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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. 952
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR MOON.
5746S.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 seven new sections relating to the sole, exclusive, and specific
purpose of amending the truly agreed to and finally passed senate substitute for senate
committee substitute for house committee substitute for house bills 85 & 310 as passed
by the one hundred first general assembly, first regular session by completely repealing
sections 1.410.2(4), 1.410.2(6), 1.410.2(7), 1.410.2(9), 1.430, 1.440, RSMo, repealing
everything after the first sentence in 1.410.2(5), RSMo, and replacing the first sentence
up to the colon in 1.420, RSMo, with, “The State of Missouri and any of its political
subdivisions, as well as the public officials, employees, or agents of the State and any
of its political subdivisions, shall have no authority to assist in the enforcement of the
following types of federal acts, laws, executive orders, administrative orders, rules, and
regulations within the borders of this state including, but not limited to:”, repealing the
first sentence of 1.450, and making appropriate date and section reference changes.
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1.460, 1.470, 1.480, and 1.485, RSMo, are repealed and seven 2
new sections enacted in lieu thereof, to be known as sections 3
1.410, 1.420, 1.450, 1.460, 1.470, 1.480, and 1.485, to read as 4
follows:5
1.410. 1. Sections 1.410 to 1.485 shall be known and 1
may be cited as the "Second Amendment Preservation Act". 2
2. The general assembly finds and declares that: 3
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(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
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 33
compact among the states, were the exclusive or final judge 34
of the extent of the powers granted to it by the states 35
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through the Constitution of the United States, the federal 36
government's discretion, and not the Constitution of the 37
United States, would necessarily become the measure of those 38
powers. To the contrary, as in all other cases of compacts 39
among powers having no common judge, each party has an equal 40
right to judge for itself as to whether infractions of the 41
compact have occurred, as well as to determine the mode and 42
measure of redress. Although the several states have 43
granted supremacy to laws and treaties made under the powers 44
granted in the Constitution of the United States, such 45
supremacy does not extend to various federal statutes, 46
executive orders, administrative orders, court orders, 47
rules, regulations, or other actions that collect data or 48
restrict or prohibit the manufacture, ownership, or use of 49
firearms, firearm accessories, or ammunition exclusively 50
within the borders of Missouri; such statutes, executive 51
orders, administrative orders, court orders, rules, 52
regulations, and other actions exceed the powers granted to 53
the federal government except to the extent they are 54
necessary and proper for governing and regulating the United 55
States Armed Forces or for organizing, arming, and 56
disciplining militia forces actively employed in the service 57
of the United States 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
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(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
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)] (5) The general assembly finds that the federal 85
excise tax rate on arms and ammunition in effect prior to 86
January 1, 2021, which funds programs under the Wildlife 87
Restoration Act, does not have a chilling effect on the 88
purchase or 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)] (6) The general assembly of the state of 96
Missouri strongly promotes responsible gun ownership, 97
including parental supervision of minors in the proper use, 98
storage, and ownership of all firearms; the prompt reporting 99
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of stolen firearms; and the proper enforcement of all state 100
gun laws. The general assembly of the state of Missouri 101
hereby condemns any unlawful transfer of firearms and the 102
use of any firearm in any criminal or unlawful activity. 103
1.420. [The following federal acts, laws, executive 1
orders, administrative orders, rules, and regulations shall 2
be considered infringements on the people's right to keep 3
and bear arms, as guaranteed by Amendment II of the 4
Constitution of the United States and Article I, Section 23 5
of the Constitution of Missouri, within the borders of this 6
state including, but not limited to] The state of Missouri 7
and any of its political subdivisions, as well as the public 8
officials, employees, or agents of the state and any of its 9
political subdivisions, shall have no authority to assist in 10
the enforcement of the following types of federal acts, 11
laws, executive orders, administrative orders, rules, and 12
regulations within the borders of this state including, but 13
not limited to: 14
(1) Any tax, levy, fee, or stamp imposed on firearms, 15
firearm accessories, or ammunition not common to all other 16
goods and services and that might reasonably be expected to 17
create a chilling effect on the purchase or ownership of 18
those items by law-abiding citizens; 19
(2) Any registration or tracking of firearms, firearm 20
accessories, or ammunition; 21
(3) Any registration or tracking of the ownership of 22
firearms, firearm accessories, or ammunition; 23
(4) Any act forbidding the possession, ownership, use, 24
or transfer of a firearm, firearm accessory, or ammunition 25
by law-abiding citizens; and 26
(5) Any act ordering the confiscation of firearms, 27
firearm accessories, or ammunition from law-abiding citizens. 28
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1.450. [No entity or person, including any public 1
officer or employee of this state or any political 2
subdivision of this state, shall have the authority to 3
enforce or attempt to enforce any federal acts, laws, 4
executive orders, administrative orders, rules, regulations, 5
statutes, or ordinances infringing on the right to keep and 6
bear arms as described under section 1.420.] Nothing in 7
sections 1.410 to 1.480 shall be construed to prohibit 8
Missouri officials from accepting aid from federal officials 9
in an effort to enforce Missouri laws. 10
1.460. 1. Any political subdivision or law 1
enforcement agency that employs a law enforcement officer 2
who acts knowingly, as the word "knowingly" is defined under 3
section 562.016, to violate the provisions of section 1.450 4
or otherwise knowingly deprives a citizen of Missouri of the 5
rights or privileges ensured by Amendment II 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 be liable to the injured 9
party in an action at law, suit in equity, or other proper 10
proceeding for redress, and subject to a civil penalty of 11
fifty thousand dollars per occurrence. Any person injured 12
under this section shall have standing to pursue an action 13
for 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 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
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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
1.470. 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
borders of this state, who has knowingly, as the word 6
"knowingly" is defined under section 562.016, after the 7
adoption of this section: 8
(1) Enforced or attempted to enforce any of the 9
infringements identified in section 1.420; or 10
(2) Given material aid and support to the efforts of 11
another who enforces or attempts to enforce any of the 12
infringements identified in section 1.420; 13
shall be subject to a civil penalty of fifty thousand 14
dollars per employee hired by the political subdivision or 15
law enforcement agency. Any person residing in a 16
jurisdiction who believes that an individual has taken 17
action that would violate the provisions of this section 18
shall have standing to pursue an action. 19
2. Any person residing or conducting business in a 20
jurisdiction who believes that an individual has taken 21
action that would violate the provisions of this section 22
shall have standing to pursue an action for injunctive 23
relief in the circuit court of the county in which the 24
action allegedly occurred or in the circuit court of Cole 25
County with respect to the actions of such individual. The 26
court shall hold a hearing on the motion for a temporary 27
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restraining order and preliminary injunction within thirty 28
days of service of the petition. 29
3. In such actions, the court may award the prevailing 30
party, other than the state of Missouri or any political 31
subdivision of the state, reasonable attorney's fees and 32
costs. 33
4. Sovereign immunity shall not be an affirmative 34
defense in any action pursuant to this section. 35
1.480. 1. For the purposes of sections 1.410 to 1
1.485, the term "law-abiding citizen" shall mean a person 2
who is not otherwise precluded under state law from 3
possessing a firearm and shall not be construed to include 4
anyone who is not legally present in the United States or 5
the state of Missouri. 6
2. For the purposes of sections 1.410 to 1.480, the 7
term "material aid and support" shall include voluntarily 8
giving or allowing others to make use of lodging; 9
communications equipment or services, including social media 10
accounts; facilities; weapons; personnel; transportation; 11
clothing; or other physical assets. Material aid and 12
support shall not include giving or allowing the use of 13
medicine or other materials necessary to treat physical 14
injuries, nor shall the term include any assistance provided 15
to help persons escape a serious, present risk of life- 16
threatening injury. 17
3. It shall not be considered a violation of sections 18
1.410 to 1.480 to provide material aid to federal officials 19
who are in pursuit of a suspect when there is a demonstrable 20
criminal nexus with another state or country and such 21
suspect is either not a citizen of this state or is not 22
present in this state. 23
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4. It shall not be considered a violation of sections 24
1.410 to 1.480 to provide material aid to federal 25
prosecution for: 26
(1) Felony crimes against a person when such 27
prosecution includes weapons violations substantially 28
similar to those found in chapter 570 or 571 so long as such 29
weapons violations are merely ancillary to such prosecution; 30
or 31
(2) Class A or class B felony violations substantially 32
similar to those found in chapter 579 when such prosecution 33
includes weapons violations substantially similar to those 34
found in chapter 570 or 571 so long as such weapons 35
violations are merely ancillary to such prosecution. 36
5. The provisions of sections 1.410 to 1.485 shall be 37
applicable to offenses occurring on or after August 28, 2021. 38
1.485. If any provision of sections 1.410 to 1.485 or 1
the application [thereof] of such provision to any person or 2
circumstance is held invalid, such determination shall not 3
affect the provisions or applications of sections 1.410 to 4
1.485 that may be given effect without the invalid provision 5
or application, and the provisions of sections 1.410 to 6
1.485 are severable. 7
[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
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[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
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