SB 543 - FIREARMS RESTRAINING ORDER (SECTION 455.010)This act creates a "firearms restraining order" which prohibits the custody, purchasing, possessing, or receiving of firearms by a person believed to pose a danger of causing injury to himself, herself, or another by use of a weapon.
FILING AND HEARING (SECTIONS 455.100, 455.103, & 455.106)
A law enforcement officer or a family or household member of a person believed to pose a danger of causing injury to himself, herself, or another by use of a weapon may file a petition with the court. Upon filing a petition for a firearms restraining order, the court will order a hearing within thirty days of the petition being filed. The petitioner shall not be charged court costs or filing fees or fees charged by a sheriff or other law enforcement agency for service of process. At the hearing the court must consider certain evidence as provided in the act. The petitioner must prove by clear and convincing evidence that the respondent is a danger by having or obtaining a firearm. A firearms restraining order is effective for six months unless terminated or renewed by the court.
Additionally, upon a finding of probable cause that the respondent possesses a firearm, the court will issue a search warrant for law enforcement to seize the respondent's firearm or firearms.
EMERGENCY FIREARMS RESTRAINING ORDER (SECTION 455.115)
If the respondent poses an immediate and present danger, the petitioner may file for an emergency firearms restraining order issued on an ex parte basis. An ex parte hearing shall be held on the same day the petition is filed or the next day that the court is in session. At the ex parte hearing, the court must find probable cause to believe that the respondent poses an immediate and present danger of causing injury by having or obtaining a firearm.
Upon the issuance of an emergency firearms restraining order, the court shall issue a warrant to seize any of the respondent's firearms. A full hearing shall be scheduled within fourteen days of the issuance to determine if a six month firearms restraining order will be issued.
SURRENDER OF FIREARMS BY RESPONDENT (SECTION 455.118)
An emergency firearms restraining order and a full firearms restraining order requires the respondent to refrain from purchasing, receiving, or possessing any firearms. Additionally, the respondent must turn over to a local law enforcement agency all firearms in his or her possession and his or her concealed carry permit to the issuing sheriff's office, if applicable.
The respondent may petition the court to have his or her firearms transferred to another person for the duration of the order. Upon the expiration of the firearm restraining order, if the firearms cannot be returned because the respondent cannot be located or fails to respond to requests to retrieve the firearms, the law enforcement agency in possession of the firearms may petition the court to destroy or use the firearms for other purposes.
PETITION FOR TERMINATION OF ORDER (SECTION 455.121)
At anytime during the six month period of a firearms restraining order, the respondent has one opportunity to petition the court to have the order terminated. The respondent must prove by a preponderance of the evidence that the respondent does not pose a danger of causing injury by possessing or obtaining a firearm.
RENEWAL OF ORDER (SECTION 455.124)
Within three months of the firearms restraining order expiring, the petitioner may petition the court for the order to be renewed for an additional six months. If the petitioner proves, by clear and convincing evidence, that the respondent continues to pose a danger of causing personal injury to himself, herself, or another by having a firearm, the court will renew the order.
MAINTAINING RECORD OF THE ORDER (SECTION 455.127 & 455.130)
The clerk of the court shall file all firearms restraining orders with the sheriff or other law enforcement official charged with serving the order upon the respondent. The clerk shall also issue a copy of the order to the Missouri State Highway Patrol who shall enter the information contained in the order into the Missouri Uniform Law Enforcement System.
RECIPROCITY (SECTION 455.133)
Any firearms restraining orders issued by another state, tribe, or territory shall be enforceable in the same manner as any firearms restraining order issued by a court in Missouri.
PENALTY (SECTION 455.136)
A person who violates a firearms restraining order is guilty of a Class A misdemeanor or a Class E felony for subsequent offenses committed within five years of the previous offense.
EXPUNGEMENT (SECTION 455.139)
If a court denies the issuance of a firearms restraining order, then the proceeding shall be immediately expunged from the court records. All firearms restraining orders granted shall be sealed three years after the expiration of the order.
This act is identical to SB 23 (2019).
MARY GRACE BRUNTRAGER