SB 890 - This act may be known as the "Gun Show Enforcement and Security Act".

This act creates the "Gun Show Enforcement and Security Act", which requires gun show producers to possess a certificate of eligibility from the Department of Public Safety in order to put on a gun show. The act requires gun show producers to complete the following:

State familiarity with this act;

Provide proof of at least one million dollars of liability insurance;

Provide the Department of Public Safety with a list of planned shows for the year;

Provide law enforcement with a list of people or entities participating in the show if requested before or during the event;

Submit an annual event and security plan to the Department of Public Safety and law enforcement, and in the event of modification of such plan, provide updated information;

Inform gun show vendors of the Gun Show Enforcement and Security Act's requirements and if the vendor refuses to comply, he/she cannot participate;

Create written contracts with gun show vendors that contain a provision affirming the parties knowledge of the Gun Show Enforcement and Security Act;

Post signs with notices of information to the attendees at the entrances of the show and the parking lot;

If a gun show producer does not comply with these requirements, the violation is a Class A misdemeanor unless it is a violation pertaining to posting signs, which is a Class B misdemeanor. Other violations of these sections are an infraction for the first offense and a Class B misdemeanor for subsequent violations. A wilful violation of these sections though is a Class A misdemeanor.

The act requires gun show or event vendors to certify in writing to they intend to comply with the requirements of this Act and other applicable laws, not engage in hate crimes, and ensure that the guns are unloaded or secured. Vendors must also provide background information on him/herself and employees to the gun show producer. The gun show producer must keep this information and make it available to law enforcement if requested.

The act requires ammunition to be stored in closed containers at gun shows. With limited exception, possession of a firearm and its accompanying ammunition at the same time is prohibited at gun show events. All firearms brought to the premises by the general public must be tagged and the tag contains information about the owner.

The act requires vendors and employees to wear name tags at the event and every person at the event to carry a identification card.

The act prohibits anyone under the age of 18 to attend the event without being accompanied by an adult (Sections 571.160-571.167).

BAN ON ASSAULT WEAPONS (Section 571.173) - This section of the Act bans the manufacturing and possession of assault weapons in the state of Missouri. The manufacturing, selling, and other transactions concerning certain weapons can be stopped for a period of time if the Attorney General brings an action in circuit court for a "declaration of temporary suspension". The court will then decide if the weapon should qualify as an "assault weapon" permanently, and if so, all activities concerning the assault weapon must cease. During such proceedings, the Attorney General must notify interested parties. Any interested manufacturer may intervene in the action in a timely manner. The Attorney General has the burden of proof to prove that a weapon should be deemed an "assault weapon" during the hearing.

The act requires the Attorney General to prepare a description of the stated assault weapons and distribute the material to law enforcement agencies. Also, the Attorney General must maintain a list of assault weapons to be published in the Missouri Code of Regulations.

Under this act, manufacturing, distributing, transporting, or importing an assault weapon into the state is a Class C felony. Manufacturers supplying groups such as law enforcement and state agencies are exempted from this prohibition.

Under the act, anyone possessing an assault weapon is guilty of a Class A misdemeanor unless he/she possessed it before the effective date or the date when the weapon was added to the assault weapons list. In such cases, a first- time violation is an infraction and the assault weapon is returned to the owner. If the court finds that the weapon is a threat to public safety, it may order the owner to destroy the assault weapon within 30 days. A failure to destroy the weapon is a Class A misdemeanor. Exceptions to the prohibition against possession of an assault weapon are made for various groups, such as law enforcement and state agencies.

FIREARM DEALER REGULATIONS (Section 571.180) - This section of the Act creates numerous regulations concerning firearm dealers such as:

Requiring a certificate of eligibility from the Department of Public Safety;

Prohibiting residential dealers;

Maintaining a list of current employees and conduct annual background check for employees of a firearm dealer to supply to law enforcement if requested;

Requiring dealers to have a burglar alarm connected to the police department;

Defining a firearm "dealer" & necessary requirements;

Requiring a 10 day wait period before delivering firearms;

Requiring firearms to be stored to be stored securely or unloaded;

Requiring firearms safety devices;

Prohibiting individuals from applying to purchase more than one firearm within a 30-day period;

A wilful violation of this section is a Class A misdemeanor and prohibits a dealer from receiving a certificate of eligibility for one year.

BALLISTIC FINGERPRINTING (Section 571.183) - This section of the Act requires firearm manufacturers to ship a container with a shell casing of a projectile discharged from the gun and other information needed to identify the gun and shell casing when transporting the gun for sale, rental, or transfer. Dealers must confirm to the Missouri State Highway Patrol that the manufacturer complied with the law. The container is forwarded to the Highway Patrol Crime Laboratory when the gun is sold. This section provides the Highway Patrol with a method to track guns that are later used in crimes and identify them accurately.

LOCKING DEVICES (Section 571.186) - This section of the Act makes it unlawful for manufacturers to distribute concealable firearms or assault weapons unless the firearm or assault weapon is equipped with a reusable child safety lock, firearm lock or other locking device. This portion of the Act is similar to Senate Bill 152 (2003).

CHILD ACCESS PROTECTION (Section 571.188) - This section of the Act creates the offense of "unlawfully permitting a child access to a firearm" by storing or leaving a loaded firearm within easy access of a child if the child intentionally discharges the firearm and inflicts injury or death. This section of the Act creates exceptions to the offense and a procedure to follow when a child is accidentally shot by another family member.
SUSAN HENDERSON