SB 955

SECOND REGULAR SESSION
  SENATE BILL NO. 955
  103RD GENERAL ASSEMBLY
  INTRODUCED BY SENATOR BEAN.
5579S.01I  KRISTINA MARTIN, Secretary
  AN ACT
To repeal sections 1.410, 1.420, 1.430, 1.440, 1.450, 1.460, 1.470, 1.480, and 1.485, RSMo, and
  to enact in lieu thereof four new sections relating to firearms.
Be it enacted by the General Assembly of the State of Missouri, as follows:
1Section A.  Sections 1.410, 1.420, 1.430, 1.440, 1.450,
2  1.460, 1.470, 1.480, and 1.485, RSMo, are repealed and four new
3  sections enacted in lieu thereof, to be known as sections 1.451,
4  1.461, 1.481, and 1.484, to read as follows:
11.451.        No public officer or employee of this state or
2  any political subdivision of this state shall have the
3  authority to knowingly violate a law-abiding citizen's legal
4  rights regarding firearms, firearm accessories, or
5  ammunition.  Nothing in sections 1.451 to 1.484 shall be
6  construed to prohibit Missouri officials from accepting aid
7  from federal officials or rendering aid to federal
8  officials.  Nothing in sections 1.451 to 1.484 shall
9  prohibit law enforcement from working on federal task forces.
11.461.        1. Any political subdivision or law
2  enforcement agency that employs a law enforcement officer
3  who acts knowingly, as defined under section 562.016, to
4  violate the provisions of section 1.451 or otherwise
5  knowingly deprives a law-abiding citizen of Missouri of the
6  rights or privileges ensured by the Second Amendment of the
7  Constitution of the United States or Article I, Section 23
EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
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8 of the Constitution of Missouri while acting under the color
9 of any state or federal law shall investigate such employee
10 for potential discipline up to and including termination of
11 employment.
122.   The attorney general or the prosecuting attorney of
13 the county in the jurisdiction where an individual has taken
14 action violating the provisions of this section shall have
15 standing to pursue an action for injunctive or other
16 equitable relief in the circuit court of the county in which
17 the action allegedly occurred.       The court shall hold a
18 hearing on the motion for a temporary restraining order and
19 preliminary injunction within thirty days of service of the
20 petition.
11.481.   For sections 1.451 to 1.461, the term "law-
2 abiding citizen" shall mean a person who is eighteen years
3 of age or older, not under arrest or in the process of being
4 investigated for being arrested or charged with a crime,
5 where valid probable cause exists, a person who is not a
6 danger to self or others, and is not otherwise precluded
7 under state law from possessing a firearm, but shall not be
8 construed to include anyone who is not legally present in
9 the United States or the state of Missouri.
11.484.   It shall not be considered a violation of
2 sections 1.451 or 1.461 to provide material aid to federal
3 authorities in the investigation, arrest, detention, or
4 prosecution of any case in which there is reasonable
5 suspicion to believe that the suspect or suspects engaged in
6 criminal conduct.
1[1.410. 1. Sections 1.410 to 1.485 shall
2      be known and may be cited as the "Second
3      Amendment Preservation Act".
42. The general assembly finds and declares
5      that:
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6(1) The general assembly of the state of
7      Missouri is firmly resolved to support and
8      defend the Constitution of the United States
9      against every aggression, whether foreign or
10      domestic, and is duty-bound to oppose every
11      infraction of those principles that constitute
12      the basis of the union of the states because
13      only a faithful observance of those principles
14      can secure the union's existence and the public
15      happiness;
16(2) Acting through the Constitution of the
17      United States, the people of the several states
18      created the federal government to be their agent
19      in the exercise of a few defined powers, while
20      reserving for the state governments the power to
21      legislate on matters concerning the lives,
22      liberties, and properties of citizens in the
23      ordinary course of affairs;
24(3) The limitation of the federal
25      government's power is affirmed under Amendment X
26      of the Constitution of the United States, which
27      defines the total scope of federal powers as
28      being those that have been delegated by the
29      people of the several states to the federal
30      government and all powers not delegated to the
31      federal government in the Constitution of the
32      United States are reserved to the states
33      respectively or the people themselves;
34(4) If the federal government assumes
35      powers that the people did not grant it in the
36      Constitution of the United States, its acts are
37      unauthoritative, void, and of no force;
38(5) The several states of the United
39      States respect the proper role of the federal
40      government but reject the proposition that such
41      respect requires unlimited submission. If the
42      federal government, created by a compact among
43      the states, were the exclusive or final judge of
44      the extent of the powers granted to it by the
45      states through the Constitution of the United
46      States, the federal government's discretion, and
47      not the Constitution of the United States, would
48      necessarily become the measure of those powers.
49      To the contrary, as in all other cases of
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50      compacts among powers having no common judge,
51      each party has an equal right to judge for
52      itself as to whether infractions of the compact
53      have occurred, as well as to determine the mode
54      and measure of redress. Although the several
55      states have granted supremacy to laws and
56      treaties made under the powers granted in the
57      Constitution of the United States, such
58      supremacy does not extend to various federal
59      statutes, executive orders, administrative
60      orders, court orders, rules, regulations, or
61      other actions that collect data or restrict or
62      prohibit the manufacture, ownership, or use of
63      firearms, firearm accessories, or ammunition
64      exclusively within the borders of Missouri; such
65      statutes, executive orders, administrative
66      orders, court orders, rules, regulations, and
67      other actions exceed the powers granted to the
68      federal government except to the extent they are
69      necessary and proper for governing and
70      regulating the United States Armed Forces or for
71      organizing, arming, and disciplining militia
72      forces actively employed in the service of the
73      United States Armed Forces;
74(6) The people of the several states have
75      given Congress the power "to regulate commerce
76      with foreign nations, and among the several
77      states", but "regulating commerce" does not
78      include the power to limit citizens' right to
79      keep and bear arms in defense of their families,
80      neighbors, persons, or property nor to dictate
81      what sorts of arms and accessories law-abiding
82      Missourians may buy, sell, exchange, or
83      otherwise possess within the borders of this
84      state;
85(7) The people of the several states have
86      also granted Congress the powers "to lay and
87      collect taxes, duties, imports, and excises, to
88      pay the debts, and provide for the common
89      defense and general welfare of the United
90      States" and "to make all laws which shall be
91      necessary and proper for carrying into execution
92      the powers vested by the Constitution of the
93      United States in the government of the United
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94      States, or in any department or office
95      thereof". These constitutional provisions
96      merely identify the means by which the federal
97      government may execute its limited powers and
98      shall not be construed to grant unlimited power
99      because to do so would be to destroy the
100      carefully constructed equilibrium between the
101      federal and state governments. Consequently,
102      the general assembly rejects any claim that the
103      taxing and spending powers of Congress may be
104      used to diminish in any way the right of the
105      people to keep and bear arms;
106(8) The general assembly finds that the
107      federal excise tax rate on arms and ammunition
108      in effect prior to January 1, 2021, which funds
109      programs under the Wildlife Restoration Act,
110      does not have a chilling effect on the purchase
111      or ownership of such arms and ammunition;
112(9) The people of Missouri have vested the
113      general assembly with the authority to regulate
114      the manufacture, possession, exchange, and use
115      of firearms within the borders of this state,
116      subject only to the limits imposed by Amendment
117      II of the Constitution of the United States and
118      the Constitution of Missouri; and
119(10) The general assembly of the state of
120      Missouri strongly promotes responsible gun
121      ownership, including parental supervision of
122      minors in the proper use, storage, and ownership
123      of all firearms; the prompt reporting of stolen
124      firearms; and the proper enforcement of all
125      state gun laws. The general assembly of the
126      state of Missouri hereby condemns any unlawful
127      transfer of firearms and the use of any firearm
128      in any criminal or unlawful activity.]
1[1.420. The following federal acts, laws,
2executive orders, administrative orders, rules,
3and regulations shall be considered
4infringements on the people's right to keep and
5bear arms, as guaranteed by Amendment II of the
6Constitution of the United States and Article I,
7Section 23 of the Constitution of Missouri,
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8      within the borders of this state including, but
9      not limited to:
10(1) Any tax, levy, fee, or stamp imposed
11      on firearms, firearm accessories, or ammunition
12      not common to all other goods and services and
13      that might reasonably be expected to create a
14      chilling effect on the purchase or ownership of
15      those items by law-abiding citizens;
16(2) Any registration or tracking of
17      firearms, firearm accessories, or ammunition;
18(3) Any registration or tracking of the
19      ownership of firearms, firearm accessories, or
20      ammunition;
21(4) Any act forbidding the possession,
22      ownership, use, or transfer of a firearm,
23      firearm accessory, or ammunition by law-abiding
24      citizens; and
25(5) Any act ordering the confiscation of
26      firearms, firearm accessories, or ammunition
27      from law-abiding citizens.]
1[1.430. All federal acts, laws, executive
2      orders, administrative orders, rules, and
3      regulations, regardless of whether they were
4      enacted before or after the provisions of
5      sections 1.410 to 1.485, that infringe on the
6      people's right to keep and bear arms as
7      guaranteed by the Second Amendment to the
8      Constitution of the United States and Article I,
9      Section 23 of the Constitution of Missouri shall
10      be invalid to this state, shall not be
11      recognized by this state, shall be specifically
12      rejected by this state, and shall not be
13      enforced by this state.]
1[1.440. It shall be the duty of the courts
2and law enforcement agencies of this state to
3protect the rights of law-abiding citizens to
4keep and bear arms within the borders of this
5state and to protect these rights from the
6infringements defined under section 1.420.]
1[1.450. No entity or person, including any
2public officer or employee of this state or any
3political subdivision of this state, shall have
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4      the authority to enforce or attempt to enforce
5      any federal acts, laws, executive orders,
6      administrative orders, rules, regulations,
7      statutes, or ordinances infringing on the right
8      to keep and bear arms as described under section
9      1.420. Nothing in sections 1.410 to 1.480 shall
10      be construed to prohibit Missouri officials from
11      accepting aid from federal officials in an
12      effort to enforce Missouri laws.]
1[1.460. 1. Any political subdivision or
2      law enforcement agency that employs a law
3      enforcement officer who acts knowingly, as
4      defined under section 562.016, to violate the
5      provisions of section 1.450 or otherwise
6      knowingly deprives a citizen of Missouri of the
7      rights or privileges ensured by Amendment II of
8      the Constitution of the United States or Article
9      I, Section 23 of the Constitution of Missouri
10      while acting under the color of any state or
11      federal law shall be liable to the injured party
12      in an action at law, suit in equity, or other
13      proper proceeding for redress, and subject to a
14      civil penalty of fifty thousand dollars per
15      occurrence. Any person injured under this
16      section shall have standing to pursue an action
17      for injunctive relief in the circuit court of
18      the county in which the action allegedly
19      occurred or in the circuit court of Cole County
20      with respect to the actions of such individual.
21      The court shall hold a hearing on the motion for
22      temporary restraining order and preliminary
23      injunction within thirty days of service of the
24      petition.
252. In such actions, the court may award
26      the prevailing party, other than the state of
27      Missouri or any political subdivision of the
28      state, reasonable attorney's fees and costs.
293. Sovereign immunity shall not be an
30      affirmative defense in any action pursuant to
31      this section.]
1[1.470. 1. Any political subdivision or
2law enforcement agency that knowingly employs an
3individual acting or who previously acted as an
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4      official, agent, employee, or deputy of the
5      government of the United States, or otherwise
6      acted under the color of federal law within the
7      borders of this state, who has knowingly, as
8      defined under section 562.016, after the
9      adoption of this section:
10(1) Enforced or attempted to enforce any
11      of the infringements identified in section
12      1.420; or
13(2) Given material aid and support to the
14      efforts of another who enforces or attempts to
15      enforce any of the infringements identified in
16      section 1.420;
17      shall be subject to a civil penalty of fifty
18      thousand dollars per employee hired by the
19      political subdivision or law enforcement
20      agency. Any person residing in a jurisdiction
21      who believes that an individual has taken action
22      that would violate the provisions of this
23      section shall have standing to pursue an action.
242. Any person residing or conducting
25      business in a jurisdiction who believes that an
26      individual has taken action that would violate
27      the provisions of this section shall have
28      standing to pursue an action for injunctive
29      relief in the circuit court of the county in
30      which the action allegedly occurred or in the
31      circuit court of Cole County with respect to the
32      actions of such individual. The court shall
33      hold a hearing on the motion for a temporary
34      restraining order and preliminary injunction
35      within thirty days of service of the petition.
363. In such actions, the court may award
37      the prevailing party, other than the state of
38      Missouri or any political subdivision of the
39      state, reasonable attorney's fees and costs.
404. Sovereign immunity shall not be an
41      affirmative defense in any action pursuant to
42      this section.]
1[1.480. 1. For sections 1.410 to 1.485,
2the term "law-abiding citizen" shall mean a
3person who is not otherwise precluded under
4state law from possessing a firearm and shall
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5      not be construed to include anyone who is not
6      legally present in the United States or the
7      state of Missouri.
82. For the purposes of sections 1.410 to
9      1.480, "material aid and support" shall include
10      voluntarily giving or allowing others to make
11      use of lodging; communications equipment or
12      services, including social media accounts;
13      facilities; weapons; personnel; transportation;
14      clothing; or other physical assets. Material
15      aid and support shall not include giving or
16      allowing the use of medicine or other materials
17      necessary to treat physical injuries, nor shall
18      the term include any assistance provided to help
19      persons escape a serious, present risk of life-
20      threatening injury.
213. It shall not be considered a violation
22      of sections 1.410 to 1.480 to provide material
23      aid to federal officials who are in pursuit of a
24      suspect when there is a demonstrable criminal
25      nexus with another state or country and such
26      suspect is either not a citizen of this state or
27      is not present in this state.
284. It shall not be considered a violation
29      of sections 1.410 to 1.480 to provide material
30      aid to federal prosecution for:
31(1) Felony crimes against a person when
32      such prosecution includes weapons violations
33      substantially similar to those found in chapter
34      570 or 571 so long as such weapons violations
35      are merely ancillary to such prosecution; or
36(2) Class A or class B felony violations
37      substantially similar to those found in chapter
38      579 when such prosecution includes weapons
39      violations substantially similar to those found
40      in chapter 570 or 571 so long as such weapons
41      violations are merely ancillary to such
42      prosecution.
435. The provisions of sections 1.410 to
44      1.485 shall be applicable to offenses occurring
45      on or after August 28, 2021.]
1[1.485. If any provision of sections 1.410
2to 1.485 or the application thereof to any
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3      person or circumstance is held invalid, such
4      determination shall not affect the provisions or
5      applications of sections 1.410 to 1.485 that may
6      be given effect without the invalid provision or
7      application, and the provisions of sections
8      1.410 to 1.485 are severable.]
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