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Thread: Firearms Bill passes Missouri House

  1. #1
    Regular Member mspgunner's Avatar
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    Firearms Bill passes Missouri House

    See # 9 for OC information in this bill:

    Summary of the Perfected Version of the Bill

    HCS HB 294, 123, 125, 113, 271 & 215 -- FIREARMS (Riddle)

    COMMITTEE OF ORIGIN: Committee on General Laws

    This substitute changes the laws regarding firearms, ammunition,
    and concealed carry endorsements. In its main provisions, the
    substitute:

    (1) Prohibits the sales tax on any firearms or ammunition from
    being levied at a higher rate than for any sales tax or other
    excise tax charged on any sporting goods or equipment or any
    hunting equipment (Section 144.064, RSMo);

    (2) Allows a person to possess, manufacture, transport, repair,
    or sell a machine gun, short barreled rifle or shotgun, or
    firearm silencer if he or she conforms with federal law. A
    person will not commit a crime if he or she possesses,
    manufactures, transports, repairs, or sells an explosive weapon;
    explosive, incendiary, or poisonous substance or material; a gas
    gun; a switchblade knife; certain explosive bullets; or knuckles
    if he or she conforms with federal law. A person who possesses,
    manufactures, transports, repairs, or sells a machine gun, short
    barreled rifle or shotgun, or firearm silencer in violation of
    federal law will be guilty of a class C felony (Section 571.020);

    (3) Specifies that a person commits the crime of unlawful use of
    weapons if he or she knowingly possesses a firearm while also in
    possession of controlled substances that are sufficient for a
    felony violation under Section 195.202, unless the possession is
    reasonably associated with or is necessary to the fulfillment of
    the person's official duties; removes a requirement that some
    specified uses of a firearm will not be a crime when the use was
    reasonably associated with or necessary to the fulfillment of a
    person's official duties; exempts any federal probation officer
    or federal flight deck officer, whether on or off duty and
    whether within or outside of his or her agency's jurisdiction;
    and any member of a fire department, who is employed on a
    full-time basis as a fire investigator and has met the training
    requirements for a concealed carry endorsement from the crime of
    unlawful use of weapons. No person who pleads guilty to or is
    found guilty of a felony violation of the unlawful use of weapons
    can receive a suspended imposition of sentence if the person has
    previously received a suspended imposition of sentence for any
    other firearms or weapons related felony offense (Section
    571.030);

    (4) Creates the crime of fraudulent purchase of a firearm, a
    class D felony, if a person 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 federal or
    state laws; provides to a licensed dealer or private seller of
    firearms or ammunition what the person knows to be materially
    false information with the intent to deceive the dealer or seller
    about the legality of a transfer of a firearm or ammunition; or
    willfully procures another to violate these provisions (Section
    571.063);

    (5) Repeals non-penalty merchandising practices provisions, in
    Sections 407.500 and 407.505, which restrict the sale of rifles
    and shotguns by requiring purchasers or sellers to live in
    Missouri or a contiguous state and to conform to federal and
    state gun regulations. Currently, handguns are not subject to
    this merchandising practice regulation because all permit
    requirements for purchasing a handgun have been repealed. The
    substitute applies this practice to all types of firearms by
    allowing a Missouri resident or the resident of any state to
    purchase any firearm if he or she conforms to federal laws and
    the laws of the state in which he or she resides (Sections
    571.085 and 571.087);

    (6) Lowers the age at which a person can obtain a concealed
    carry endorsement from 23 to 21 years of age (Sections 571.101
    and 571.117);

    (7) Specifies that current provisions do not preclude a member
    of the General Assembly, a full-time or legislative employee of
    the General Assembly, or statewide elected officials and their
    employees who hold a valid concealed carry endorsement from
    carrying a concealed firearm in the State Capitol Building
    (Section 571.107);

    (8) Specifies that no political subdivision can 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 or within private property with the permission
    of the owner when conducted with reasonable care to prevent a
    projectile from crossing the property's boundary lines (Section
    1); and

    (9) Allows the Attorney General to establish a public web site
    that publishes the names of municipalities and counties who do
    not allow the open carry of firearms and allows these
    municipalities and counties to forward their ordinances to the
    Attorney General if they wish (Section 2).

    FISCAL NOTE: Estimated Net Effect on General Revenue Fund of a
    cost of Up to $17,940 in FY 2012, an income of $0 in FY 2013, and
    an income of $0 in FY 2014. No impact on Other State Funds in FY
    2012, FY 2013, and FY 2014.
    If you pull it, you use it. If you pull it and you don't use it, you've done some thing wrong and you might not get another chance. Think about it before you pack it!
    I worked 24/7 for 2A OC rights! Don't like what I did? Try it yourself, it was my full time job!
    Certified NRA Range Safety Officer - RSO

  2. #2
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    Quote Originally Posted by mspgunner View Post
    See # 9 for OC information in this bill:

    Summary of the Perfected Version of the Bill

    HCS HB 294, 123, 125, 113, 271 & 215 -- FIREARMS (Riddle)

    COMMITTEE OF ORIGIN: Committee on General Laws

    This substitute changes the laws regarding firearms, ammunition,
    and concealed carry endorsements. In its main provisions, the
    substitute:

    (1) Prohibits the sales tax on any firearms or ammunition from
    being levied at a higher rate than for any sales tax or other
    excise tax charged on any sporting goods or equipment or any
    hunting equipment (Section 144.064, RSMo);

    (2) Allows a person to possess, manufacture, transport, repair,
    or sell a machine gun, short barreled rifle or shotgun, or
    firearm silencer if he or she conforms with federal law. A
    person will not commit a crime if he or she possesses,
    manufactures, transports, repairs, or sells an explosive weapon;
    explosive, incendiary, or poisonous substance or material; a gas
    gun; a switchblade knife; certain explosive bullets; or knuckles
    if he or she conforms with federal law. A person who possesses,
    manufactures, transports, repairs, or sells a machine gun, short
    barreled rifle or shotgun, or firearm silencer in violation of
    federal law will be guilty of a class C felony (Section 571.020);

    (3) Specifies that a person commits the crime of unlawful use of
    weapons if he or she knowingly possesses a firearm while also in
    possession of controlled substances that are sufficient for a
    felony violation under Section 195.202, unless the possession is
    reasonably associated with or is necessary to the fulfillment of
    the person's official duties; removes a requirement that some
    specified uses of a firearm will not be a crime when the use was
    reasonably associated with or necessary to the fulfillment of a
    person's official duties; exempts any federal probation officer
    or federal flight deck officer, whether on or off duty and
    whether within or outside of his or her agency's jurisdiction;
    and any member of a fire department, who is employed on a
    full-time basis as a fire investigator and has met the training
    requirements for a concealed carry endorsement from the crime of
    unlawful use of weapons. No person who pleads guilty to or is
    found guilty of a felony violation of the unlawful use of weapons
    can receive a suspended imposition of sentence if the person has
    previously received a suspended imposition of sentence for any
    other firearms or weapons related felony offense (Section
    571.030);

    (4) Creates the crime of fraudulent purchase of a firearm, a
    class D felony, if a person 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 federal or
    state laws; provides to a licensed dealer or private seller of
    firearms or ammunition what the person knows to be materially
    false information with the intent to deceive the dealer or seller
    about the legality of a transfer of a firearm or ammunition; or
    willfully procures another to violate these provisions (Section
    571.063);

    (5) Repeals non-penalty merchandising practices provisions, in
    Sections 407.500 and 407.505, which restrict the sale of rifles
    and shotguns by requiring purchasers or sellers to live in
    Missouri or a contiguous state and to conform to federal and
    state gun regulations. Currently, handguns are not subject to
    this merchandising practice regulation because all permit
    requirements for purchasing a handgun have been repealed. The
    substitute applies this practice to all types of firearms by
    allowing a Missouri resident or the resident of any state to
    purchase any firearm if he or she conforms to federal laws and
    the laws of the state in which he or she resides (Sections
    571.085 and 571.087);

    (6) Lowers the age at which a person can obtain a concealed
    carry endorsement from 23 to 21 years of age (Sections 571.101
    and 571.117);

    (7) Specifies that current provisions do not preclude a member
    of the General Assembly, a full-time or legislative employee of
    the General Assembly, or statewide elected officials and their
    employees who hold a valid concealed carry endorsement from
    carrying a concealed firearm in the State Capitol Building
    (Section 571.107);

    (8) Specifies that no political subdivision can 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 or within private property with the permission
    of the owner when conducted with reasonable care to prevent a
    projectile from crossing the property's boundary lines (Section
    1); and

    (9) Allows the Attorney General to establish a public web site
    that publishes the names of municipalities and counties who do
    not allow the open carry of firearms and allows these
    municipalities and counties to forward their ordinances to the
    Attorney General if they wish (Section 2).

    FISCAL NOTE: Estimated Net Effect on General Revenue Fund of a
    cost of Up to $17,940 in FY 2012, an income of $0 in FY 2013, and
    an income of $0 in FY 2014. No impact on Other State Funds in FY
    2012, FY 2013, and FY 2014.
    Oddly enough, I proposed something very similar to #9 to my rep a few weeks ago. Instead of being permissive, I wanted it mandatory, with mandatory reporting requirements for the subdivisions. Oh well, I guess 1/2 a plum is better than no plum.

    PS I love the very precise cost information...

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    Am I mistaken or isn't there also a provision in one of those bills that says a local municipality cannot stop you from open carrying if you have a ccw? I thought it was in this one but I didn't see it.

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    Quote Originally Posted by Shooter64738 View Post
    Am I mistaken or isn't there also a provision in one of those bills that says a local municipality cannot stop you from open carrying if you have a ccw? I thought it was in this one but I didn't see it.
    That's in HB 841, it's a separate piece of legislation.

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    Quote Originally Posted by kcgunfan View Post
    Oddly enough, I proposed something very similar to #9 to my rep a few weeks ago. Instead of being permissive, I wanted it mandatory, with mandatory reporting requirements for the subdivisions. Oh well, I guess 1/2 a plum is better than no plum.

    PS I love the very precise cost information...
    I sent Rep. Jones (Majority Leader) a couple questions on this legislation tonight. He's been very responsive on other issues. My questions were:

    Why does this bill exempt a class of people from prosecution from Unlawful use of weapons whether on or off duty, or in or out of their agency's jurisdiction?

    #9 looks to be completely optional. What forces the Sec. of State to make the website, and what requires the subdivisions to submit their data? As it stands now, all it really looks to do is provide a false sense of security. You would still need to look up every subdivision should you decide to go somewhere.

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    a city says you cant oc?

    pull out this bill.
    "the AG says different" and soneone would be held responsible in court

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    Quote Originally Posted by kylemoul View Post
    a city says you cant oc?

    pull out this bill.
    "the AG says different" and soneone would be held responsible in court
    I hope I'm misunderstanding you here. If so, I apologize for what follows...

    First of all, you can pull out bills all day long, which will get you nothing. A bill is not a law, it's a bill. It still has to go through the Senate, and be signed by the Governor.

    Secondly, where does the AG say something different? This bill has nothing to do with the AG.

    Thirdly, I don't know anyone that believes that the state has preemption over cities/counties as it pertains to open carry. We all pretty much agree that RsMO 21.750.3 grants them exactly that right (cf. http://www.moga.mo.gov/statutes/c000-099/0210000750.htm )

    I'm hopeful that the HB 841 bill will remove that preemption for CCW endorsement holders, but I don't understand how. But in any event, that is a completely different bill than the one being discussed in this thread.

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    yea bill isnt a law. in my mind i was assuming down the road when it is a law.
    i think i was drunk when i wrote that so not sure what i ment lol...

    it just looks like if the cities foward the oc status and then you get arrested for carrying is XXX city, then XXX city says carrying is legal, who is held responsible for the content?

    the website would be public (i missed that part) but the content coming from the cities so i would think they would be responsible?

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    Quote Originally Posted by kylemoul View Post
    yea bill isnt a law. in my mind i was assuming down the road when it is a law.
    i think i was drunk when i wrote that so not sure what i ment lol...

    it just looks like if the cities foward the oc status and then you get arrested for carrying is XXX city, then XXX city says carrying is legal, who is held responsible for the content?

    the website would be public (i missed that part) but the content coming from the cities so i would think they would be responsible?
    Sounds like carrying a gun isn't the only thing you should do when drunk ;-)

    I'm talking with the House Asst. Majority Leader Riddle about this and HB 841. First, I'm trying to clarify if the website is mandatory for subdivisions to report in their OC status (which means we can rely on it) or if it's not mandatory (which means it's a waste of time.)

    Rep. Riddle also mentioned that HB 841 might get folded into this bill in the Senate, and that Sen. Brian Munzlinger ( http://www.senate.mo.gov/11info/members/mem18.htm ) will mostly likely be handling this bill in the Senate.

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    ha! i like my beer.

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