Missouri Senate

Senate Committee Substitute

SECTIONS 407.500, 407.505, 571.085, & 571.087

Currently, a Missouri resident is only allowed to purchase rifles and shotguns in states contiguous to Missouri and a resident of a contiguous state is allowed to purchase these items in Missouri if he or she conforms to the Federal Gun Control Act of 1968, the laws regarding these purchases in Missouri, and the laws of the state in which the purchase is made. This act repeals these provisions and allows a Missouri resident or the resident of any state to make these purchases if he or she conforms to the federal act and the laws of both states.

SECTIONS 563.011 & 563.031

This act specifies that an individual, who owns or leases private property and is claiming a justification of using protective force, may use deadly force against a person who unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter the property.

The owner or lessor of private property does not have a duty to retreat from such property.

Currently, a person may use deadly force against a person who unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter a dwelling, residence, or vehicle lawfully occupied by such person. Under this amendment, if a defendant asserts the use of this type of force, the burden shall then be on the state to prove beyond a reasonable doubt that the defendant did not reasonably believe that the use of such force was necessary to defend against what he or she reasonably believed was the use of imminent use of unlawful force.

SECTION 571.030

Under this act, it an unlawful use of a weapon if a person has a firearm readily capable of lethal use readily accessible within the area of his or his control while intoxicated. Currently, it is unlawful if a person possesses or discharges the firearm while intoxicated. The act also makes it an unlawful use of a weapon to possess a firearm while also being in possession of controlled substances that are sufficient for a felony violation.

This act exempts prosecuting attorneys, assistant prosecuting attorneys, circuit attorneys, and assistant circuit attorneys who have completed the firearms safety training course required to obtain a conceal carry endorsement, from certain otherwise unlawful uses of a weapon. Such acts include the general prohibition against carrying a concealed firearm without an endorsement, shooting into a dwelling, exhibiting a weapon in a threatening manner, discharging a firearm within 100 yards of a school, courthouse, or church, discharging a firearm along a highway, carrying a firearm into a church or election precinct, discharging a firearm at or from a vehicle at a person, and carrying a firearm into a school. These exemptions are identical to the exception for peace officers, jailers, members of the military, members of the judiciary, persons executing process, probation and parole officers, corporate security advisors, and coroners.

No person who pleads guilty to or is found guilty of a felony violation of unlawful use of a weapon shall receive a suspended imposition of sentence (SIS) if such person has previously received a SIS for any other firearms or weapons related felony offense.

SECTION 571.070

Currently, a felon cannot possess a firearm in this state. This act would allow such felons to possess antique firearms.

SECTION 571.101

The minimum age requirement for obtaining a concealed carry endorsement is lowered from 23 to 21 years of age.

SECTION 571.104

To process a change of address for a concealed carry endorsement, the sheriff of the new jurisdiction may charge a fee of not more than $10. Also, a sheriff may charge a fee of not more than $10 to change the name on an endorsement.

SECTION 571.107

This act provides that restrictions on carrying a concealed firearm into meetings of the general assembly shall not preclude a member, full-time employee, or legislative employee of the general assembly, or any statewide elected official or any employee of such official, who holds a valid concealed carry endorsement, from carrying a concealed firearm in the state capitol building.

This act is similar to SB 1005 (2010), HB 1802 (2010), HB 1910 (2010), HB 1308 (2010), HB 1453 (2010), HB 2197 (2010), certain provisions of HCS#2/HB 1692 (2010), SB 740 (2010), and HCS/HB 1787 (2010).

SUSAN HENDERSON MOORE