HOUSE BILL NO. 1916 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE CASTEEL.
4706H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 571.010, 571.020, and 578.435, RSMo, and to enact in lieu thereof three new sections relating to short-barreled rifles or shotguns.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 571.010, 571.020, and 578.435, RSMo, are repealed and three 2 new sections enacted in lieu thereof, to be known as sections 571.010, 571.020, and 578.435, 3 to read as follows: 571.010.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 1916 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", any instrument, attachment, or appliance that is designed or 38 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) "Intoxicated", substantially impaired mental or physical capacity resulting from 44 introduction of any substance into the body; 45 (12) "Knife", any dagger, dirk, stiletto, or bladed hand instrument that is readily 46 capable of inflicting serious physical injury or death by cutting or stabbing a person. For 47 purposes of this chapter, knife does not include any ordinary pocketknife with no blade more 48 than four inches in length; 49 (13) "Knuckles", any instrument that consists of finger rings or guards made of a hard 50 substance that is designed or adapted for the purpose of inflicting serious physical injury or 51 death by striking a person with a fist enclosed in the knuckles; 52 (14) "Machine gun", any firearm that is capable of firing more than one shot 53 automatically, without manual reloading, by a single function of the trigger; HB 1916 3
54 (15) "Projectile weapon", any bow, crossbow, pellet gun, slingshot or other weapon 55 that is not a firearm, which is capable of expelling a projectile that could inflict serious 56 physical injury or death by striking or piercing a person; 57 (16) "Rifle", any firearm designed or adapted to be fired from the shoulder and to use 58 the energy of the explosive in a fixed metallic cartridge to fire a projectile through a rifled 59 bore by a single function of the trigger; 60 (17) "School", any charter school, as such term is defined in section 160.400, any 61 private school, as such term is defined in section 166.700, or any public school, as such term 62 is defined in section 160.011; 63 (18) ["Short barrel", a barrel length of less than sixteen inches for a rifle and eighteen 64 inches for a shotgun, both measured from the face of the bolt or standing breech, or an overall 65 rifle or shotgun length of less than twenty-six inches; 66 (19)] "Shotgun", any firearm designed or adapted to be fired from the shoulder and to 67 use the energy of the explosive in a fixed shotgun shell to fire a number of shot or a single 68 projectile through a smooth bore barrel by a single function of the trigger; 69 [(20)] (19) "Spring gun", any fused, timed or nonmanually controlled trap or device 70 designed or adapted to set off an explosion for the purpose of inflicting serious physical injury 71 or death; 72 [(21)] (20) "Switchblade knife", any knife which has a blade that folds or closes into 73 the handle or sheath, and: 74 (a) That opens automatically by pressure applied to a button or other device located 75 on the handle; or 76 (b) That opens or releases from the handle or sheath by the force of gravity or by the 77 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; 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; 13 (c)] A firearm silencer; or HB 1916 4
14 [(d)] (c) 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. 578.435. 1. As used in this section and section 578.437, the term "weapon" means 2 any firearm, concealable firearm, blackjack, explosive weapon, gas gun, knife, knuckles, 3 machine gun, projectile weapon, rifle, [short barrel,] shotgun, or switchblade knife, as defined 4 in section 571.010. 5 2. Any weapon which is owned or possessed by a member of a criminal street gang 6 for the purposes of the commission of an offense enumerated in subdivision (2) of section 7 578.421 may be confiscated by any law enforcement agency or peace officer as defined in 8 section 590.100. If the law enforcement agency or peace officer believes that the return of the 9 weapon confiscated has been or will be used in criminal street gang activity or that the return 10 of the weapon would be likely to result in endangering the safety of others, the law 11 enforcement agency or peace officer may initiate a petition in circuit court to determine if the 12 weapon should be returned or declared a nuisance. If the court declares such weapon to be a 13 nuisance, the weapon shall be destroyed. ✔
Statutes affected: