SB 62 Modifies the laws on the use of force and firearms
Sponsor: Goodman Co-Sponsor(s)
LR Number: 0149S.11T Fiscal Note: 0149-05
Committee: Judiciary and Civil & Criminal Jurisprudence
Last Action: 7/3/2007 - Signed by Governor Journal Page:
Title: CCS HCS SCS SBs 62 & 41 Calendar Position:
Effective Date: August 28, 2007
House Handler: Ruestman

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Current Bill Summary


CCS/HCS/SCS/SBs 62 & 41 - This act modifies various laws relating to the criminal justice system.

SECTIONS 476.083 & 571.090

The permit requirement for the purchase of a concealable firearm is repealed.

SECTION 563.011

This section defines certain terms relating to the defense of justification, including "dwelling", "forcible felony", "remain after unlawfully entering", "residence", and "unlawfully enter."

SECTION 563.031

In addition to other restrictions on the use of physical force, a person is also prohibited from using force against another to defend him/herself or a third person if such person was attempting to commit, committing, or escaping after committing a forcible felony.

In addition to other circumstances when deadly force may be used, a person may use deadly force against an individual who unlawfully enters, remains, or attempts to enter a dwelling, residence, or vehicle lawfully occupied by the person or to protect himself or herself against death, serious injury, or any forcible felony.

This section states that a person does not have a duty to retreat from a dwelling, residence, or vehicle where the person is not entering or remaining unlawfully.

SECTION 563.036

This section regarding the use of physical force in defense of premises is repealed.

SECTION 563.041

This section contains technical modifications.

SECTION 563.074

A person who uses justified force shall have an absolute defense to criminal prosecution or civil liability for the use of such force. The court shall award attorney?s fees, court costs, and all reasonable expenses incurred by the defendant in defense of any civil action brought by the plaintiff if the court finds that the defendant has an absolute defense.

SECTION 571.030

This act makes an exception to certain provisions of the unlawful use of a weapon statute for federal flight deck officers and qualified retired peace officers.

SECTION 571.080

This act makes state restrictions on the transfer of concealable firearms identical to certain federal restrictions and removes the penalty.

SECTION 571.095

Currently, upon conviction of a felony in violation of the law perpetrated by the use of a firearm, the court may order the confiscation and disposal of such firearm. Under this act, the court may also order the sale or trade of such firearm to a licensed firearm dealer. The proceeds of such sale or trade shall be the property of the police or sheriff's department responsible for the defendant's arrest or the confiscation of the firearms and ammunition.

SECTION 571.111

For purposes of the concealed carry endorsement statute, the requirement of demonstrating knowledge of firearms safety training shall be satisfied with the submission of proof that the applicant currently holds a valid peace officer license, the applicant is currently allowed to carry a firearm as a probation and parole officer, or the applicant is certified as a corrections officer and has passed at least one eight-hour firearms training course.

SECTION 630.140

This section requires certain mental health records to be made available Highway Patrol for reporting to the National Instant Background Check System.

This act similar to HB 462 (2007), SB 457 (2007) & HCS/HB 189 (2007), HB 643 (2007), HB 180 (2007), HB 396 (2007), HB 615 (2007) & HB 1217 (2007).

SUSAN HENDERSON MOORE