HB 2034 Modifies various provisions relating to weapons

Current Bill Summary

- Prepared by Senate Research -


SCS/HCS/HB 2034 - This act modifies various provisions relating to weapons.

SECTIONS 537.294 & 537.355

Currently, owners of firearm ranges in existence on August 13, 1988, are immune from criminal liability for noise or sound emission from normal use of the range. Under this act, authorized users, as well as owners, shall be immune from criminal liability as well as civil liability for such actions. The act removes the August 13, 1988 date provision, which allows the immunities to apply to firearm ranges regardless of when they initiated operations. The act removes the qualifying word "normal" in reference to the type of use of the firearm range. Actions by a court in this state to enjoin the use or operation of such firearm ranges and any damages awarded against any owner or user of such firearm ranges for nuisance or trespass are null and void.

The act removes the provision under current law that grants similar immunity from criminal liability, trespass, or nuisance suits to owners of firearm ranges built after August 13, 1988, provided the firearm ranges conform to certain provisions.

All owners and authorized users of existing hunting preserves after the effective date of this act shall be immune from criminal or civil liability for noise or sound emission from normal use of the preserve. Owners and authorized users of such preserves shall not be subject to an action for public or private nuisance or trespass, and no court shall enjoin the use or operation of such hunting preserves because of such sound or noise emissions.

An owner of land who invites or allows any person to use the property for recreational purposes without charge does not confer upon the person the legal status of invitee or licensee and only owes the person the duty of care owed to a trespasser. Also, the owner does not assume responsibility for or incur liability for any injury to any person or property caused by an act or omission of the person while engaged in recreational activities without the failure to exercise ordinary care.

SECTIONS 571.010 & 571.070

Currently, it is a crime for certain persons, including dangerous felons, to possess a concealable firearm. The crime of unlawful possession of a concealable firearm is a class C felony. Under this act, the crime is expanded to prohibit any felon from possessing any firearm or explosive weapon. The term "explosive weapon" is redefined.

This section is similar to SCS/SB 1172, SB 851 & HB 1441 (2008).

SECTION 571.014

A person commits the crime of unlawful refusal to transfer by denying sale of a firearm to a non-licensee, who is otherwise not prohibited from possessing a firearm by law, solely on the basis that the non-licensee purchased a firearm that was later the subject of a trace request by law. Violation of this provision is a class A misdemeanor. With limited exception, no licensed federal firearms dealer shall fail or refuse to complete the sale of a firearm to a customer in any case in which the sale is authorized by federal law.

SECTION 571.020

This act allows licensed importers, manufacturers, dealers, or collectors to possess, manufacture, transport, repair, or sell a firearm silencer as a curio, ornament, or keepsake.

Currently, it is not a crime for a person to possess, manufacture, transport, repair, or sell a firearm silencer if such action was incident to dealing with the silencer as a curio, ornament, or keepsake, or it is used in a lawful dramatic performance, but only if the silencer is in a nonfunctioning condition. Under this act, the silencer would not have to be in such nonfunctioning condition.

This section is identical to certain provisions to SCS/SB 1172 (2008).

SECTION 571.093

Section 571.090, RSMo, requiring a conceable firearm permit from the county sheriff was repealed last year. If any sheriff retains such records of permit, they shall be closed the public and shall not be made available unless mandated by a court order relating to a criminal investigation.

This section is identical to HB 1765 (2008).

SECTION 571.101

Currently, a person applying for a concealed carry endorsement must have resided in Missouri for a minimum of six months. This act removes the six-month residency requirement and allows an applicant who has assumed residency in Missouri to be eligible for the endorsement.

This section is identical to HB 1982 (2008).

SUSAN HENDERSON MOORE


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