HOUSE BILL NO. 1683 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE WHALEY.
4404H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To amend chapter 1, RSMo, by adding thereto one new section relating to the anti-red flag gun seizure act, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 1, RSMo, is amended by adding thereto one new section, to be 2 known as section 1.486, to read as follows: 1.486. 1. This section shall be known and may be cited as the "Anti-Red Flag 2 Gun Seizure Act". 3 2. As used in this section, "red flag law" means: 4 (1) Any gun control law, order, or measure that directs the temporary or 5 permanent seizure of any firearm, firearm accessory, or ammunition of an individual, 6 except persons lawfully in custody or persons who have been released after the 7 execution of a bail bond after having been charged with a dangerous felony, as defined 8 in section 556.061; or 9 (2) Any federal statute, federal rule, federal executive order, or federal judicial 10 order or finding, or any state statute, state rule, state executive order, or state judicial 11 order or finding, that: 12 (a) Prohibits a Missouri resident from owning, possessing, transporting, 13 transferring, or receiving any firearm, firearm accessory, or ammunition, except 14 persons lawfully in custody or persons who have been released after the execution of a 15 bail bond after having been charged with a dangerous felony, as defined in section 16 556.061; or
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. HB 1683 2
17 (b) Orders the removal or requires the surrender of any firearm, firearm 18 accessory, or ammunition of an individual, except persons lawfully in custody or persons 19 who have been released after the execution of a bail bond after having been charged 20 with a dangerous felony, as defined in section 556.061. 21 3. Any federal order of protection, other judicial order issued by a federal court, 22 or federal executive order that is a red flag law or otherwise directs the confiscation of 23 any firearm, firearm accessory, or ammunition from any law-abiding citizen within the 24 borders of this state shall not be enforced in this state by any state agency, political 25 subdivision, or state or local law enforcement agency. 26 4. No state agency, political subdivision, or state or local law enforcement agency 27 shall receive any federal moneys for the purpose of enforcing any federal statute, federal 28 rule, federal executive order, or federal judicial order or findings, or for the purpose of 29 enforcing any state statute, state rule, state executive order, or state judicial order or 30 findings, that would have the effect of enforcing a red flag law against a Missouri 31 resident. 32 5. No state entity or employee thereof, political subdivision or employee thereof, 33 or other entity or person shall have the authority to enforce or attempt to enforce a red 34 flag law regardless of the red flag law's origin or the authority of the issuing entity. This 35 subsection shall not apply to any agent of the federal government enforcing a federal 36 law or federal order. 37 6. Nothing in this section shall be construed to prevent a firearm, firearm 38 accessory, or ammunition from being seized as evidence by law enforcement in the 39 course of an investigation. 40 7. (1) A political subdivision or state or local law enforcement agency that 41 employs a law enforcement officer who knowingly acts to violate this section and enforce 42 a red flag law under the color of any state or federal statute, rule, executive order, or 43 judicial order or finding shall be liable to the party against whom the red flag law was 44 enforced in an action at law, suit in equity, or other proper proceeding for redress and 45 shall be subject to a civil penalty of fifty thousand dollars per occurrence. 46 (2) Any person injured under this section shall have standing to pursue an action 47 for injunctive relief in the circuit court of the county in which the action allegedly 48 occurred or in the circuit court of Cole County. 49 (3) The court shall hold a hearing on any motion for a temporary restraining 50 order or preliminary injunction within thirty days of service of a petition for the same. 51 (4) In an action brought under this section by a party against whom the red flag 52 law was enforced, a court may order injunctive or other equitable relief, recovery of 53 damages, other legal remedies, and payment of reasonable attorney's fees, costs, and HB 1683 3
54 expenses of the party. The relief and remedies set forth in this section shall not be 55 deemed exclusive and shall be in addition to any other relief or remedies permitted by 56 law. The court may award the prevailing party, if not the state of Missouri or a political 57 subdivision thereof, reasonable attorney's fees and costs. 58 (5) Sovereign immunity shall not be an affirmative defense to any action brought 59 under this section. ✔
Statutes affected: