HB 3195

                                 SECOND REGULAR SESSION
                    HOUSE BILL NO. 3195
                           103RD GENERAL ASSEMBLY
                           INTRODUCED BY REPRESENTATIVE YOUNG.
 6346H.01I  JOSEPH ENGLER, Chief Clerk
                                            AN ACT
 To amend chapter 571, RSMo, by adding thereto two new sections relating to the sale and
       transfer of firearms, with penalty provisions.
 Be it enacted by the General Assembly of the state of Missouri, as follows:
         Section A. Chapter 571, RSMo, is amended by adding thereto two new sections, to be
2 known as sections 571.200 and 571.202, to read as follows:
         571.200. As used in this section and section 571.202, the following terms mean:
2(1) "Law enforcement officer", any individual employed by the United States or
3 by a state, county, city, municipality, village, township, or other political subdivision as a
4 police officer or peace officer or in a similar position that involves the enforcement of
5 the law and protection of the public interest;
6(2) "Licensed dealer", a person who has a valid federal firearms dealer license
7 and all additional licenses required by state or local law to engage in the business of
8 selling or transferring firearms;
9(3) "Person", any individual, corporation, company, association, firm,
10 partnership, club, organization, society, joint stock company, or other entity.
         571.202. 1. No person shall sell or otherwise transfer a firearm, including
2 through online interactions, unless:
3(1) Such person is a licensed dealer;
4(2) The purchaser or transferee is a licensed dealer; or
5(3) The sale or transfer satisfies the requirements of subsection 2 or 3 of this
6 section.
 EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
 intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.
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72. If neither party to a firearms transaction is a licensed dealer, the parties may
8 have a licensed dealer facilitate the sale or transfer. A licensed dealer shall process the
9 sale or other transfer as if the licensed dealer is the seller or transferor. The licensed
10 dealer shall comply with all requirements of federal, state, and local law that would
11 apply if the licensed dealer were the seller or transferor of the firearm. The licensed
12 dealer shall conduct a background check on the purchaser or transferee in accordance
13 with 18 U.S.C. Section 922(t) and other state and local law and, if the transaction is not
14 prohibited, deliver the firearm to the purchaser or transferee after all legal
15 requirements are satisfied. The licensed dealer may require the purchaser or
16 transferee to:
17(1) For administrative costs incurred by the licensed dealer, pay a fee up to, but
18 not to exceed:
19(a) Thirty-five dollars for each transaction involving the transfer of only one
20 firearm; and
21(b) Fifty dollars for each transaction involving the transfer of multiple firearms;
22 and
23(2) Pay other fees pursuant to federal, state, and local law.
243. A trustee, under the authority of a trust, or a personal representative,
25 executor, or administrator of an estate shall, before transferring any firearm to an heir
26 or devisee, have a licensed dealer facilitate the sale or transfer through the process
27 described under subsection 2 of this section. If the transaction is prohibited, the heir or
28 devisee may:
29(1) Transfer ownership of the firearm to a specific individual, provided the
30 transfer to that individual is not prohibited by the process described under subsection 2
31 of this section;
32(2) Sell the firearm to a licensed dealer; or
33(3) Request that a licensed dealer sell the firearm on behalf of the heir or devisee
34 and receive the proceeds of the sale, minus any fee.
354. Notwithstanding any provision of law to the contrary, neither the state nor a
36 political subdivision thereof shall require any licensed dealer to disclose transactions
37 conducted under the provisions of subsection 2 or 3 of this section. All records shall be
38 maintained by the licensed dealer in accordance with federal law.
395. The provisions of subsections 1 and 2 of this section shall not apply to:
40(1) Any law enforcement or corrections agency or law enforcement or
41 corrections officer acting within the course and scope of his or her employment or
42 official duties;
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43(2) A United States Marshal, a member of the Armed Forces of the United States
44 or the National Guard, or a federal official transferring or receiving a firearm as
45 required in the operation of his or her official duties;
46(3) A gunsmith who receives a firearm solely for the purposes of service or
47 repair or the return of the firearm to its owner by the gunsmith;
48(4) A common carrier, warehouseman, or other person engaged in the business
49 of transportation or storage, to the extent that the receipt of any firearm is in the
50 ordinary course of business and not for the personal use of any such person; or
51(5) A person who transfers a firearm to a relative who is related within the first
52 degree by consanguinity or affinity.
536. A violation of a provision of this section is a class B misdemeanor. Each day a
54 violation of this section is committed or continued shall be considered a separate
55 violation and punished accordingly.
567. In addition to any other penalty or remedy, the investigating law enforcement
57 agency shall report any violation of this section committed by a licensed dealer to the
58 attorney general, who shall report the violation to the Bureau of Alcohol, Tobacco,
59 Firearms and Explosives within the United States Department of Justice.
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