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May 7th 2013 in The Missouri House

mspgunner

mspgunner

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Feb 6, 2009
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1,966
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Ellisville, Missouri, USA
On the House calendar for today:
SCS HCS HB 436, as amended -- Handler: Funderburk (103)
Title:FIREARMS
Included in this is the OC amendment:
21.750. 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 sections 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 section 252.243.
(2) In any jurisdiction in which open carry of firearms is prohibited by ordinance, open carry of a firearm shall not be prohibited in accordance with the following:
(a) Any person with a valid concealed carry endorsement who is open carrying a firearm shall be required to have a valid concealed carry endorsement from this state or a permit from another state permit which is recognized by this state in his or her possession at all times;
(b) The open carrying of a firearm shall be limited to a firearm sixteen inches or less in overall length;
(c) Any person open carrying a firearm in such jurisdiction shall display his or her concealed carry endorsement upon demand of a law enforcement officer;
(d) In the absence of any reasonable and articular suspicion of criminal activity, no person carrying a concealed or unconcealed handgun shall be disarmed or physically restrained by a law enforcement officer unless under arrest; and
(e) Any person who violates this subdivision shall be subject to the penalty provided in section 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.
 
WCEarp

WCEarp

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Sep 6, 2012
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78
Location
Oak Grove, Missouri
On pins and needles waiting. Already asked my rep. to support it like she did last time. Wish I could have gotten off work to see the possible debate and vote. Hopefully, I will be able to listen to the audio stream.

Thank you to all those that put in way more effort than me to get 2A bills this far in the process.
 
L

logunowner

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Joined
May 1, 2013
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219
Location
Lake Ozark, Mo
Wish we could be there today. But had to make a tough call, my sister's surprise 70th birthday party in Nebraska or see HB 436 pass....my wife said I had to go to the birthday party. Enjoy the day.:)
 
HighValueWarrior

HighValueWarrior

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May 5, 2013
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USA
I have had a tab open in my browser all day long, must have refreshed this thread looking for news at least a 200 times.
Hopefully tomorrow.
 
HP995

HP995

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Dec 5, 2012
Messages
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MO, USA
Reading over the amendments again tonight to celebrate! Some interesting sections:

HA2:3(2) In any jurisdiction in which open carry of firearms is prohibited by ordinance, open carry of a firearm shall not be prohibited in accordance with the following:
Click to expand...

This affects everywhere, but one place I'm anticipating in particular is parks. Parks are one of the biggies for restricted areas in jurisdictions, and they are enjoyable places to be. That would also make parks a possible venue for OC meetings. Good for the family reunions too.

HA2:3(2)(d) In the absence of any reasonable and articular suspicion of criminal activity, no person carrying a concealed or unconcealed handgun shall be disarmed or physically restrained by a law enforcement officer unless under arrest;
Click to expand...

The "concealed or unconcealed" part is a nice bonus. That should help discourage illegal searches and confiscation all-around.

Besides the intended purpose of (d), I wonder if it could also discourage the habit of temporarily holding weapons during traffic stops? If so, good side effect! Technically it might only apply to restricted jurisdictions, though, due to the structure of the bill.

HA3:571.011. 1. No person or entity shall publish the name, address, or other identifying information of any individual who owns a firearm or who is an applicant for or holder of any license, certificate, permit, or endorsement which allows such individual to own, acquire, possess, or carry a firearm.
Click to expand...

This amendment serves a good purpose but the wording doesn't seem to limit the context to the intended purpose. If Fred publishes a pro-2A newsletter and writes about AR-15 giveaway winner Judy Smith or CCW activist Sam Johnson, technically a name has been published of a gun owner or permit holder in a context that connects the two. Other examples: a gun owners organization lists its board of directors on a web site, or a news report in the local paper about a homeowner or shopkeeper who uses a firearm to scare away an intruder.

HA3:571.012. 1. No health care professional licensed in this state shall be required by law to: (1) Inquire as to whether a patient owns a firearm ... Nothing in this section shall be construed as prohibiting or otherwise restricting a health care professional from inquiring, documenting, or otherwise disclosing a patient's status as an owner of a firearm if such inquiry, documentation, or disclosure is necessitated or medically indicated by the health care professional's scope of practice and such inquiry, documentation, or disclosure does not violate any other state or federal law.
Click to expand...

It's too soft to defend patients from questions, but at least it gives us something to reference. I'm definitely going to mention this statute by number if asked "the question" by med staff, and hope it will discourage questions some of the time. (On the other hand it looks like it could help in the case of pro-2A medical staff who don't want to ask such questions from their employers, so we can encourage our med friends to try and utilize this, and hopefully cut back on us getting asked in the long run. I have a feeling we'll keep getting asked though.)

HA1: any person [twenty-one] nineteen years of age
Click to expand...

This helps more people for car-carry that doesn't require CCW, as well as making CCW available to more people.

(The main Act itself, nullification aspect)
Click to expand...

This is the biggie, far-reaching enough to need some time (or a guide by someone who's taken the time) contemplating all the effects and possibilities, which I'm sure we can wait until everything is neatly signed into law to fully discuss, but it is certainly food for thought and I will be interested in hearing more about it later from the bill advocates and other analysts! :)
 
HP995

HP995

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730
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MO, USA
HVW, are you abusin' your noggin on my account? Almost impossible to believe, but I don't see anyone else here.

This bill will be law soon and I reread it accordingly, to celebrate and to carefully consider details of how it will change things. The bill and amendments cover quite a bit of ground in different areas, it's an important piece of legislation, worth a good look. As the HA2 text was posted in this thread, I considered it the best place to follow up on it and other bits of the bill text. I wasn't critical of the 2A or OC portions of the bill...I read those again carefully but it's hard not to love 'em...I posted thanks and congrats on another thread...the bill text and its passing are public knowledge and I don't think the points I discussed are harmful to discuss...so I'm not quite clear on the problem.

Did my post upset you in some way? Looks painful on your end. Sorry for any mistakenly perceived offense. I think it's likely you've misread me, but in any case, I wish you well despite the rather rude gesture. Sometimes we have to respond generously. It's a good day for 2A, hope you can be happy today!
 
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