HOUSE BILL NO. 1730 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE COSTLOW.
3988H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 571.010 and 571.020, RSMo, and to enact in lieu thereof four new sections relating to firearm suppressors, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 571.010 and 571.020, RSMo, are repealed and four new sections 2 enacted in lieu thereof, to be known as sections 571.010, 571.020, 571.935, and 571.940, to 3 read as follows: 571.010. As used in this chapter, the following terms shall mean: 2 (1) "Antique, curio or relic firearm", any firearm so defined by the National Gun 3 Control Act, 18 U.S.C. Title 26, Section 5845, and the United States Treasury/Bureau of 4 Alcohol Tobacco and Firearms, 27 CFR Section 178.11: 5 (a) "Antique firearm" is any firearm not designed or redesigned for using rim fire or 6 conventional center fire ignition with fixed ammunition and manufactured in or before 1898, 7 said ammunition not being manufactured any longer; this includes any matchlock, wheel 8 lock, flintlock, percussion cap or similar type ignition system, or replica thereof; 9 (b) "Curio or relic firearm" is any firearm deriving value as a collectible weapon due 10 to its unique design, ignition system, operation or at least fifty years old, associated with a 11 historical event, renown personage or major war; 12 (2) "Blackjack", any instrument that is designed or adapted for the purpose of 13 stunning or inflicting physical injury by striking a person, and which is readily capable of 14 lethal use; 15 (3) "Blasting agent", any material or mixture, consisting of fuel and oxidizer that is 16 intended for blasting, but not otherwise defined as an explosive under this section, provided
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 1730 2
17 that the finished product, as mixed for use of shipment, cannot be detonated by means of a 18 numbered 8 test blasting cap when unconfined; 19 (4) "Concealable firearm", any firearm with a barrel less than sixteen inches in length, 20 measured from the face of the bolt or standing breech; 21 (5) "Deface", to alter or destroy the manufacturer's or importer's serial number or any 22 other distinguishing number or identification mark; 23 (6) "Detonator", any device containing a detonating charge that is used for initiating 24 detonation in an explosive, including but not limited to, electric blasting caps of instantaneous 25 and delay types, nonelectric blasting caps for use with safety fuse or shock tube and 26 detonating cord delay connectors; 27 (7) "Explosive weapon", any explosive, incendiary, or poison gas bomb or similar 28 device designed or adapted for the purpose of inflicting death, serious physical injury, or 29 substantial property damage; or any device designed or adapted for delivering or shooting 30 such a weapon. For the purposes of this subdivision, the term "explosive" shall mean any 31 chemical compound mixture or device, the primary or common purpose of which is to 32 function by explosion, including but not limited to, dynamite and other high explosives, pellet 33 powder, initiating explosives, detonators, safety fuses, squibs, detonating cords, igniter cords, 34 and igniters or blasting agents; 35 (8) "Firearm", any weapon that is designed or adapted to expel a projectile by the 36 action of an explosive; 37 (9) "Firearm silencer" or "firearm suppressor", any instrument, attachment, or 38 appliance that is designed or adapted to muffle the noise made by the firing of any firearm; 39 (10) "Gas gun", any gas ejection device, weapon, cartridge, container or contrivance 40 other than a gas bomb that is designed or adapted for the purpose of ejecting any poison gas 41 that will cause death or serious physical injury, but not any device that ejects a repellant or 42 temporary incapacitating substance; 43 (11) "Generic and insignificant part", an item that has manufacturing or 44 consumer product applications other than inclusion in a firearm suppressor. The term 45 "generic and insignificant part" includes a spring, screw, nut, or pin; 46 (12) "Intoxicated", substantially impaired mental or physical capacity resulting from 47 introduction of any substance into the body; 48 [(12)] (13) "Knife", any dagger, dirk, stiletto, or bladed hand instrument that is readily 49 capable of inflicting serious physical injury or death by cutting or stabbing a person. For 50 purposes of this chapter, knife does not include any ordinary pocketknife with no blade more 51 than four inches in length; HB 1730 3
52 [(13)] (14) "Knuckles", any instrument that consists of finger rings or guards made of 53 a hard substance that is designed or adapted for the purpose of inflicting serious physical 54 injury or death by striking a person with a fist enclosed in the knuckles; 55 [(14)] (15) "Machine gun", any firearm that is capable of firing more than one shot 56 automatically, without manual reloading, by a single function of the trigger; 57 [(15)] (16) "Manufacture", forging, casting, machining, or another process for 58 working a material; 59 (17) "Projectile weapon", any bow, crossbow, pellet gun, slingshot or other weapon 60 that is not a firearm, which is capable of expelling a projectile that could inflict serious 61 physical injury or death by striking or piercing a person; 62 [(16)] (18) "Rifle", any firearm designed or adapted to be fired from the shoulder and 63 to use the energy of the explosive in a fixed metallic cartridge to fire a projectile through a 64 rifled bore by a single function of the trigger; 65 [(17)] (19) "School", any charter school, as such term is defined in section 160.400, 66 any private school, as such term is defined in section 166.700, or any public school, as such 67 term is defined in section 160.011; 68 [(18)] (20) "Short barrel", a barrel length of less than sixteen inches for a rifle and 69 eighteen inches for a shotgun, both measured from the face of the bolt or standing breech, or 70 an overall rifle or shotgun length of less than twenty-six inches; 71 [(19)] (21) "Shotgun", any firearm designed or adapted to be fired from the shoulder 72 and to use the energy of the explosive in a fixed shotgun shell to fire a number of shot or a 73 single projectile through a smooth bore barrel by a single function of the trigger; 74 [(20)] (22) "Spring gun", any fused, timed or nonmanually controlled trap or device 75 designed or adapted to set off an explosion for the purpose of inflicting serious physical injury 76 or death; 77 [(21)] (23) "Switchblade knife", any knife which has a blade that folds or closes into 78 the handle or sheath, and: 79 (a) That opens automatically by pressure applied to a button or other device located 80 on the handle; or 81 (b) That opens or releases from the handle or sheath by the force of gravity or by the 82 application of centrifugal force. 571.020. 1. A person commits an offense if such person knowingly possesses, 2 manufactures, transports, repairs, or sells: 3 (1) An explosive weapon; 4 (2) An explosive, incendiary or poison substance or material with the purpose to 5 possess, manufacture or sell an explosive weapon; 6 (3) A gas gun; HB 1730 4
7 (4) A bullet or projectile which explodes or detonates upon impact because of an 8 independent explosive charge after having been shot from a firearm; [or] 9 (5) Knuckles; or 10 (6) Any of the following in violation of federal law: 11 (a) A machine gun; 12 (b) A short-barreled rifle or shotgun; or 13 (c) [A firearm silencer; or 14 (d)] A switchblade knife. 15 2. A person does not commit an offense pursuant to this section if his or her conduct 16 involved any of the items in subdivisions (1) to (5) of subsection 1 of this section, the item 17 was possessed in conformity with any applicable federal law, and the conduct: 18 (1) Was incident to the performance of official duty by the Armed Forces, National 19 Guard, a governmental law enforcement agency, or a penal institution; or 20 (2) Was incident to engaging in a lawful commercial or business transaction with an 21 organization enumerated in subdivision (1) of this [section] subsection; or 22 (3) Was incident to using an explosive weapon in a manner reasonably related to a 23 lawful industrial or commercial enterprise; or 24 (4) Was incident to displaying the weapon in a public museum or exhibition; or 25 (5) Was incident to using the weapon in a manner reasonably related to a lawful 26 dramatic performance. 27 3. An offense pursuant to subdivision (1), (2), (3) or (6) of subsection 1 of this section 28 is a class D felony; a crime pursuant to subdivision (4) or (5) of subsection 1 of this section is 29 a class A misdemeanor. 30 4. The offense of knowingly possessing, manufacturing, transporting, repairing, 31 or selling a firearm silencer, as it existed immediately before August 28, 2026, shall not 32 be prosecuted on or after August 28, 2026. If on August 28, 2026, a criminal action is 33 pending for such offense, the action is dismissed on that date. However, a final 34 conviction for such offense that exists on August 28, 2026, shall not be affected. 571.935. 1. (1) For the purposes of this section, a firearm suppressor is 2 manufactured in this state if the item is manufactured: 3 (a) In this state from basic materials; and 4 (b) Without the inclusion of any part imported from another state other than a 5 generic and insignificant part. 6 (2) For the purposes of this section, a firearm suppressor is manufactured in this 7 state if it is manufactured as described in subdivision (1) of this subsection without 8 regard to whether a firearm imported into this state from another state is attached to or 9 used in conjunction with the suppressor. HB 1730 5
10 2. (1) A firearm suppressor that is manufactured in this state and remains in 11 this state is not subject to federal law or federal regulation, including registration, under 12 the authority of the United States Congress to regulate interstate commerce. 13 (2) A basic material from which a firearm suppressor is manufactured in this 14 state, including unmachined steel, is not a firearm suppressor and is not subject to 15 federal regulation under the authority of the United States Congress to regulate 16 interstate commerce as if it actually were a firearm suppressor. 17 3. A firearm suppressor manufactured and sold in this state shall have the words 18 "Made in Missouri" clearly stamped on it. 19 4. On written notification to the attorney general by a United States citizen who 20 resides in this state of the citizen's intent to manufacture a firearm suppressor to which 21 subsection 2 of this section applies, the attorney general shall seek a declaratory 22 judgment from a federal district court in this state that subsection 2 of this section is 23 consistent with the Constitution of the United States. 24 5. The provisions of this section shall apply only to firearm suppressors that are 25 manufactured on or after August 28, 2026. 571.940. 1. The provisions of this section shall apply to: 2 (1) The state of Missouri, including an agency, department, commission, bureau, 3 board, office, council, court, or other entity that is in any branch of state government 4 and that is created by the constitution or a statute of this state, including a university 5 system or a system of higher education; 6 (2) The governing body of a municipality, county, or special district or authority; 7 (3) An officer, employee, or other body that is part of a municipality, county, or 8 special district or authority, including a sheriff, municipal police department, municipal 9 attorney, or county attorney; and 10 (4) A prosecuting attorney, county counselor, or circuit attorney. 11 2. (1) An entity described in subsection 1 of this section shall not adopt a rule, 12 order, ordinance, or policy under which the entity enforces, or by consistent action 13 allows the enforcement of, a federal statute, order, rule, or regulation that purports to 14 regulate a firearm suppressor if the statute, order, rule, or regulation imposes a 15 prohibition, restriction, or other regulation that does not exist under the laws of this 16 state. 17 (2) No entity described in subsection 1 of this section and no person employed by 18 or otherwise under the direction or control of the entity shall enforce or attempt to 19 enforce any federal statute, order, rule, or regulation described in subdivision (1) of this 20 subsection. HB 1730 6
21 3. (1) An entity described in subsection 1 of this section shall not receive state 22 grant funds if the entity adopts a rule, order, ordinance, or policy under which the entity 23 enforces a federal law described in subdivision (1) of subsection 2 of this section or, by 24 consistent action, allows the enforcement of a federal law described in subdivision (1) of 25 subsection 2 of this section. 26 (2) State grant funds for the entity shall be denied for the fiscal year following 27 the year in which a final judicial determination in an action brought under this section is 28 made that the entity has violated subdivision (1) of subsection 2 of this section. 29 4. (1) Any citizen residing in the jurisdiction of an entity described in subsection 30 1 of this section may file a complaint with the attorney general if the citizen offers 31 evidence to support an allegation that the entity has adopted a rule, order, ordinance, or 32 policy under which the entity enforces a federal law described in subdivision (1) of 33 subsection 2 of this section or that the entity, by consistent action, allows the 34 enforcement of a federal law described in subdivision (1) of subsection 2 of this section. 35 The citizen shall include with the complaint any evidence the citizen has in support of 36 the complaint. 37 (2) If the attorney general determines that a complaint filed under subdivision 38 (1) of this subsection against an entity described in subsection 1 of this section is valid, to 39 compel the entity's compliance with this section, the attorney general may file a petition 40 for a writ of mandamus or apply for other appropriate equitable relief in the circuit 41 court of Cole County or the circuit court in any county in which the principal office of 42 the entity is located. The attorney general may recover reasonable expenses incurred 43 obtaining relief under this subdivision, including court costs, reasonable attorney's fees, 44 investigative costs, witness fees, and deposition costs. 45 (3) In any appeal of a suit brought under subdivision (2) of this subsection, the 46 appellate court shall expedite the case by entering such scheduling orders as are 47 necessary to ensure that a final order or judgment will be entered with the least possible 48 delay. ✔
Statutes affected: