HB0060 Bland, Mary

P R E F I L E D

HB 60 -- Regulation of Firearms Offenses

The bill amends the law on firearms. In its main provisions it:

(1) Permits St. Louis City, St. Louis County, and Jackson County to establish orders and ordinances relating to the regulation, sale, purchase, transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permit, registration, or taxation of firearms, components, ammunition and supplies as long as the orders or ordinances are more strict than state law, provide for higher monetary fines than state law, or longer periods of imprisonment than state law;

(2) Changes the procedure a sheriff must follow when investigating an application for a permit to acquire a concealable firearm. The sheriff must require that the applicant display a Missouri operator's license or other suitable photographic identification. The waiting period for issuing a permit is increased from 7 to 15 days. During the 15 day waiting period, the sheriff will conduct a background check with the Missouri Highway Patrol regarding criminal activity, misdemeanors, or violations of local orders or ordinances which involve violence or the threat of violence. Permits must be denied if such activity is discovered;

(3) Makes it a Class D felony to store or keep any loaded firearm on any premises under the control of the person if the person knows or reasonably should know that a person less than 18 years old is likely to gain access to the loaded firearm and the person less than 18 years old obtains the firearm and causes the death or injury of a person. A person does not violate this provision if the person keeps the firearm in a securely locked box or container or keeps the firearm unloaded with ammunition stored in another location. Violation does not occur if a person under 18 years old obtains a firearm through an unlawful entry to the premises;

(4) Directs every person, firm, or corporation which engages in the retail sale of any firearm to display a written warning stating that unlawful storage of a loaded firearm may result in imprisonment or a fine;

(5) Directs the Department of Health to develop curriculum guides for local and regional boards of education to help develop firearm safety and awareness programs for public school students in grades kindergarten through twelve;

(6) Creates the Class D felony of unlawfully providing a concealable firearm to a person less than 18 years old. A person commits this crime if he or she intentionally, knowingly or recklessly provides, sells, leases, loans, exchanges or otherwise transfers a concealable weapon with or without remuneration to any person less than 18 years of age;

A parent or guardian commits the crime of unlawfully permitting a child less than 18 years of age to possess a concealable firearm if he or she intentionally, knowingly or recklessly provides, sells, leases, loans, exchanges or otherwise transfers a concealable firearm to a person who is less than 18 years of age or permits such person to possess a concealable firearm, even though such parent or guardian is aware of a substantial risk that such person will use a concealable firearm to commit a felony offense, or who being aware of such a substantial risk, fails to make reasonable efforts to prevent the commission of the offense.

If a person provides a firearm to a person less than 18 years of age for any of the following reasons, he or she will be exempt from criminal liability:

(a) Attendance at a hunter's or firearm safety course;

(b) Using the firearm for target shooting at an established range or any area where the discharge of a firearm is not prohibited;

(c) Organized competition involving the use of a firearm or participation or practicing for a performance by an organized group;

(d) Hunting or trapping pursuant to a valid license issued to the person in possession of the firearm; and

(e) Traveling to or from any organized competition, safety course, or authorized shooting range.

Unlawfully providing a concealable firearm to a person less than 18 years of age and unlawfully permitting a child less than 18 years of age to possess a concealable firearm do not apply to persons under 18 years of age who are on the real property of and under the control of a parent, guardian, or grandparent of such person and the person less than 18 years of age has the permission of the parent, guardian, or grandparent to possess the firearm; and

(7) Directs the Department of Public Safety to develop a basic firearms safety training course, the course's content, and the course's instructional materials. The department must make the instructional materials available to persons who engage in the commercial transfer of firearms who must make them available to any person. The department will certify a basic firearms safety instructor. The bill directs the Department to develop an objective test on basic firearms safety training and a certificate for those who are certified to be instructors. The department is permitted to contract with local law enforcement agencies to provide the course and testing and to establish a minimum fee to be paid by persons certified as firearms safety instructors.