SECOND REGULAR SESSION
97TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES ELLINGTON (Sponsor), MIMS, PETERS AND DUNN (Co-sponsors).
6364L.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 571, RSMo, by adding thereto two new sections relating to firearms, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 571, RSMo, is amended by adding thereto two new sections, to be known as sections 571.058 and 571.098, to read as follows:
571.058. 1. No sale or transfer of a firearm shall occur in this state unless a national and state criminal record review for the prospective purchaser or transferee has been conducted in accordance with this section, and such review indicates no felony convictions for the prospective purchaser or transferee. The person selling or transferring a firearm shall keep a written bill of sale or written documentation of the transfer of such firearm for five years after the sale or transfer of the firearm.
2. The department of public safety shall establish a procedure for accepting applications for and conducting national and state criminal record reviews for persons selling or transferring a firearm to another individual. Such procedure may be in accordance with section 43.540, but shall include:
(1) An inquiry of the National Instant Criminal Background Check System;
(2) Notification of the requester of the results of the background check as to whether it includes any felony convictions under the laws of this state or for a crime under the laws of any other state or the United States which, if committed in this state, would be a felony; and
(3) Payment of a reasonable fee for conducting such national and state criminal record review.
3. The department shall promulgate rules to implement the provisions of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2014, shall be invalid and void.
4. Any person who violates the provisions of this section is guilty of a class A misdemeanor and shall be civilly liable for any damages resulting from the use of any firearm sold or transferred in violation of this section.
571.098. 1. Any owner of a firearm who knows or should have known that the owner's firearm has been lost or stolen shall report the loss or theft of such firearm within seventy-two hours of becoming aware, or when the owner should have become aware, of the loss or theft of such firearm to the local law enforcement agency in the city, town, or village, or sheriff's office in the county in which the loss or theft occurs.
2. Any owner of a firearm who violates the provisions of this section is guilty of an infraction. Any second or subsequent violation of this section is a class A misdemeanor.
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