Creates the offense of unlawful possession of a firearm by a minor

SECOND REGULAR SESSION
SENATE BILL NO. 868
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR ROBERTS.
4786S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 571.095, RSMo, and to enact in lieu thereof two new sections relating to unlawful
possession of a firearm by a minor, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 571.095, RSMo, is repealed and two new 1
sections enacted in lieu thereof, to be known as sections 2
571.068 and 571.095, to read as follows:3
571.068. 1. A person who is less than eighteen years 1
of age commits the offense of unlawful possession of a 2
firearm by a minor if such person knowingly possesses a 3
handgun or ammunition that is only suitable for a handgun. 4
2. The offense of unlawful possession of a firearm by 5
a minor is a class A misdemeanor. 6
3. This offense shall not apply to: 7
(1) A temporary transfer of a handgun or ammunition to 8
a person under the age of eighteen or the possession or use 9
of a handgun or ammunition by a person under the age of 10
eighteen if the handgun and ammunition are possessed and 11
used by such person in accordance with state law and any 12
ordinances of a political subdivision: 13
(a) In the course of employment; 14
(b) In the course of ranching or farming related to 15
activities at the residence of the person or on property 16
used for ranching or farming at which the person, with the 17
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permission of the property owner or lessee, is performing 18
activities related to the operation of the farm or ranch; or 19
(c) In the course of target practice, hunting, or 20
during instruction in the safe and lawful use of a handgun. 21
The person under the age of eighteen shall have the prior 22
written consent of the person's parent or guardian who is 23
not prohibited by federal or state law or any ordinance from 24
possessing a firearm and shall transport the handgun 25
unloaded and in a locked container directly from the place 26
of transfer to the place at which the activity in this 27
subdivision is to take place; 28
(2) A person under the age of eighteen who is a member 29
of the Armed Forces of the United States or the National 30
Guard who possesses or is armed with a handgun in the line 31
of duty; 32
(3) A transfer by inheritance of title of a handgun or 33
ammunition to a person under the age of eighteen; or 34
(4) The possession of a handgun or ammunition by a 35
person under the age of eighteen taken in defense of the 36
person or other persons against an intruder into the 37
residence of the person or a residence in which the person 38
is invited as a guest. 39
4. As used in this section, "handgun" shall mean a 40
firearm which has a short stock and is designed to be held 41
and fired by the use of a single hand, and shall not include 42
an antique firearm as defined in section 571.010. 43
571.095. 1. Upon conviction for or attempting to 1
commit a felony in violation of any law perpetrated in whole 2
or in part by the use of a firearm, the court may, in 3
addition to the penalty provided by law for such offense, 4
order the confiscation and disposal or sale or trade to a 5
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licensed firearms dealer of firearms and ammunition used in 6
the commission of the crime or found in the possession or 7
under the immediate control of the defendant at the time of 8
his or her arrest. 9
2. A firearm or ammunition which is in the possession 10
of a minor in violation of section 571.068, the possession 11
of which is transferred to the minor in circumstances in 12
which the transferor is not in violation of section 571.060 13
or section 571.080, shall not be subject to permanent 14
confiscation if its possession by the minor subsequently 15
becomes unlawful because of the conduct of the minor, but 16
shall be returned to the lawful owner when such firearm is 17
no longer required for the purposes of investigation or 18
prosecution. 19
3. The proceeds of any sale or gains from trade shall 20
be the property of the police department or sheriff's 21
department responsible for the defendant's arrest or the 22
confiscation of the firearms and ammunition. If such 23
firearms or ammunition are not the property of the convicted 24
felon, they shall be returned to their rightful owner if he 25
or she is known and was not a participant in the crime. Any 26
proceeds collected under this section shall be deposited 27
with the municipality or by the county treasurer into the 28
county sheriff's revolving fund established in section 29
50.535. 30
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