Missouri Senate

Senate Committee Substitute

This act prohibits the sales tax on any firearms or ammunition from being levied at a higher rate than taxes on other goods or any other excise tax levied on sporting goods.

Under current law, a person commits a crime if he or she possesses, manufactures, transports, repairs, or sells a machine gun, short barreled rifle or shotgun, or firearm silencer. This act provides that a person commits the crime if he or she is engaging in the above activities in violation of federal law.

A person does not commit a crime under current law if his or her conduct with the weapons listed above and other specified weapons was incident to certain activities. This act adds an additional requirement that the weapon must also be possessed in conformity with federal law for the conduct to be lawful. In addition, this act repeals provisions allowing for certain activities if the weapon is a curio, ornament, keepsake and provisions relating to the use of certain weapons in a dramatic performance.

A person commits the crime of unlawful use of weapons under this act if he or she knowingly possesses a firearm while also in possession of certain felony amounts of controlled substances unless the possession is reasonably associated with, or necessary to, the person's official duties.

This act removes a requirement that certain otherwise unlawful uses of a firearm be reasonably associated with, or necessary to, the person's official duties in order to be lawful. Federal probation officer or federal flight deck officers who, under current law, may engage in these otherwise unlawful uses of a firearm, may do so under this act regardless of whether they are on duty or within the jurisdiction of their agency. This act also allows a full-time fire investigator who has a concealed carry endorsement to engage in the otherwise unlawful uses when such uses are reasonably associated with, or necessary to, the person's official duties.

No one who has received a suspended imposition of sentence for any felony firearms- or weapons-related offense may receive a suspended imposition of sentence for a felony violation of unlawful use of weapons.

Under this act, a person commits the Class D felony of fraudulent purchase of a firearm if he or she knowingly: entices a firearms dealer or seller to transfer a firearm or ammunition under circumstances which the person knows would violate the law; provides materially false information with the intent to deceive a dealer or seller about the legality of such a transfer; or willfully procures another to engage in those activities.

Under current law, a Missouri resident conforming to all applicable state and federal gun laws may purchase rifles and shotguns in states contiguous to Missouri. Also, residents of the contiguous states who conform to applicable state and federal gun laws may purchase rifles and shotguns in Missouri.

This act allows Missouri residents to purchase rifles and shotguns in any state so long as the resident follows all applicable provisions of the Federal Gun Control Act of 1968, Missouri law and the law of the state in which the purchase occurs. A resident of any state who abides by the applicable federal laws, Missouri laws and laws of the resident's home state may purchase rifles and shotguns in Missouri.

In addition, the current provisions regarding such gun purchases are moved from the merchandising practices chapter to the chapter on weapons offenses. As a result, certain provisions governing the entire merchandising practices chapter will no longer apply, including provisions that detail the power of the Attorney General to investigate violations of the law.

This act lowers the age at which a person can obtain a concealed carry endorsement from 23 to 18 years of age. This act also provides that a nondriver's license with a concealed carry endorsement expires three years from the date the certificate of qualification was issued by a sheriff beginning on January 1, 2013.

Legislators, full time and legislative employees of the General Assembly, statewide elected officials and their employees may carry concealed firearms in the state capitol building, or at any meeting in the building, if they have a concealed carry endorsement.

No political subdivisions may enact or enforce any order or ordinance that prohibits the use of pneumatic guns at shooting ranges, on other property where firearms may be discharged, or on private property with the permission of the owner when conducted with reasonable care to prevent a projectile from crossing the property's boundary lines.

The Attorney General may establish a public web site that publishes the names of municipalities and counties that do not allow the open carry of firearms.

This act contains provisions similar to provisions of SB 87 (2011), SB 297 (2011), SB 298 (2011), and SB 330 (2011).

MEGHAN LUECKE