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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. 858
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BRATTIN.
5588S.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 six new sections relating to the sole purpose of reenacting the
substantive portion of the Second Amendment Preservation Act and removi ng certain
legislative findings and declarations, with penalty provisions.
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1.460, 1.470, 1.480, and 1.485, RSMo, are repealed and six new 2
sections enacted in lieu thereof, to be known as sections 1.411, 3
1.451, 1.461, 1.471, 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) Acting through the Constitution of the United 12
States, the people of the several states created the federal 13
government to be their agent in the exercise of a few 14
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defined powers, while reserving for the state governments 15
the power to legislate on matters concerning the lives, 16
liberties, and properties of citizens in the ordinary course 17
of affairs; 18
(3) The limitation of the federal government's power 19
is affirmed under Amendment X of the Constitution of the 20
United States, which defines the total scope of federal 21
powers as being those that have been delegated by the people 22
of the several states to the federal government and all 23
powers not delegated to the federal government in the 24
Constitution of the United States are reserved to the states 25
respectively or the people themselves; 26
(4) If the federal government assumes powers that the 27
people did not grant it in the Constitution of the United 28
States, its acts are unauthoritative, void, and of no force; 29
(5) The several states of the United States respect 30
the proper role of the federal government but reject the 31
proposition that such respect requires unlimited 32
submission. If the federal government, created by a compact 33
among the states, were the exclusive or final judge of the 34
extent of the powers granted to it by the states through the 35
Constitution of the United States, the federal government's 36
discretion, and not the Constitution of the United States, 37
would necessarily become the measure of those powers. To 38
the contrary, as in all other cases of compacts among powers 39
having no common judge, each party has an equal right to 40
judge for itself as to whether infractions of the compact 41
have occurred, as well as to determine the mode and measure 42
of redress. Although the several states have granted 43
supremacy to laws and treaties made under the powers granted 44
in the Constitution of the United States, such supremacy 45
does not extend to various federal statutes, executive 46
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orders, administrative orders, court orders, rules, 47
regulations, or other actions that collect data or restrict 48
or prohibit the manufacture, ownership, or use of firearms, 49
firearm accessories, or ammunition exclusively within the 50
borders of Missouri; such statutes, executive orders, 51
administrative orders, court orders, rules, regulations, and 52
other actions exceed the powers granted to the federal 53
government except to the extent they are necessary and 54
proper for governing and regulating the United States Armed 55
Forces or for organizing, arming, and disciplining militia 56
forces actively employed in the service of the United States 57
Armed Forces; 58
(6) The people of the several states have given 59
Congress the power "to regulate commerce with foreign 60
nations, and among the several states", but "regulating 61
commerce" does not include the power to limit citizens' 62
right to keep and bear arms in defense of their families, 63
neighbors, persons, or property nor to dictate what sorts of 64
arms and accessories law-abiding Missourians may buy, sell, 65
exchange, or otherwise possess within the borders of this 66
state; 67
(7) The people of the several states have also granted 68
Congress the powers "to lay and collect taxes, duties, 69
imports, and excises, to pay the debts, and provide for the 70
common defense and general welfare of the United States" and 71
"to make all laws which shall be necessary and proper for 72
carrying into execution the powers vested by the 73
Constitution of the United States in the government of the 74
United States, or in any department or office thereof". 75
These constitutional provisions merely identify the means by 76
which the federal government may execute its limited powers 77
and shall not be construed to grant unlimited power because 78
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to do so would be to destroy the carefully constructed 79
equilibrium between the federal and state governments. 80
Consequently, the general assembly rejects any claim that 81
the taxing and spending powers of Congress may be used to 82
diminish in any way the right of the people to keep and bear 83
arms; 84
(8) The general assembly finds that the federal excise 85
tax rate on arms and ammunition in effect prior to January 86
1, 2026, which funds programs under the Wildlife Restoration 87
Act, does not have a chilling effect on the purchase or 88
ownership of such arms and ammunition; 89
(9) The people of Missouri have vested the general 90
assembly with the authority to regulate the manufacture, 91
possession, exchange, and use of firearms within the borders 92
of this state, subject only to the limits imposed by 93
Amendment II of the Constitution of the United States and 94
the Constitution of Missouri; and 95
(10) The general assembly of the state of Missouri 96
strongly promotes responsible gun ownership, including 97
parental supervision of minors in the proper use, storage, 98
and ownership of all firearms; the prompt reporting of 99
stolen firearms; and the proper enforcement of all state gun 100
laws. The general assembly of the state of Missouri hereby 101
condemns any unlawful transfer of firearms and the use of 102
any firearm in any criminal or unlawful activity. 103
1.451. No public officer or employee of this state or 1
any political subdivision of this state shall have the 2
authority to enforce or attempt to enforce any federal acts, 3
laws, executive orders, administrative orders, rules, 4
regulations, statutes, or ordinances regarding firearms, 5
firearm accessories, or ammunition against law abiding 6
citizens. Nothing in sections 1.451 to 1.484 shall be 7
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construed to prohibit Missouri officials from accepting aid 8
from federal officials in an effort to enforce Missouri laws. 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 citizen of Missouri of the rights or 5
privileges ensured by Amendment II of the Constitution of 6
the United States or Article I, Section 23 of the 7
Constitution of Missouri while acting under the color of any 8
state or federal law shall be liable to the injured party in 9
an action at law, suit in equity, or other proper proceeding 10
for redress, and subject to a civil penalty of fifty 11
thousand dollars per occurrence. Any person injured under 12
this section shall have standing to pursue an action for 13
injunctive relief in the circuit court of the county in 14
which the action allegedly occurred or in the circuit court 15
of Cole County with respect to the actions of such 16
individual. The court shall hold a hearing on the motion 17
for a temporary restraining order and preliminary injunction 18
within thirty days of service of the petition. 19
2. In such actions, the court may award the prevailing 20
party, other than the state of Missouri or any political 21
subdivision of the state, reasonable attorney's fees and 22
costs. 23
3. Sovereign immunity shall not be an affirmative 24
defense in any action pursuant to this section. 25
1.471. 1. Any political subdivision or law 1
enforcement agency that knowingly employs an individual 2
acting or who previously acted as an official, agent, 3
employee, or deputy of the government of the United States, 4
or otherwise acted under the color of federal law within the 5
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borders of this state, who has knowingly, as defined under 6
section 562.016, after the adoption of this section: 7
(1) Enforced, attempted to enforce, or participated in 8
any way in the enforcement or implementation of any federal 9
acts, laws, executive orders, rules, regulations, statutes, 10
or ordinances regarding firearms, firearm accessories, or 11
ammunition; or 12
(2) Given material aid and support to the efforts of 13
another who enforces or attempts to enforce or participates 14
in any way in the enforcement or implementation of any 15
federal acts, laws, executive orders, rules, regulations, 16
statutes, or ordinances regarding firearms, firearm 17
accessories, or ammunition; 18
shall be subject to a civil penalty of fifty thousand 19
dollars per employee hired by the political subdivision or 20
law enforcement agency involved in a course of conduct 21
described in subdivision (1) or (2) of this subsection. 22
Each such course of conduct shall subject the political 23
subdivision or law enforcement agency to a separate civil 24
penalty. Any person residing in a jurisdiction who believes 25
that an individual has taken action that would violate the 26
provisions of this section shall have standing to pursue an 27
action, but multiple actions relating to the same course of 28
conduct shall not subject the political subdivision or law 29
enforcement agency to penalties that total more than fifty 30
thousand dollars for each employee involved in the course of 31
conduct. 32
2. Any person residing or conducting business in a 33
jurisdiction who believes that an individual has taken 34
action that would violate the provisions of this section 35
shall have standing to pursue an action for injunctive 36
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relief in the circuit court of the county in which the 37
action allegedly occurred or in the circuit court of Cole 38
County with respect to the actions of such individual. The 39
court shall hold a hearing on the motion for a temporary 40
restraining order and preliminary injunction within thirty 41
days of service of the petition. 42
3. In such actions, the court may award the prevailing 43
party, other than the state of Missouri or any political 44
subdivision of the state, reasonable attorney's fees and 45
costs. 46
4. Sovereign immunity shall not be an affirmative 47
defense in any action pursuant to this section. 48
5. Nothing in this section shall be construed to 49
prohibit the hiring, or impose any penalties for the hiring, 50
of any individual whose federal service was as a member of 51
the armed services of the United States. 52
1.481. 1. For sections 1.451 to 1.484, the term "law- 1
abiding citizen" shall mean a person who is not otherwise 2
precluded under state law from possessing a firearm and 3
shall not be construed to include anyone who is not legally 4
present in the United States or the state of Missouri. 5
2. For the purposes of sections 1.451 to 1.484, 6
"material aid and support" shall include voluntarily giving 7
or allowing others to make use of lodging; communications 8
equipment or services, including social media accounts; 9
facilities; weapons; personnel; transportation; clothing; or 10
other physical assets. Material aid and support shall not 11
include giving or allowing the use of medicine or other 12
materials necessary to treat physical injuries, nor shall 13
the term include any assistance provided to help persons 14
escape a serious, present risk of life-threatening injury. 15
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3. It shall not be considered a violation of sections 16
1.451 to 1.484 to provide material aid to federal officials 17
who are in pursuit of a suspect when there is a demonstrable 18
criminal nexus with another state or country and such 19
suspect is either not a citizen of this state or is not 20
present in this state. 21
4. It shall not be considered a violation of sections 22
1.451 to 1.484 to provide material aid to federal 23
prosecution for: 24
(1) Felony crimes against a person when such 25
prosecution includes weapons violations substantially 26
similar to those found in chapter 570 or 571 so long as such 27
weapons violations are merely ancillary to such prosecution; 28
or 29
(2) Class A or class B felony violations substantially 30
similar to those found in chapter 579 when such prosecution 31
includes weapons violations substantially similar to those 32
found in chapter 570 or 571 so long as such weapons 33
violations are merely ancillary to such prosecution. 34
5. The provisions of sections 1.451 to 1.484 shall be 35
applicable to offenses occurring on or after August 28, 2026. 36
1.484. If any provision of sections 1.411 to 1.484 or 1
the application thereof to any person or circumstance is 2
held invalid, such determination shall not affect the 3
provisions or applications of sections 1.411 to 1.484 that 4
may be given effect without the invalid provision or 5
application, and the provisions of sections 1.411 to 1.484 6
are severable. 7
[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
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(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
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
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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
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
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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
(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
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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
(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
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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
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
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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
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
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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
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
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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
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