finds and declares that: 3
(1) The general assembly of the state of Missouri is 4
firmly resolved to support and defend the Constitution of 5
the United States against every aggression, whether foreign 6
or domestic, and is duty-bound to oppose every infraction of 7
those principles that constitute the basis of the union of 8
the states because only a faithful observance of those 9
principles can secure the union's existence and the public 10
happiness; 11
(2) The general assembly of the state of Missouri 12
strongly promotes responsible gun ownership, including 13
parental supervision of minors in the proper use, storage, 14
and ownership of all firearms; the prompt reporting of 15
stolen firearms; and the proper enforcement of all state gun 16
SB 1488 2
laws. The general assembly of the state of Missouri hereby 17
condemns any unlawful transfer of firearms and the use of 18
any firearm in any criminal or unlawful activity; 19
(3) The general assembly of the state of Missouri 20
supports law enforcement and calls on sworn peace officers 21
to assist in defending second amendment rights for all law- 22
abiding citizens of the state. 23
1.451. No public officer or employee of this state or 1
any political subdivision of this state shall have the 2
authority to knowingly violate a law-abiding citizen's legal 3
rights regarding firearms, firearm accessories, or 4
ammunition. Nothing in sections 1.451 to 1.484 shall be 5
construed to prohibit Missouri officials from accepting aid 6
from federal officials or rendering aid to federal 7
officials. Nothing in sections 1.451 to 1.484 shall 8
prohibit law enforcement from working on federal task forces. 9
1.461. 1. Any political subdivision or law 1
enforcement agency that employs a law enforcement officer 2
who acts knowingly, as defined under section 562.016, to 3
violate the provisions of section 1.451 or otherwise 4
knowingly deprives a law-abiding citizen of Missouri of the 5
rights or privileges ensured by the Second Amendment of the 6
Constitution of the United States or Article I, Section 23 7
of the Constitution of Missouri while acting under the color 8
of any state or federal law shall investigate such employee 9
for potential discipline up to and including termination of 10
employment. 11
2. The attorney general or the prosecuting attorney of 12
the county in the jurisdiction where an individual has taken 13
action violating the provisions of this section shall have 14
standing to pursue an action for injunctive or other 15
equitable relief in the circuit court of the county in which 16
SB 1488 3
the action allegedly occurred. The court shall hold a 17
hearing on the motion for a temporary restraining order and 18
preliminary injunction within thirty days of service of the 19
petition. 20
1.481. For sections 1.451 to 1.461, the term "law- 1
abiding citizen" shall mean a person who is eighteen years 2
of age or older, not under arrest or in the process of being 3
investigated for being arrested or charged with a crime, 4
where valid probable cause exists, a person who is not a 5
danger to self or others, and is not otherwise precluded 6
under state law from possessing a firearm but shall not be 7
construed to include anyone who is not legally present in 8
the United States or the state of Missouri. 9
1.484. It shall not be considered a violation of 1
sections 1.451 or 1.461 to provide material aid to federal 2
authorities in the investigation, arrest, detention, or 3
prosecution of any case in which there is reasonable 4
suspicion to believe that the suspect or suspects engaged in 5
criminal conduct. 6
[1.410. 1. Sections 1.410 to 1.485 shall 1
be known and may be cited as the "Second 2
Amendment Preservation Act". 3
2. The general assembly finds and declares 4
that: 5
(1) The general assembly of the state of 6
Missouri is firmly resolved to support and 7
defend the Constitution of the United States 8
against every aggression, whether foreign or 9
domestic, and is duty-bound to oppose every 10
infraction of those principles that constitute 11
the basis of the union of the states because 12
only a faithful observance of those principles 13
can secure the union's existence and the public 14
happiness; 15
(2) Acting through the Constitution of the 16
United States, the people of the several states 17
SB 1488 4
created the federal government to be their agent 18
in the exercise of a few defined powers, while 19
reserving for the state governments the power to 20
legislate on matters concerning the lives, 21
liberties, and properties of citizens in the 22
ordinary course of affairs; 23
(3) The limitation of the federal 24
government's power is affirmed under Amendment X 25
of the Constitution of the United States, which 26
defines the total scope of federal powers as 27
being those that have been delegated by the 28
people of the several states to the federal 29
government and all powers not delegated to the 30
federal government in the Constitution of the 31
United States are reserved to the states 32
respectively or the people themselves; 33
(4) If the federal government assumes 34
powers that the people did not grant it in the 35
Constitution of the United States, its acts are 36
unauthoritative, void, and of no force; 37
(5) The several states of the United 38
States respect the proper role of the federal 39
government but reject the proposition that such 40
respect requires unlimited submission. If the 41
federal government, created by a compact among 42
the states, were the exclusive or final judge of 43
the extent of the powers granted to it by the 44
states through the Constitution of the United 45
States, the federal government's discretion, and 46
not the Constitution of the United States, would 47
necessarily become the measure of those powers. 48
To the contrary, as in all other cases of 49
compacts among powers having no common judge, 50
each party has an equal right to judge for 51
itself as to whether infractions of the compact 52
have occurred, as well as to determine the mode 53
and measure of redress. Although the several 54
states have granted supremacy to laws and 55
treaties made under the powers granted in the 56
Constitution of the United States, such 57
supremacy does not extend to various federal 58
statutes, executive orders, administrative 59
orders, court orders, rules, regulations, or 60
other actions that collect data or restrict or 61
SB 1488 5
prohibit the manufacture, ownership, or use of 62
firearms, firearm accessories, or ammunition 63
exclusively within the borders of Missouri; such 64
statutes, executive orders, administrative 65
orders, court orders, rules, regulations, and 66
other actions exceed the powers granted to the 67
federal government except to the extent they are 68
necessary and proper for governing and 69
regulating the United States Armed Forces or for 70
organizing, arming, and disciplining militia 71
forces actively employed in the service of the 72
United States Armed Forces; 73
(6) The people of the several states have 74
given Congress the power "to regulate commerce 75
with foreign nations, and among the several 76
states", but "regulating commerce" does not 77
include the power to limit citizens' right to 78
keep and bear arms in defense of their families, 79
neighbors, persons, or property nor to dictate 80
what sorts of arms and accessories law-abiding 81
Missourians may buy, sell, exchange, or 82
otherwise possess within the borders of this 83
state; 84
(7) The people of the several states have 85
also granted Congress the powers "to lay and 86
collect taxes, duties, imports, and excises, to 87
pay the debts, and provide for the common 88
defense and general welfare of the United 89
States" and "to make all laws which shall be 90
necessary and proper for carrying into execution 91
the powers vested by the Constitution of the 92
United States in the government of the United 93
States, or in any department or office 94
thereof". These constitutional provisions 95
merely identify the means by which the federal 96
government may execute its limited powers and 97
shall not be construed to grant unlimited power 98
because to do so would be to destroy the 99
carefully constructed equilibrium between the 100
federal and state governments. Consequently, 101
the general assembly rejects any claim that the 102
taxing and spending powers of Congress may be 103
used to diminish in any way the right of the 104
people to keep and bear arms; 105
SB 1488 6
(8) The general assembly finds that the 106
federal excise tax rate on arms and ammunition 107
in effect prior to January 1, 2021, which funds 108
programs under the Wildlife Restoration Act, 109
does not have a chilling effect on the purchase 110
or ownership of such arms and ammunition; 111
(9) The people of Missouri have vested the 112
general assembly with the authority to regulate 113
the manufacture, possession, exchange, and use 114
of firearms within the borders of this state, 115
subject only to the limits imposed by Amendment 116
II of the Constitution of the United States and 117
the Constitution of Missouri; and 118
(10) The general assembly of the state of 119
Missouri strongly promotes responsible gun 120
ownership, including parental supervision of 121
minors in the proper use, storage, and ownership 122
of all firearms; the prompt reporting of stolen 123
firearms; and the proper enforcement of all 124
state gun laws. The general assembly of the 125
state of Missouri hereby condemns any unlawful 126
transfer of firearms and the use of any firearm 127
in any criminal or unlawful activity.] 128
[1.420. The following federal acts, laws, 1
executive orders, administrative orders, rules, 2
and regulations shall be considered 3
infringements on the people's right to keep and 4
bear arms, as guaranteed by Amendment II of the 5
Constitution of the United States and Article I, 6
Section 23 of the Constitution of Missouri, 7
within the borders of this state including, but 8
not limited to: 9
(1) Any tax, levy, fee, or stamp imposed 10
on firearms, firearm accessories, or ammunition 11
not common to all other goods and services and 12
that might reasonably be expected to create a 13
chilling effect on the purchase or ownership of 14
those items by law-abiding citizens; 15
(2) Any registration or tracking of 16
firearms, firearm accessories, or ammunition; 17
(3) Any registration or tracking of the 18
ownership of firearms, firearm accessories, or 19
ammunition; 20
SB 1488 7
(4) Any act forbidding the possession, 21
ownership, use, or transfer of a firearm, 22
firearm accessory, or ammunition by law-abiding 23
citizens; and 24
(5) Any act ordering the confiscation of 25
firearms, firearm accessories, or ammunition 26
from law-abiding citizens.] 27
[1.430. All federal acts, laws, executive 1
orders, administrative orders, rules, and 2
regulations, regardless of whether they were 3
enacted before or after the provisions of 4
sections 1.410 to 1.485, that infringe on the 5
people's right to keep and bear arms as 6
guaranteed by the Second Amendment to the 7
Constitution of the United States and Article I, 8
Section 23 of the Constitution of Missouri shall 9
be invalid to this state, shall not be 10
recognized by this state, shall be specifically 11
rejected by this state, and shall not be 12
enforced by this state.] 13
[1.440. It shall be the duty of the courts 1
and law enforcement agencies of this state to 2
protect the rights of law-abiding citizens to 3
keep and bear arms within the borders of this 4
state and to protect these rights from the 5
infringements defined under section 1.420.] 6
[1.450. No entity or person, including any 1
public officer or employee of this state or any 2
political subdivision of this state, shall have 3
the authority to enforce or attempt to enforce 4
any federal acts, laws, executive orders, 5
administrative orders, rules, regulations, 6
statutes, or ordinances infringing on the right 7
to keep and bear arms as described under section 8
1.420. Nothing in sections 1.410 to 1.480 shall 9
be construed to prohibit Missouri officials from 10
accepting aid from federal officials in an 11
effort to enforce Missouri laws.] 12
[1.460. 1. Any political subdivision or 1
law enforcement agency that employs a law 2
enforcement officer who acts knowingly, as 3
defined under section 562.016, to violate the 4
SB 1488 8
provisions of section 1.450 or otherwise 5
knowingly deprives a citizen of Missouri of the 6
rights or privileges ensured by Amendment II of 7
the Constitution of the United States or Article 8
I, Section 23 of the Constitution of Missouri 9
while acting under the color of any state or 10
federal law shall be liable to the injured party 11
in an action at law, suit in equity, or other 12
proper proceeding for redress, and subject to a 13
civil penalty of fifty thousand dollars per 14
occurrence. Any person injured under this 15
section shall have standing to pursue an action 16
for injunctive relief in the circuit court of 17
the county in which the action allegedly 18
occurred or in the circuit court of Cole County 19
with respect to the actions of such individual. 20
The court shall hold a hearing on the motion for 21
temporary restraining order and preliminary 22
injunction within thirty days of service of the 23
petition. 24
2. In such actions, the court may award 25
the prevailing party, other than the state of 26
Missouri or any political subdivision of the 27
state, reasonable attorney's fees and costs. 28
3. Sovereign immunity shall not be an 29
affirmative defense in any action pursuant to 30
this section.] 31
[1.470. 1. Any political subdivision or 1
law enforcement agency that knowingly employs an 2
individual acting or who previously acted as an 3
official, agent, employee, or deputy of the 4
government of the United States, or otherwise 5
acted under the color of federal law within the 6
borders of this state, who has knowingly, as 7
defined under section 562.016, after the 8
adoption of this section: 9
(1) Enforced or attempted to enforce any 10
of the infringements identified in section 11
1.420; or 12
(2) Given material aid and support to the 13
efforts of another who enforces or attempts to 14
enforce any of the infringements identified in 15
section 1.420; 16
SB 1488 9
shall be subject to a civil penalty of fifty 17
thousand dollars per employee hired by the 18
political subdivision or law enforcement 19
agency. Any person residing in a jurisdiction 20
who believes that an individual has taken action 21
that would violate the provisions of this 22
section shall have standing to pursue an action. 23
2. Any person residing or conducting 24
business in a jurisdiction who believes that an 25
individual has taken action that would violate 26
the provisions of this section shall have 27
standing to pursue an action for injunctive 28
relief in the circuit court of the county in 29
which the action allegedly occurred or in the 30
circuit court of Cole County with respect to the 31
actions of such individual. The court shall 32
hold a hearing on the motion for a temporary 33
restraining order and preliminary injunction 34
within thirty days of service of the petition. 35
3. In such actions, the court may award 36
the prevailing party, other than the state of 37
Missouri or any political subdivision of the 38
state, reasonable attorney's fees and costs. 39
4. Sovereign immunity shall not be an 40
affirmative defense in any action pursuant to 41
this section.] 42
[1.480. 1. For sections 1.410 to 1.485, 1
the term "law-abiding citizen" shall mean a 2
person who is not otherwise precluded under 3
state law from possessing a firearm and shall 4
not be construed to include anyone who is not 5
legally present in the United States or the 6
state of Missouri. 7
2. For the purposes of sections 1.410 to 8
1.480, "material aid and support" shall include 9
voluntarily giving or allowing others to make 10
use of lodging; communications equipment or 11
services, including social media accounts; 12
facilities; weapons; personnel; transportation; 13
clothing; or other physical assets. Material 14
aid and support shall not include giving or 15
allowing the use of medicine or other materials 16
necessary to treat physical injuries, nor shall 17
SB 1488 10
the term include any assistance provided to help 18
persons escape a serious, present risk of life- 19
threatening injury. 20
3. It shall not be considered a violation 21
of sections 1.410 to 1.480 to provide material 22
aid to federal officials who are in pursuit of a 23
suspect when there is a demonstrable criminal 24
nexus with another state or country and such 25
suspect is either not a citizen of this state or 26
is not present in this state. 27
4. It shall not be considered a violation 28
of sections 1.410 to 1.480 to provide material 29
aid to federal prosecution for: 30
(1) Felony crimes against a person when 31
such prosecution includes weapons violations 32
substantially similar to those found in chapter 33
570 or 571 so long as such weapons violations 34
are merely ancillary to such prosecution; or 35
(2) Class A or class B felony violations 36
substantially similar to those found in chapter 37
579 when such prosecution includes weapons 38
violations substantially similar to those found 39
in chapter 570 or 571 so long as such weapons 40
violations are merely ancillary to such 41
prosecution. 42
5. The provisions of sections 1.410 to 43
1.485 shall be applicable to offenses occurring 44
on or after August 28, 2021.] 45
[1.485. If any provision of sections 1.410 1
to 1.485 or the application thereof to any 2
person or circumstance is held invalid, such 3
determination shall not affect the provisions or 4
applications of sections 1.410 to 1.485 that may 5
be given effect without the invalid provision or 6
application, and the provisions of sections 7
1.410 to 1.485 are severable.] 8
✓