Gun Law in Missouri

The Missouri Right to Bear Arms, Amendment 5 was approved by voters August 5, 2014, which established the inalienable right of citizens to keep and bear arms, ammunition, and accessories associated with the normal functioning of such arms, for the purpose of defense of one’s person, family, home, and property.

STATE CONSTITUTIONAL PROVISION – Article 1, Section 23

“That the right of every citizen to keep and bear arms, ammunition, and accessories typical to the normal function of such arms, in defense of his home, person, family, and property, or when lawfully summoned in aid of the civil power, shall not be questioned. The rights guaranteed by this section shall be unalienable. Any restriction on these rights shall be subject to strict scrutiny and the state of Missouri shall be obligated to uphold these rights and shall under no circumstances decline to protect against their infringement. Nothing in this section shall be construed to prevent the general assembly from enacting general laws which limit the rights of convicted violent felons or those adjudicated by a court to be a danger to self or others as a result of a mental disorder or mental infirmity."

Black Gun Ownership Restrictions

As we pointed out in, "Long History of Police Brutality," the history of policing in this country begins with slave patrols and restriction of black gun ownership has been a primary goal.

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The Second Amendment to the U.S. Constitution states, "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." The Second Amendment Was Ratified to Preserve Slavery

Enforcement of gun law is not fairly applied and results in unequal gun rights for Black people.  

Most gun restriction laws were created to prevent black people from owning guns. After reconstruction, the Ku Klux Klan and other terrorist groups did not want black people to be able to defend themselves against the terror they were inflicting. During the 1960's, California created the most restrictive gun law in the country in response to the Black Panthers openly carrying guns in response to police brutality. 

The Mulford Act gained national attention after the Black Panthers marched on the California Capitol to protest the bill which was signed into law by Governor Ronald Reagan.

Expect selective enforcement against blacks more than whites concerning any gun restrictions in Missouri. Criminalization of African Americans also helps to restrict legal gun ownership for black people. Understanding the law is your only protection against organized efforts to disarm us as a group. The FBI reported that white supremacists have been infiltrating law enforcement for decades. You can also assume white supremacist have infiltrated state and federal legislatures, and hold positions such as prosecutors, judges and various positions in government. Randy Pullen, former Arizona GOP Chairman, in 2015 specifically stated that black people should be disarmed. Use the free legal information on this site learn how to protect your rights and privileges. 

Organize to increase African-American gun rights, visit the NATIONAL AFRICAN AMERICAN GUN ASSOCIATION

St. Louis Zulu Shooters Club Facebook Page

The National African American Gun Association, known as NAAGA, has increased its chapters from 14 to 75 since President Donald Trump’s inauguration, as more people of color join gun clubs and refute the NRA.

Inside the largest African-American gun group: "I'm not goin' down without a fight"


Marijuana and Guns Rights

Missouri was the 32nd state to legalize medical marijuana. Federal law prohibits medical marijuana users from possessing or buying firearms and ammunition — even if state law allows the drug’s use. The federal government has issued a memorandum that says if you have a medical marijuana card, they can seize your guns. There are no exceptions, according to the Bureau of Alcohol, Tobacco, Firearms, and Explosives. There have been legal challenges to the federal prohibition on marijuana and guns in other states. All have failed. 


Democide

Guns also help protect citizens from democide, "the murder of any person or people by their government, including genocide, politicide and mass murder", such as the "Orangeburg Massacre" and the Camp Van Dorn Massacre in Mississippi when the firing pins were removed from black soldiers' rifle before being engaged by white soldiers. Included among the most recent modern examples are the senseless killings of unarmed people by police.

There are 94.7 million permanently unemployed Americans who are considered not in the labor force, not even seeking a job. It has been suggested that Trump's agenda during his first 50 days in office indicates a possible U.S. "democide" policy.

For additional history about disarming black people in America, see, "Laws Designed to Disarm Slaves, Freedmen, and African-Americans", "The Racist Roots of Gun Control" and "White & Black Guns: A History Of Gun Control For Black People".

Concealed Carry

Missouri has “Permitless Carry" as of 1-1-2017. Anyone at least 19 years of age or eighteen years of age and a member of the United States Armed Forces, or honorably discharged from the United States Armed Forces, who can legally possess a firearm may carry it concealed without a Permit/License. On September 14, 2016, the Missouri Legislature overrode Governor Nixon's Veto of, Senate Bill 656, a proposed change to relax the concealed carry law.

The criminal offense of unlawful possession of a weapon was changed to omit the element of the crime that a person was found to be in possession of a concealed weapon without a permit (Rsmo 571.030). This is the basis in law that makes it legal in Missouri to carry a concealed weapon without a permit.

A Missouri resident may still apply for a concealed and carry permit and must be at least 19 years. The permit allows you to carry in other states that recognize Missouri conceal carry permits.  Applications are submitted to the sheriff of the county of residence. The application includes basic information, state and federal background checks, fingerprinting, and proof of weapons training completion. Concealed Carry Licenses are valid for five (5) years.

St. Louis City | St. Louis County | St. Charles CountyMissouri Sheriffs' Association Permit FAQ |

Missouri Statute 571.070 says that it is unlawful for a felon or adjudged incompetent Person to have possession of any firearm (including concealable firearms). Violation of this law is a class C felony. This law was the subject of a challenge, in which a nonviolent felon successfully argued that the law is unconstitutional as applied to him. The law failed muster against the required strict scrutiny test. However, the law was found to be constitutional by the Supreme Court of Missouri.

Missouri teachers and staff can qualify to carry guns in school under Missouri Revised Statute (RSMO) 160.665. School districts must hold a public hearing before establishing this program. Teachers and staff must pass a training program established by the Peace Officers Standards and Training Commission under RSMO 590.200

Missouri Law Exempts the possession of antique firearms, as defined in 18 U.S.C. Section 921, from the provision that specifies a person commits the crime of unlawful possession of a firearm if he or she is a convicted felon possessing a firearm.

Missouri Revised Statutes 21.750 a law enforcement officer cannot disarm anyone carrying a concealed or unconcealed firearm absent “reasonable and articulable suspicion of criminal activity.”

Missouri Revised Statute 571.510 does not allow any public housing authority to prohibit a tenant or guest from personally possessing firearms in an individual residence, common area, or from transporting firearms to and from a residence.

Missouri Statute 571.121  says that: (a) You have to carry your permit with you when you carry the concealed weapon, and if you don't have it with you, it is not a crime, but you can be fined up to $35; and that (b) County sheriffs issue a state CCW I.D. that reflects that you can carry concealed.

Missouri Revised Statute 571.107 prohibits carrying a concealed weapon in the following places:

  • Any police, sheriff, or highway patrol office or station without consent
  • Within 25 feet of any polling place on Election Day
  • Adult or juvenile jails or institutions
  • Courthouses or facilities
  • Any meeting of a government body (except by a member of the governing body with a concealed carry permit)
  • Any airport
  • Where prohibited by federal law
  • Any schools
  • Child care facility (without consent of manager)
  • Riverboat gambling facility
  • Amusement parks
  • Any church or place of worship without permission of minister or person representing religious organization
  • Any sports arena or stadium (with seating of more than 5,000)
  • Hospitals
  • Private or public property where posted

Possession of a firearm in a vehicle on the premises of any of the above-listed location is not prohibited so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises. Carrying a concealed firearm in any location specified is not a criminal act. Two sections of law decriminalize the act of carrying a concealed weapon onto private property whose owner has posted the premises as being off-limits to concealed firearms. 

  1. Per Section 571.030.8(2) RSMo, a person who does carry a concealed weapon onto posted property may be removed from the premises by law enforcement officers and fined, as provided in Section 571.107 RSMo, but not charged with a crime unless an additional illegal act is committed on the private property.
  2. This provision to decriminalize the carrying of a concealed weapon onto property posted as being off-limits to those with firearms also is in Section 571.215.2 RSMo for those with extended or lifetime concealed weapons permits.

However, you can be denied access to the premises or may be removed from the premises for doing so. If a peace officer is summoned:

  • Upon the first offense, you can be cited and fined up to $100.
  • If within six months, a second offense occurs, you can be fined up to $200, and your concealed firearms permit can be suspended for a period of one year.
  • If within one year of the first offense a third citation for a similar violation is issued, you may be fined up to $500, and your concealed carry permit revoked.
  • If your concealed carry permit is revoked, you are not eligible for the permit for a period of three years.
  • It is a misdemeanor to possess an unloaded firearm while under the influence of drugs or alcohol (it is a felony if the weapon is loaded)

Under Federal Law 18 US Code §930, guns cannot be taken into federal facilities except for “hunting or other lawful purposes.” The U.S. Postal Service does not allow guns on their parking lots, even if locked in a car. They have claimed regulatory authority through the parking lot and even to the public sidewalk beyond. Driving into the parking lot of a post office with a gun anywhere in the car is a federal crime. Most other federal facilities are content with guns locked in the car, however, it's best to check. 

Handguns

  • No permit is necessary to purchase a handgun
  • Registration of handguns is not required
  • Ownership licenses are not required
  • The right to carry handguns requires a license

Rifles and Shotguns

  • No permit is required to purchase rifles and shotguns
  • Registration of rifles and shotguns is not required under Missouri gun law
  • Ownership licenses are not required
  • A permit to carry shotguns and rifles is not required

Open Carry

Open carry is generally legal in Missouri, but cities and local governments within Missouri have the right to limit open carry. Missouri allows any person who has a valid concealed carry endorsement or permit and is lawfully carrying a firearm in a concealed manner to briefly and openly display the firearm, so long as the firearm is not displayed in an angry or threatening manner. Some localities prohibit open carry, however, restrictions must comply with state law.

Concealed Carry Permit Requirement Exceptions

  • No concealed carry permit is required when the weapon is in a non-functioning state (for instance, if it has a barrel lock in place), or if the weapon is unloaded and no ammunition is readily accessible.
  • While traveling in a car and at least 19 years old or 18 and a member of the armed forces (or honorably discharged). Missouri's old "peaceable journey" law, which allowed a person to conceal a weapon in a car while on a "peaceable journey" through the state (including journeys that begin and end outside of the state, begin and end inside of the state, begin in the state and end outside the state, or begin outside of the state and end in the state), is still in effect and has no age restriction.
  • When a person is also carrying an exposed firearm for the lawful pursuit of game. For instance, if a hunter is openly carrying his deer rifle, he may also conceal a handgun without a concealed carry permit.
  • No concealed carry permit is required when a person is on their own property.

Additional Missouri Gun Law Information

ATF Federal Firearms Regulations Reference Guide

State Firearms Laws and Ordinances

Missouri State Law Summary, Law Center to Prevent Gun Violence


Castle Doctrine

Missouri has Castle Doctrine laws and became the 25th state to adopt the “stand your ground” canon. It empowers gun owners to defend themselves outside of their homes or properties. They are not required to retreat, wherever they may lawfully be, prior to using deadly force. The law also prohibits political subdivisions to preclude the use of firearms to defend people or property. 

A castle doctrine is a legal doctrine that designates a person's home any legally occupied place – e.g., a vehicle or workplace as a place in which that person has certain protections and immunities permitting him or her, in certain circumstances, to use force (up to and including deadly force) to defend himself or herself against an intruder, free from legal responsibility or prosecution for the consequences of the force used.

In addition to providing a valid defense in criminal law, many laws implementing the castle doctrine, particularly those with a "stand-your-ground clause," also have a clause which provides immunity from any civil lawsuits filed on behalf of the assailant (for damages/injuries resulting from the force used to stop them). Without this clause, an assailant could sue for medical bills, property damage, disability, and pain & suffering as a result of the injuries inflicted by the defender; or, if the force results in the assailant's death, his/her next-of-kin or estate could launch a wrongful death suit.

Missouri Castle Law RSMO 563.031 extends to any building, inhabitable structure, or conveyance of any kind, whether the building, inhabitable structure, or conveyance is temporary or permanent, mobile or immobile (e.g., a camper, RV or mobile home), which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night, whether the person is residing there temporarily, permanently or visiting (e.g., a hotel or motel), and any vehicle. The defense against civil suits is absolute and includes the award of attorney's fees, court costs, and all reasonable expenses incurred by the defendant in defense of any civil action brought by a plaintiff.


Ghost Guns

Federal authorities are raising concerns about guns that can be sold to anyone without a background check because they are sent in pieces, so when shipped, they are not technically guns.


Missouri Gun Laws Overview

  RIFLES & SHOTGUNS HANDGUNS
Permit to Purchase No No
Registration of Firearms No No
Licensing of Owners No No
Permit to Carry No No

The information is not intended as legal advice or a restatement of law and does not include:  restrictions that may be placed on non-resident permits, individuals under the age of 21, qualifying permit classes, and/or any other factor which may limit reciprocity and/or recognition. Some states will only recognize Missouri RESIDENT permits. Wisconsin will only honor a Missouri License issued or renewed on or after August 28, 2013; http://ago.mo.gov/divisions/public-safety/concealed-carry-reciprocity. For any particular situation, a licensed local attorney must be consulted for an accurate interpretation.  YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL.

  STATE STATUS
Castle Doctrine Enacted
No-Net Loss Enacted
Right To Carry Confidentiality Provisions Enacted
Right To Carry in Restaurants Partial Ban
Right To Carry Laws Shall Issue
Right To Carry Reciprocity and Recognition Outright Recognition
Right To Keep & Bear Arms State Constitutional Provisions With Provisions

Title 3. Legislative Branch
Chapter 21, Firearms, Components, Ammunition, Legislation Preemption by General Assembly

§ Sec. 21.750 Firearms legislation preemption by general assembly, exceptions – limitation on civil recovery against firearms or ammunitions manufacturers, when, exception

Title 38. Crimes and Punishment; Peace Officers and Public Defenders
Chapter 571. Weapons Offenses

§ Sec. 571.010 Definitions

§ Sec. 571.014 Unlawful refusal to transfer by denying sale of a firearm to a nonlicensee, crime of – violation, penalty – inapplicability, when

§ Sec. 571.020 Possession – manufacture – transport – repair – sale of certain weapons a crime – exceptions – penalties

§ Sec. 571.030 Unlawful use of weapons – exceptions – penalties

§ Sec. 571.037 Open display of firearm permitted, when

§ Sec. 571.045 Defacing firearm, penalty

§ Sec. 571.050 Possession of defaced firearm, penalty

§ Sec. 571.060 Unlawful transfer of weapons, penalty

§ Sec. 571.063 Fraudulent purchase of a firearm, crime of – definitions – penalty – exceptions

§ Sec. 571.070 Possession of firearm unlawful for certain persons – penalty – exception

§ Sec. 571.072 Unlawful possession of an explosive weapon – penalty

Concealable Firearms

§ Sec. 571.080 Transfer of concealable firearms

§ Sec. 571.085 Purchase in another state by Missouri residents, permitted when

§ Sec. 571.087 Purchase in Missouri by nonresident, permitted when

§ Sec. 571.092 Petition for removal of disqualification to ship, transport, receive, purchase, possess, transfer firearm– contents–granting of relief, when–appeal

Metal-Penetrating Bullets

§ Sec. 571.150 Use or possession of a metal-penetrating bullet during the commission of a crime – definition – penalty

Title 40. Additional Executive Departments
Chapter 632. Comprehensive Psychiatric Services Sexually Violent Predators, Civil Commitment

§ Sec. 632.505 Conditional release — interagency agreements for supervision, plan — court review of plan, order, conditions — copy of order — continuing control and care — modifications — violations — agreements with private entities — fee, rulemaking authority — escape — notification to local law enforcement, when


Title 3. Legislative Branch
Chapter 21. General Assembly
Firearms, components, Ammunition, Legislation Preemption by General Assembly

§ Sec. 21.750 Firearms legislation preemption by general assembly, exceptions – limitation on civil recovery against firearms or ammunitions manufacturers, when, exception

1. The general assembly hereby occupies and preempts the entire field of legislation touching in any way firearms, components, ammunition and supplies to the complete exclusion of any order, ordinance or regulation by any political subdivision of this state. Any existing or future orders, ordinances or regulations in this field are hereby and shall be null and void except as provided in subsection 3 of this section.

2. No county, city, town, village, municipality, or other political subdivision of this state shall adopt any order, ordinance or regulation concerning in any way the sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permit, registration, taxation other than sales and compensating use taxes or other controls on firearms, components, ammunition, and supplies except as provided in subsection 3 of this section.

3. (1) Except as provided in subdivision (2) of this subsection, nothing contained in this section shall prohibit any ordinance of any political subdivision which conforms exactly with any of the provisions of §§ 571.010 to 571.070,with appropriate penalty provisions, or which regulates the open carrying of firearms readily capable of lethal use or the discharge of firearms within a jurisdiction, provided such ordinance complies with the provisions of § 252.243.No ordinance shall be construed to preclude the use of a firearm in the defense of person or property, subject to the provisions of chapter 563.

(2) In any jurisdiction in which the open carrying of firearms is prohibited by ordinance, the open carrying of firearms shall not be prohibited in accordance with the following:

(a) Any person with a valid concealed carry endorsement or permit who is open carrying a firearm shall be required to have a valid concealed carry endorsement or permit from this state, or a permit from another state that is recognized by this state, in his or her possession at all times;
(b) Any person open carrying a firearm in such jurisdiction shall display his or her concealed carry endorsement or permit upon demand of a law enforcement officer;
(c) In the absence of any reasonable and articulable suspicion of criminal activity, no person carrying a concealed or unconcealed firearm shall be disarmed or physically restrained by a law enforcement officer unless under arrest; and
(d) Any person who violates this subdivision shall be subject to the penalty provided in § 571.121

4. The lawful design, marketing, manufacture, distribution, or sale of firearms or ammunition to the public is not an abnormally dangerous activity and does not constitute a public or private nuisance

5. No county, city, town, village or any other political subdivision nor the state shall bring suit or have any right to recover against any firearms or ammunition manufacturer, trade association or dealer for damages, abatement or injunctive relief resulting from or relating to the lawful design, manufacture, marketing, distribution, or sale of firearms or ammunition to the public. This subsection shall apply to any suit pending as of October 12, 2003, as well as any suit which may be brought in the future. Provided, however, that nothing in this section shall restrict the rights of individual citizens to recover for injury or death caused by the negligent or defective design or manufacture of firearms or ammunition.

6. Nothing in this section shall prevent the state, a county, city, town, village or any other political subdivision from bringing an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the state or such political subdivision

Title 38. Crimes and Punishment; Peace Officers and Public Defenders
Chapter 571. Weapons Offenses

§ Sec. 571.010 Definitions.

As used in this chapter, the following terms shall mean:

(1) "Antique, curio or relic firearm", any firearm so defined by the National Gun Control Act, 18 U.S.C. Title 26, § 5845, and the United States Treasury/Bureau of Alcohol Tobacco and Firearms, 27 CFR § 178.11:

(a) "Antique firearm" is any firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, said ammunition not being manufactured any longer; this includes any matchlock, wheel lock, flintlock, percussion cap or similar type ignition system, or replica thereof;
(b) "Curio or relic firearm" is any firearm deriving value as a collectible weapon due to its unique design, ignition system, operation or at least 50 years old, associated with a historical event, renown personage or major war;

(4) "Concealable firearm", any firearm with a barrel less than 16 inches in length, measured from the face of the bolt or standing breech;

(5) "Deface", to alter or destroy the manufacturer's or importer's serial number or any other distinguishing number or identification mark;

(7) "Explosive weapon", any explosive, incendiary, or poison gas bomb or similar device designed or adapted for the purpose of inflicting death, serious physical injury, or substantial property damage; or any device designed or adapted for delivering or shooting such a weapon. For the purposes of this subdivision, the term "explosive" shall mean any chemical compound mixture or device, the primary or common purpose of which is to function by explosion, including but not limited to, dynamite and other high explosives, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cords, igniter cords, and igniters or blasting agents;

(8) "Firearm", any weapon that is designed or adapted to expel a projectile by the action of an explosive;

(9) "Firearm silencer", any instrument, attachment, or appliance that is designed or adapted to muffle the noise made by the firing of any firearm;

(11) "Intoxicated", substantially impaired mental or physical capacity resulting from introduction of any substance into the body;

(14) "Machine gun", any firearm that is capable of firing more than one shot automatically, without manual reloading, by a single function of the trigger;

(16) "Rifle", any firearm designed or adapted to be fired from the shoulder and to use the energy of the explosive in a fixed metallic cartridge to fire a projectile through a rifled bore by a single function of the trigger;

(17) "Short barrel", a barrel length of less than 16 inches for a rifle and 18 inches for a shotgun, both measured from the face of the bolt or standing breech, or an overall rifle or shotgun length of less than 26 inches;

(18) "Shotgun", any firearm designed or adapted to be fired from the shoulder and to use the energy of the explosive in a fixed shotgun shell to fire a number of shot or a single projectile through a smooth bore barrel by a single function of the trigger;

(19) "Spring gun", any fused, timed or nonmanually controlled trap or device designed or adapted to set off an explosion for the purpose of inflicting serious physical injury or death.

§ Sec. 571.014 Unlawful refusal to transfer by denying sale of a firearm to a nonlicensee, crime of – violation, penalty – inapplicability, when

1. A person commits the crime of unlawful refusal to transfer by denying sale of a firearm to a nonlicensee, who is otherwise not prohibited from possessing a firearm under state or federal law, solely on the basis that the nonlicensee purchased a firearm that was later the subject of a trace request by law enforcement.

2. Violation of subsection 1 of this section shall be a class A misdemeanor.

3. Notwithstanding any other provision of law to the contrary, no federal firearms dealer licensed under 18 U.S.C. § 923 who engages in the sale of firearms within this state shall fail or refuse to complete the sale of a firearm to a customer in every case in which the sale is authorized by federal law.

4. The provisions of this section shall not apply to any individual federal firearms license holder, his agents, or employees to the extent they chose in their individual judgment to not complete the sale or transfer of a firearm for articulable reasons specific to that transaction, so long as those reasons are not based on the race, gender, religion, creed of the buyer

§ Sec. 571.020 Possession – manufacture – transport – repair – sale of certain weapons a crime – exceptions – penalties

1. A person commits an offense if such person knowingly possesses, manufactures, transports, repairs, or sells:

(1) An explosive weapon;
(2) An explosive, incendiary or poison substance or material with the purpose to possess, manufacture or sell an explosive weapon;
(4) A bullet or projectile which explodes or detonates upon impact because of an independent explosive charge after having been shot from a firearm; or
(6) Any of the following in violation of federal law:

(a) A machine gun;
(b) A short-barreled rifle or shotgun;
(c) A firearm silencer; or

2. A person does not commit an offense pursuant to this section if his or her conduct involved any of the items in subdivisions (1) to (5) of subsection 1, the item was possessed in conformity with any applicable federal law, and the conduct:

(1) Was incident to the performance of official duty by the Armed Forces, National Guard, a governmental law enforcement agency, or a penal institution; or
(2) Was incident to engaging in a lawful commercial or business transaction with an organization enumerated in subdivision (1) of this section; or
(3) Was incident to using an explosive weapon in a manner reasonably related to a lawful industrial or commercial enterprise; or
(4) Was incident to displaying the weapon in a public museum or exhibition; or
(5) Was incident to using the weapon in a manner reasonably related to a lawful dramatic performance.

3. An offense pursuant to subdivision (1), (2), (3) or (6) of subsection 1 of this section is a class D felony; a crime pursuant to subdivision (4) or (5) of subsection 1 of this section is a class A misdemeanor.

§ Sec. 571.030 Unlawful use of weapons – exceptions – penalties

1. A person commits the offense of unlawful use of weapons, except as otherwise provided by §§ 571.101 to 571.121, if he or she knowingly:

(11) Possesses a firearm while also knowingly in possession of a controlled substance that is sufficient for a felony violation of § 579.015.

8. A person who commits the crime of unlawful use of weapons under:

(1) Subdivision (2), (3), (4), or (11) of subsection 1 of this section shall be guilty of a class E felony;

11. Notwithstanding any other provision of law, no person who pleads guilty to or is found guilty of a felony violation of subsection 1 of this section shall receive a suspended imposition of sentence if such person has previously received a suspended imposition of sentence for any other firearms- or weapons-related felony offense.

§ Sec. 571.045 Defacing firearm, penalty

1. A person commits the crime of defacing a firearm if he knowingly defaces any firearm.

2. Defacing a firearm is a class A misdemeanor.

§ Sec. 571.050 Possession of defaced firearm, penalty

1. A person commits the crime of possession of a defaced firearm if he knowingly possesses a firearm which is defaced.

2. Possession of a defaced firearm is a class B misdemeanor.

§ Sec. 571.060 Unlawful transfer of weapons, penalty

1. A person commits the offense of unlawful transfer of weapons if he:

(1) Knowingly sells, leases, loans, gives away or delivers a firearm or ammunition for a firearm to any person who, under the provisions of § 571.070, is not lawfully entitled to possess such;
(2) …[R]ecklessly, as defined in § 562.016, sells, leases, loans, gives away or delivers any firearm to a person less than 18 years old without the consent of the child's custodial parent or guardian; provided, that this does not prohibit the delivery of such weapons to any peace officer or member of the Armed Forces or National Guard while performing his official duty; or
(3) Recklessly, as defined in § 562.016, sells, leases, loans, gives away or delivers a firearm or ammunition for a firearm to a person who is intoxicated.

2. Unlawful transfer of weapons under subdivision (1) of subsection 1 of this section is a class E felony; unlawful transfer of weapons under subdivisions (2) and (3) of subsection 1 of this section is a class A misdemeanor.

§ Sec. 571.063 Fraudulent purchase of a firearm, crime of – definitions – penalty – exceptions

1. As used in this section the following terms shall mean:

(1) "Ammunition", any cartridge, shell, or projectile designed for use in a firearm;
(2) "Licensed dealer", a person who is licensed under 18 U.S.C. § 923 to engage in the business of dealing in firearms;
(3) "Materially false information", any information that portrays an illegal transaction as legal or a legal transaction as illegal;
(4) "Private seller", a person who sells or offers for sale any firearm, as defined in § 571.010, or ammunition.

2. A person commits the crime of fraudulent purchase of a firearm if such person:

(1) Knowingly solicits, persuades, encourages or entices a licensed dealer or private seller of firearms or ammunition to transfer a firearm or ammunition under circumstances which the person knows would violate the laws of this state or the United States; or
(2) Provides to a licensed dealer or private seller of firearms or ammunition what the person knows to be materially false information with intent to deceive the dealer or seller about the legality of a transfer of a firearm or ammunition; or
(3) Willfully procures another to violate the provisions of subdivision (1) or (2) of this subsection.

3. Fraudulent purchase of a firearm is a class E felony.

4. This section shall not apply to criminal investigations conducted by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives, authorized agents of such investigations, or to a peace officer, as defined in § 542.261, acting at the explicit direction of the United States Bureau of Alcohol, Tobacco, Firearms and Explosives.

Concealable Firearms

§ Sec. 571.070 Possession of firearm unlawful for certain persons – penalty – exception

1. A person commits the offense of unlawful possession of a firearm if such person knowingly has any firearm in his or her possession and:

(1) Such person has been convicted of a felony under the laws of this state, or of a crime under the laws of any state or of the United States which, if committed within this state, would be a felony; or
(2) Such person is a fugitive from justice, is habitually in an intoxicated or drugged condition, or is currently adjudged mentally incompetent.

2. Unlawful possession of a firearm is a class D felony.

3. The provisions of subdivision (1) of subsection 1 of this section shall not apply to the possession of an antique firearm.

§ Sec. 571.072 Unlawful possession of an explosive weapon – penalty

1. A person commits the offense of unlawful possession of an explosive weapon if he or she has any explosive weapon in his or her possession and:

(1) He or she has pled guilty to or has been convicted of a dangerous felony, as defined in § 556.061, or of an attempt to commit a dangerous felony, or of an offense under the laws of any state or of the United States which, if committed within this state, would be a dangerous felony, or confined therefor in this state or elsewhere during the 5-year period immediately preceding the date of such possession; or
(2) He or she is a fugitive from justice, is habitually in an intoxicated or drugged condition, or is currently adjudged mentally incompetent.

2. Unlawful possession of an explosive weapon is a class D felony.

§ Sec. 571.080 Transfer of concealable firearms. 

A person commits the crime of transfer of a concealable firearm if such person violates 18 U.S.C. § 922(b) or 18 U.S.C. § 922(x).

§ Sec. 571.085 Purchase in another state by Missouri residents, permitted when.

Residents of the state of Missouri may purchase firearms in any state, provided that such residents conform to the applicable provisions of the Federal Gun Control Act of 1968, and regulations thereunder, and provided further that such residents conform to the provisions of law applicable to such purchase in the state of Missouri and in the state in which the purchase is made.

§ Sec. 571.087 Purchase in Missouri by nonresident, permitted when.

Residents of any state may purchase firearms in the state of Missouri, provided that such residents conform to the applicable provisions of the Federal Gun Control Act of 1968, and regulations thereunder, and provided further that such residents conform to the provisions of law applicable to such purchase in the state of Missouri and in the state in which such persons reside.

§ Sec. 571.092 Restriction on transfer and possession of firearms, petition for removal of, when, requirements

1. Any individual who has been adjudged incapacitated under chapter 475, who has been involuntarily committed under chapter 632, or who is otherwise subject to the firearms-related disabilities of 18 U.S.C. § 922(d)(4) or (g)(4) as a result of an adjudication or commitment that occurred in this state may file a petition for the removal of the disqualification to ship, transport, receive, purchase, possess, or transfer a firearm imposed under 18 U.S.C. § 922(d)(4) or (g)(4) and the laws of this state.

2. The petition shall be filed in the circuit court with jurisdiction in the petitioner's place of residence or that entered the letters of guardianship or the most recent order for involuntary commitment, or the most recent disqualifying order, whichever is later. The petition shall include:

(1) The circumstances regarding the firearms disabilities;
(2) The applicant's record which at a minimum shall include the applicant's mental health and criminal history records, if any;
(3) The applicant's reputation through character witness statements, testimony, or other character evidence; and
(4) Any other information or evidence relevant to the relief sought, including but not limited to evidence concerning any changes in the petitioner's condition since the disqualifying commitment or adjudication occurred.

Upon receipt of the petition, the clerk shall schedule a hearing and provide notice of the hearing to the petitioner.

3. The court shall grant the requested relief if it finds by clear and convincing evidence that:

(1) The petitioner will not be likely to act in a manner dangerous to public safety; and
(2) Granting the relief is not contrary to the public interest.

4. In order to determine whether to grant relief under this section, the court may request the local prosecuting attorney, circuit attorney, or attorney general to provide a written recommendation as to whether relief should be granted. In any order requiring such review the court may grant access to any and all mental health records, juvenile records, and criminal history of the petitioner wherever maintained. The court may allow presentation of evidence at the hearing if requested by the petitioner or by the local prosecuting attorney, circuit attorney, or attorney general. A record shall be kept of the proceedings.

5. If the petitioner is filing the petition as a result of an involuntary commitment under chapter 632, the hearing and records shall be closed to the public, unless the court finds that public interest would be better served by conducting the hearing in public. If the court determines the hearing should be open to the public, upon motion by the petitioner, the court may allow for the in-camera inspection of mental health records. The court may allow the use of the record but shall restrict it from public disclosure, unless it finds that the public interest would be better served by making the record public.

6. The court shall include in its order the specific findings of fact on which it bases its decision.

7. Upon a judicial determination to grant a petition under this section, the clerk in the county where the petition was granted shall forward the order to the Missouri state highway patrol for updating of the petitioner's record with the National Instant Criminal Background Check System (NICS). The Missouri state highway patrol shall contact the Federal Bureau of Investigation to effect this updating no later than 21 days from receipt of the order.

8. Any person who has been denied a petition for the removal of the disqualification to ship, transport, receive, purchase, possess, or transfer a firearm under this section shall not be eligible to file another petition for removal of such disqualification until the expiration of one year from the date of such denial.

9. In the event a petition is denied under this section, the petitioner may appeal such denial, and review shall be de novo.

Metal-Penetrating Bullets

§ Sec. 571.150 Use or possession of a metal-penetrating bullet during the commission of a crime – definition – penalty

1. As used in this section, the term "metal-penetrating bullet" means handgun bullet or projectile of 9 mm, .25, .32, .38, .357, .41, .44, or .451 or other caliber which is comprised of a hardened core equal to the minimum of the maximum attainable hardness by solid red metal alloy which purposely reduces the normal expansion or mushrooming of the bullet's or projectile's shape upon impact. Metal-penetrating bullet does not include any bullet or projectile composed of copper or brass jacket with lead or lead alloy cores or any bullet or projectile composed of lead or lead alloys.

2. Any person who uses or possesses a metal-penetrating bullet during the commission of a crime is guilty of a class B felony.

Title 40. Additional Executive Departments
Chapter 632. Comprehensive Psychiatric Services
Sexually Violent Predators, Civil Commitment

§ Sec. 632.505 Conditional release — interagency agreements for supervision, plan — court review of plan, order, conditions — copy of order — continuing control and care — modifications — violations — agreements with private entities — fee, rulemaking authority — escape — notification to local law enforcement, when

3. The court shall review the plan and determine the conditions that it deems necessary to meet the person’s need for treatment and supervision and to protect the safety of the public. The court shall order that the person shall be subject to the following conditions and other conditions as deemed necessary:

(4) Not possess a firearm or dangerous weapon;

 

 

 

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