SCS/HCS/HB 436 - This act modifies provisions relating to firearms. SECOND AMENDMENT PRESERVATION ACT - Section 1.320
This act lists various declarations of the Missouri General Assembly regarding the United States Constitution and the scope of the federal government's authority. In addition, this act declares that federal supremacy does not apply to federal laws that restrict or prohibit the manufacture, ownership, and use of firearms, firearm accessories, or ammunition within the state because such laws exceed the scope of the federal government's authority. Laws necessary for the regulation of the land and the United States Armed Forces are excluded from the types of federal firearms laws that exceed federal authority. This act also declares that the General Assembly strongly promotes responsible gun ownership and condemns unlawful transfers of firearms and the use of a firearm in criminal or unlawful activity.
This act declares as invalid all federal laws that infringe on the right to bear arms under the Second Amendment to the U.S. Constitution and Article I, Section 23 of the Missouri Constitution. Some laws declared invalid under this act include the Gun Control Acts of 1934 and 1968, certain taxes, certain registration and tracking laws, certain prohibitions on the possession, ownership, use, or transfer of a specific type of firearm, and confiscation orders.
This act declares that it is the duty of the courts and law enforcement agencies to protect the rights of law-abiding citizens to keep and bear arms.
Under this act, no public officer or state employee has the authority to enforce firearms laws declared invalid by the act. Any federal official, agent or employee who enforces any of the laws declared invalid under the act is guilty of a Class A misdemeanor.
Any Missourian who has been subject to an enforcement action involving any of the laws declared invalid by this act has a private cause of action for declaratory judgment and damages against any person or entity attempting to enforce the law.
This provision is substantially similar to SB 325 (2013).
OPEN CARRY ORDINANCES - Section 21.750
This act provides that the open carrying of a firearm by a political subdivision may not be prohibited for any person with a valid concealed carry endorsement in his or her possession who presents such endorsement upon the demand of a law enforcement officer and the firearm is more than 16 inches in length. In addition, no person carrying a concealed or unconcealed handgun may be disarmed or physically restrained by a law enforcement officer unless under arrest or if there is no reasonable and articulable suspicion of criminal activity. Any person who violates these provisions may be issued a citation for up to $35.
SCHOOL PROTECTION OFFICERS - Sections 160.665, 571.107, 590.010 to 590.207
This act allows a school district to designate one or more school teachers or administrators as a school protection officer. School protection officers must carry a firearm on his or her person at all times while on school property or be guilty of a Class A misdemeanor and subject to immediate removal from the classroom and employment termination proceedings.
School protection officers may detain any person the officer sees or has reasonable grounds to believe has violated any law or school policy. A school protection officer must turn a detained person over to law enforcement for a violation of law or to school administration for a violation of policy as soon as practicable, and no longer than four hours.
Those seeking to be designated as school protection officers must make a request in writing to the superintendent of the school district along with proof of ownership of a valid concealed carry endorsement and a certificate of completion of a school protection officer training program.
The school district must notify the director of the Department of Public Safety of the designation of any school protection officer. The department must make a list of all school protection officers available to all law enforcement agencies.
This act requires the Peace Officer Standards and Training Commission to establish standards and curriculum for training of school protection officers. The director of the Department of Public Safety must develop, and make available to all school districts, a list of approved school protection officer training instructors, centers, and programs.
In order to attend a school protection officer training program, a person must submit to a criminal history background check and prove he or she has a valid concealed carry endorsement.
Any school employee who discloses identifying information about a school protection officer to anyone other than the director of the Department of Public Safety is guilty of a class B misdemeanor and subject to employment termination proceedings.
PUBLISHING NAMES OF FIREARM OWNERS - Section 571.011
This act makes it a Class A misdemeanor to publish the name, address, or other identifying information of any firearm owner or applicant for, or holder of, a license, certificate, permit, or endorsement to own, acquire, possess, or carry a firearm.
HEALTH CARE PROFESSIONALS AND FIREARMS - Section 571.012
This act specifies that no licensed health care professional may be required by law to ask a patient whether he or she owns a firearm, document firearm ownership in a patient's medical records, or notify any governmental entity of the identity of a patient based solely on the patient's status as a firearm owner.
LOWERING THE AGE FOR CONCEALED CARRY TO 19 - Sections 571.030, 571.101, & 571.117
Under current law, a person, who is not a member of the United States Armed Forces or honorably discharged from the armed forces, must be at least 21 years of age, in order to qualify for a concealed carry endorsement. This act lowers the age to at least 19 years of age.
GUN BUY-BACK PROGRAMS - Section 571.067
This act prohibits a county, municipality, or other governmental body, or agent of one of the above, from participating in a program in which individuals are given a thing of value in exchange for surrendering a firearm unless the county, municipality or governmental body adopts an ordinance providing that any firearm received will be offered for sale or trade to a licensed firearms dealer.
The proceeds from the sale must be deposited with the county, municipality, or governmental body unless the proceeds are collected by a sheriff, in which case they must be deposited in the County Sheriff's Revolving Fund.
If the firearm is not sold or traded after being offered to at least two licensed firearms dealers, then the county, municipality, or governmental body may destroy the firearm.
This provision is identical to SB 352 (2013) and a provision of the truly agreed to and finally passed SCS/HB 533 (2013).
MEGHAN LUECKE