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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. 1561
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR MCCREERY .
4515S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 571.010 and 571.020, RSMo, and to enact in lieu thereof two new sections
relating to firearm accessories, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 571.010 and 571.020, RSMo, are 1
repealed and two new sections enacted in lieu thereof, to be 2
known as sections 571.010 and 571.020, to read as follows:3
571.010. As used in this chapter, the following terms 1
shall mean: 2
(1) "Antique, curio or relic firearm", any firearm so 3
defined by the National Gun Control Act, 18 U.S.C. Title 26, 4
Section 5845, and the United States Treasury/Bureau of 5
Alcohol Tobacco and Firearms, 27 CFR Section 178.11: 6
(a) "Antique firearm" is any firearm not designed or 7
redesigned for using rim fire or conventional center fire 8
ignition with fixed ammunition and manufactured in or before 9
1898, said ammunition not being manufactured any longer; 10
this includes any matchlock, wheel lock, flintlock, 11
percussion cap or similar type ignition system, or replica 12
thereof; 13
(b) "Curio or relic firearm" is any firearm deriving 14
value as a collectible weapon due to its unique design, 15
ignition system, operation or at least fifty years old, 16
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associated with a historical event, renown personage or 17
major war; 18
(2) "Blackjack", any instrument that is designed or 19
adapted for the purpose of stunning or inflicting physical 20
injury by striking a person, and which is readily capable of 21
lethal use; 22
(3) "Blasting agent", any material or mixture, 23
consisting of fuel and oxidizer that is intended for 24
blasting, but not otherwise defined as an explosive under 25
this section, provided that the finished product, as mixed 26
for use of shipment, cannot be detonated by means of a 27
numbered 8 test blasting cap when unconfined; 28
(4) "Concealable firearm", any firearm with a barrel 29
less than sixteen inches in length, measured from the face 30
of the bolt or standing breech; 31
(5) "Deface", to alter or destroy the manufacturer's 32
or importer's serial number or any other distinguishing 33
number or identification mark; 34
(6) "Detonator", any device containing a detonating 35
charge that is used for initiating detonation in an 36
explosive, including but not limited to, electric blasting 37
caps of instantaneous and delay types, nonelectric blasting 38
caps for use with safety fuse or shock tube and detonating 39
cord delay connectors; 40
(7) "Explosive weapon", any explosive, incendiary, or 41
poison gas bomb or similar device designed or adapted for 42
the purpose of inflicting death, serious physical injury, or 43
substantial property damage; or any device designed or 44
adapted for delivering or shooting such a weapon. For the 45
purposes of this subdivision, the term "explosive" shall 46
mean any chemical compound mixture or device, the primary or 47
common purpose of which is to function by explosion, 48
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including but not limited to, dynamite and other high 49
explosives, pellet powder, initiating explosives, 50
detonators, safety fuses, squibs, detonating cords, igniter 51
cords, and igniters or blasting agents; 52
(8) "Firearm", any weapon that is designed or adapted 53
to expel a projectile by the action of an explosive; 54
(9) "Firearm silencer", any instrument, attachment, or 55
appliance that is designed or adapted to muffle the noise 56
made by the firing of any firearm; 57
(10) "Gas gun", any gas ejection device, weapon, 58
cartridge, container or contrivance other than a gas bomb 59
that is designed or adapted for the purpose of ejecting any 60
poison gas that will cause death or serious physical injury, 61
but not any device that ejects a repellant or temporary 62
incapacitating substance; 63
(11) "Intoxicated", substantially impaired mental or 64
physical capacity resulting from introduction of any 65
substance into the body; 66
(12) "Knife", any dagger, dirk, stiletto, or bladed 67
hand instrument that is readily capable of inflicting 68
serious physical injury or death by cutting or stabbing a 69
person. For purposes of this chapter, knife does not 70
include any ordinary pocketknife with no blade more than 71
four inches in length; 72
(13) "Knuckles", any instrument that consists of 73
finger rings or guards made of a hard substance that is 74
designed or adapted for the purpose of inflicting serious 75
physical injury or death by striking a person with a fist 76
enclosed in the knuckles; 77
(14) "Machine gun", any firearm that is capable of 78
firing more than one shot automatically, without manual 79
reloading, by a single function of the trigger; 80
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(15) "Projectile weapon", any bow, crossbow, pellet 81
gun, slingshot or other weapon that is not a firearm, which 82
is capable of expelling a projectile that could inflict 83
serious physical injury or death by striking or piercing a 84
person; 85
(16) "Rapid fire device", any accessory, conversion 86
kit, device, or tool that attaches to a semiautomatic 87
firearm and allows the firearm to discharge two or more 88
shots when the device is activated, or a manual or power 89
driven device that, when attached to a semiautomatic 90
firearm, increases the rate of fire of that firearm; 91
(17) "Rifle", any firearm designed or adapted to be 92
fired from the shoulder and to use the energy of the 93
explosive in a fixed metallic cartridge to fire a projectile 94
through a rifled bore by a single function of the trigger; 95
[(17)] (18) "School", any charter school, as such term 96
is defined in section 160.400, any private school, as such 97
term is defined in section 166.700, or any public school, as 98
such term is defined in section 160.011; 99
[(18)] (19) "Short barrel", a barrel length of less 100
than sixteen inches for a rifle and eighteen inches for a 101
shotgun, both measured from the face of the bolt or standing 102
breech, or an overall rifle or shotgun length of less than 103
twenty-six inches; 104
[(19)] (20) "Shotgun", any firearm designed or adapted 105
to be fired from the shoulder and to use the energy of the 106
explosive in a fixed shotgun shell to fire a number of shot 107
or a single projectile through a smooth bore barrel by a 108
single function of the trigger; 109
[(20)] (21) "Spring gun", any fused, timed or 110
nonmanually controlled trap or device designed or adapted to 111
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set off an explosion for the purpose of inflicting serious 112
physical injury or death; 113
[(21)] (22) "Switchblade knife", any knife which has a 114
blade that folds or closes into the handle or sheath, and: 115
(a) That opens automatically by pressure applied to a 116
button or other device located on the handle; or 117
(b) That opens or releases from the handle or sheath 118
by the force of gravity or by the application of centrifugal 119
force. 120
571.020. 1. A person commits an offense if such 1
person knowingly possesses, manufactures, transports, 2
repairs, or sells: 3
(1) An explosive weapon; 4
(2) An explosive, incendiary or poison substance or 5
material with the purpose to possess, manufacture or sell an 6
explosive weapon; 7
(3) A gas gun; 8
(4) A bullet or projectile which explodes or detonates 9
upon impact because of an independent explosive charge after 10
having been shot from a firearm; [or] 11
(5) Knuckles; [or] 12
(6) Any of the following in violation of federal law: 13
(a) A machine gun; 14
(b) A short-barreled rifle or shotgun; 15
(c) A firearm silencer; [or] 16
(d) A switchblade knife; or 17
(7) A rapid fire device. 18
2. A person does not commit an offense pursuant to 19
this section if his or her conduct involved any of the items 20
in subdivisions (1) to (5) of subsection 1, the item was 21
possessed in conformity with any applicable federal law, and 22
the conduct: 23
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(1) Was incident to the performance of official duty 24
by the Armed Forces, National Guard, a governmental law 25
enforcement agency, or a penal institution; or 26
(2) Was incident to engaging in a lawful commercial or 27
business transaction with an organization enumerated in 28
subdivision (1) of this [section] subsection; or 29
(3) Was incident to using an explosive weapon in a 30
manner reasonably related to a lawful industrial or 31
commercial enterprise; or 32
(4) Was incident to displaying the weapon in a public 33
museum or exhibition; or 34
(5) Was incident to using the weapon in a manner 35
reasonably related to a lawful dramatic performance. 36
3. An offense pursuant to subdivision (1), (2), (3) 37
[or], (6), or (7) of subsection 1 of this section is a class 38
D felony; a crime pursuant to subdivision (4) or (5) of 39
subsection 1 of this section is a class A misdemeanor. 40
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