HOUSE BILL NO. 2064 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE THOMAS.
4896H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 21.750, RSMo, relating to firearms.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 21.750, RSMo, is repealed, to read as follows: [21.750. 1. The general assembly hereby occupies and preempts the 2 entire field of legislation touching in any way firearms, components, 3 ammunition and supplies to the complete exclusion of any order, ordinance 4 or regulation by any political subdivision of this state. Any existing or future 5 orders, ordinances or regulations in this field are hereby and shall be null and 6 void except as provided in subsection 3 of this section. 7 2. No county, city, town, village, municipality, or other political 8 subdivision of this state shall adopt any order, ordinance or regulation 9 concerning in any way the sale, purchase, purchase delay, transfer, ownership, 10 use, keeping, possession, bearing, transportation, licensing, permit, 11 registration, taxation other than sales and compensating use taxes or other 12 controls on firearms, components, ammunition, and supplies except as 13 provided in subsection 3 of this section. 14 3. (1) Except as provided in subdivision (2) of this subsection, nothing 15 contained in this section shall prohibit any ordinance of any political 16 subdivision which conforms exactly with any of the provisions of sections 17 571.010 to 571.070, with appropriate penalty provisions, or which regulates 18 the open carrying of firearms readily capable of lethal use or the discharge of 19 firearms within a jurisdiction, provided such ordinance complies with the 20 provisions of section 252.243. No ordinance shall be construed to preclude the 21 use of a firearm in the defense of person or property, subject to the provisions 22 of chapter 563.
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 2064 2
23 (2) In any jurisdiction in which the open carrying of firearms is 24 prohibited by ordinance, the open carrying of firearms shall not be prohibited 25 in accordance with the following: 26 (a) Any person with a valid concealed carry endorsement or permit 27 who is open carrying a firearm shall be required to have a valid concealed 28 carry endorsement or permit from this state, or a permit from another state that 29 is recognized by this state, in his or her possession at all times; 30 (b) Any person open carrying a firearm in such jurisdiction shall 31 display his or her concealed carry endorsement or permit upon demand of a 32 law enforcement officer; 33 (c) In the absence of any reasonable and articulable suspicion of 34 criminal activity, no person carrying a concealed or unconcealed firearm shall 35 be disarmed or physically restrained by a law enforcement officer unless under 36 arrest; and 37 (d) Any person who violates this subdivision shall be subject to the 38 penalty provided in section 571.121. 39 4. The lawful design, marketing, manufacture, distribution, or sale of 40 firearms or ammunition to the public is not an abnormally dangerous activity 41 and does not constitute a public or private nuisance. 42 5. No county, city, town, village or any other political subdivision nor 43 the state shall bring suit or have any right to recover against any firearms or 44 ammunition manufacturer, trade association or dealer for damages, abatement 45 or injunctive relief resulting from or relating to the lawful design, manufacture, 46 marketing, distribution, or sale of firearms or ammunition to the public. This 47 subsection shall apply to any suit pending as of October 12, 2003, as well as 48 any suit which may be brought in the future. Provided, however, that nothing 49 in this section shall restrict the rights of individual citizens to recover for 50 injury or death caused by the negligent or defective design or manufacture of 51 firearms or ammunition. 52 6. Nothing in this section shall prevent the state, a county, city, town, 53 village or any other political subdivision from bringing an action against a 54 firearms or ammunition manufacturer or dealer for breach of contract or 55 warranty as to firearms or ammunition purchased by the state or such political 56 subdivision.]
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Statutes affected: