HOUSE BILL NO. 2660 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE COSTLOW.
5869H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 1.410, 1.420, 1.430, 1.440, 1.450, 1.460, 1.470, 1.480, and 1.485, RSMo, and to enact in lieu thereof five new sections relating to additional protections to bear arms.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 1.410, 1.420, 1.430, 1.440, 1.450, 1.460, 1.470, 1.480, and 1.485, 2 RSMo, are repealed and five new sections enacted in lieu thereof, to be known as sections 3 1.411, 1.451, 1.461, 1.481, and 1.484, to read as follows: 1.411. 1. Sections 1.411 to 1.484 shall be known and may be cited as the "Second 2 Amendment Preservation Act". 3 2. The general assembly finds and declares that: 4 (1) The general assembly of the state of Missouri is firmly resolved to support 5 and defend the Constitution of the United States against every aggression, whether 6 foreign or domestic, and is duty bound to oppose every infraction of those principles 7 that constitute the basis of the union of the states because only a faithful observance of 8 those principles can secure the Union's existence and the public happiness; 9 (2) The general assembly of the state of Missouri strongly promotes responsible 10 gun ownership, including parental supervision of minors in the proper use, storage, and 11 ownership of all firearms; the prompt reporting of stolen firearms; and the proper 12 enforcement of all state gun laws. The general assembly of the state of Missouri hereby 13 condemns any unlawful transfer of firearms and the use of any firearm in any criminal 14 or unlawful activity; and
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 2660 2
15 (3) The general assembly of the state of Missouri supports law enforcement and 16 calls on sworn peace officers to assist in defending Second Amendment rights for all 17 law-abiding citizens of the state. 1.451. 1. No public officer or employee of this state or any political subdivision 2 of this state shall knowingly violate a law-abiding citizen's legal rights regarding 3 firearms, firearm accessories, or ammunition. 4 2. Nothing in sections 1.451 to 1.484 shall be construed to prohibit Missouri 5 officials from accepting aid from federal officials or rendering aid to federal officials. 6 Nothing in sections 1.451 to 1.484 shall prohibit law enforcement from working on 7 federal task forces. 1.461. 1. Any political subdivision or law enforcement agency that employs a 2 law enforcement officer who acts knowingly, as defined under section 562.016, to violate 3 the provisions of section 1.451 or otherwise knowingly deprives a law-abiding citizen of 4 Missouri of the rights or privileges ensured by Amendment II of the Constitution of the 5 United States or Article I, Section 23 of the Constitution of Missouri while acting under 6 the color of any state or federal law shall investigate such employee for potential 7 discipline up to and including termination of employment. 8 2. The attorney general or the prosecuting attorney of any county in which a 9 violation of this section occurs may pursue an action for injunctive or other equitable 10 relief in the circuit court of that county. The court shall hold a hearing on the motion 11 for a temporary restraining order and preliminary injunction within thirty days of 12 service of the petition. 1.481. As used in sections 1.411 to 1.461, the term "law-abiding citizen" means a 2 person who: 3 (1) Is eighteen years of age or older; 4 (2) Is not under criminal investigation for, arrested for, or charged with a 5 criminal offense for which valid probable cause exists; 6 (3) Is not a danger to self or others; 7 (4) Is not otherwise precluded under state law from possessing a firearm; and 8 (5) Is legally present in the United States and in the state of Missouri. 1.484. It shall not be considered a violation of section 1.451 or 1.461 to provide 2 material aid to federal authorities in the investigation, arrest, detention, or prosecution 3 of any person if there is reasonable suspicion to believe that the person engaged in 4 criminal conduct. [1.410. 1. Sections 1.410 to 1.485 shall be known and may be cited as 2 the "Second Amendment Preservation Act". 3 2. The general assembly finds and declares that: HB 2660 3
4 (1) The general assembly of the state of Missouri is firmly resolved to 5 support and defend the Constitution of the United States against every 6 aggression, whether foreign or domestic, and is duty-bound to oppose every 7 infraction of those principles that constitute the basis of the union of the states 8 because only a faithful observance of those principles can secure the union's 9 existence and the public happiness; 10 (2) Acting through the Constitution of the United States, the people of 11 the several states created the federal government to be their agent in the 12 exercise of a few defined powers, while reserving for the state governments 13 the power to legislate on matters concerning the lives, liberties, and properties 14 of citizens in the ordinary course of affairs; 15 (3) The limitation of the federal government's power is affirmed under 16 Amendment X of the Constitution of the United States, which defines the total 17 scope of federal powers as being those that have been delegated by the people 18 of the several states to the federal government and all powers not delegated to 19 the federal government in the Constitution of the United States are reserved to 20 the states respectively or the people themselves; 21 (4) If the federal government assumes powers that the people did not 22 grant it in the Constitution of the United States, its acts are unauthoritative, 23 void, and of no force; 24 (5) The several states of the United States respect the proper role of the 25 federal government but reject the proposition that such respect requires 26 unlimited submission. If the federal government, created by a compact among 27 the states, were the exclusive or final judge of the extent of the powers granted 28 to it by the states through the Constitution of the United States, the federal 29 government's discretion, and not the Constitution of the United States, would 30 necessarily become the measure of those powers. To the contrary, as in all 31 other cases of compacts among powers having no common judge, each party 32 has an equal right to judge for itself as to whether infractions of the compact 33 have occurred, as well as to determine the mode and measure of redress. 34 Although the several states have granted supremacy to laws and treaties made 35 under the powers granted in the Constitution of the United States, such 36 supremacy does not extend to various federal statutes, executive orders, 37 administrative orders, court orders, rules, regulations, or other actions that 38 collect data or restrict or prohibit the manufacture, ownership, or use of 39 firearms, firearm accessories, or ammunition exclusively within the borders of 40 Missouri; such statutes, executive orders, administrative orders, court orders, 41 rules, regulations, and other actions exceed the powers granted to the federal 42 government except to the extent they are necessary and proper for governing 43 and regulating the United States Armed Forces or for organizing, arming, and 44 disciplining militia forces actively employed in the service of the United States 45 Armed Forces; 46 (6) The people of the several states have given Congress the power "to 47 regulate commerce with foreign nations, and among the several states", but 48 "regulating commerce" does not include the power to limit citizens' right to 49 keep and bear arms in defense of their families, neighbors, persons, or property 50 nor to dictate what sorts of arms and accessories law-abiding Missourians may 51 buy, sell, exchange, or otherwise possess within the borders of this state; HB 2660 4
52 (7) The people of the several states have also granted Congress the 53 powers "to lay and collect taxes, duties, imports, and excises, to pay the debts, 54 and provide for the common defense and general welfare of the United States" 55 and "to make all laws which shall be necessary and proper for carrying into 56 execution the powers vested by the Constitution of the United States in the 57 government of the United States, or in any department or office thereof". 58 These constitutional provisions merely identify the means by which the federal 59 government may execute its limited powers and shall not be construed to grant 60 unlimited power because to do so would be to destroy the carefully 61 constructed equilibrium between the federal and state governments. 62 Consequently, the general assembly rejects any claim that the taxing and 63 spending powers of Congress may be used to diminish in any way the right of 64 the people to keep and bear arms; 65 (8) The general assembly finds that the federal excise tax rate on arms 66 and ammunition in effect prior to January 1, 2021, which funds programs 67 under the Wildlife Restoration Act, does not have a chilling effect on the 68 purchase or ownership of such arms and ammunition; 69 (9) The people of Missouri have vested the general assembly with the 70 authority to regulate the manufacture, possession, exchange, and use of 71 firearms within the borders of this state, subject only to the limits imposed by 72 Amendment II of the Constitution of the United States and the Constitution of 73 Missouri; and 74 (10) The general assembly of the state of Missouri strongly promotes 75 responsible gun ownership, including parental supervision of minors in the 76 proper use, storage, and ownership of all firearms; the prompt reporting of 77 stolen firearms; and the proper enforcement of all state gun laws. The general 78 assembly of the state of Missouri hereby condemns any unlawful transfer of 79 firearms and the use of any firearm in any criminal or unlawful activity.]
[1.420. The following federal acts, laws, executive orders, 2 administrative orders, rules, and regulations shall be considered 3 infringements on the people's right to keep and bear arms, as guaranteed by 4 Amendment II of the Constitution of the United States and Article I, Section 5 23 of the Constitution of Missouri, within the borders of this state including, 6 but not limited to: 7 (1) Any tax, levy, fee, or stamp imposed on firearms, firearm 8 accessories, or ammunition not common to all other goods and services and 9 that might reasonably be expected to create a chilling effect on the purchase or 10 ownership of those items by law-abiding citizens; 11 (2) Any registration or tracking of firearms, firearm accessories, or 12 ammunition; 13 (3) Any registration or tracking of the ownership of firearms, firearm 14 accessories, or ammunition; 15 (4) Any act forbidding the possession, ownership, use, or transfer of a 16 firearm, firearm accessory, or ammunition by law-abiding citizens; and 17 (5) Any act ordering the confiscation of firearms, firearm accessories, 18 or ammunition from law-abiding citizens.] HB 2660 5
[1.430. All federal acts, laws, executive orders, administrative orders, 2 rules, and regulations, regardless of whether they were enacted before or after 3 the provisions of sections 1.410 to 1.485, that infringe on the people's right to 4 keep and bear arms as guaranteed by the Second Amendment to the 5 Constitution of the United States and Article I, Section 23 of the Constitution 6 of Missouri shall be invalid to this state, shall not be recognized by this state, 7 shall be specifically rejected by this state, and shall not be enforced by this 8 state.]
[1.440. It shall be the duty of the courts and law enforcement agencies 2 of this state to protect the rights of law-abiding citizens to keep and bear arms 3 within the borders of this state and to protect these rights from the 4 infringements defined under section 1.420.]
[1.450. No entity or person, including any public officer or employee 2 of this state or any political subdivision of this state, shall have the authority to 3 enforce or attempt to enforce any federal acts, laws, executive orders, 4 administrative orders, rules, regulations, statutes, or ordinances infringing on 5 the right to keep and bear arms as described under section 1.420. Nothing in 6 sections 1.410 to 1.480 shall be construed to prohibit Missouri officials from 7 accepting aid from federal officials in an effort to enforce Missouri laws.]
[1.460. 1. Any political subdivision or law enforcement agency that 2 employs a law enforcement officer who acts knowingly, as defined under 3 section 562.016, to violate the provisions of section 1.450 or otherwise 4 knowingly deprives a citizen of Missouri of the rights or privileges ensured by 5 Amendment II of the Constitution of the United States or Article I, Section 23 6 of the Constitution of Missouri while acting under the color of any state or 7 federal law shall be liable to the injured party in an action at law, suit in equity, 8 or other proper proceeding for redress, and subject to a civil penalty of fifty 9 thousand dollars per occurrence. Any person injured under this section shall 10 have standing to pursue an action for injunctive relief in the circuit court of the 11 county in which the action allegedly occurred or in the circuit court of Cole 12 County with respect to the actions of such individual. The court shall hold a 13 hearing on the motion for temporary restraining order and preliminary 14 injunction within thirty days of service of the petition. 15 2. In such actions, the court may award the prevailing party, other than 16 the state of Missouri or any political subdivision of the state, reasonable 17 attorney's fees and costs. 18 3. Sovereign immunity shall not be an affirmative defense in any 19 action pursuant to this section.]
[1.470. 1. Any political subdivision or law enforcement agency that 2 knowingly employs an individual acting or who previously acted as an official, 3 agent, employee, or deputy of the government of the United States, or 4 otherwise acted under the color of federal law within the borders of this state, 5 who has knowingly, as defined under section 562.016, after the adoption of 6 this section: HB 2660 6
7 (1) Enforced or attempted to enforce any of the infringements 8 identified in section 1.420; or 9 (2) Given material aid and support to the efforts of another who 10 enforces or attempts to enforce any of the infringements identified in section 11 1.420; 12 13 shall be subject to a civil penalty of fifty thousand dollars per employee hired 14 by the political subdivision or law enforcement agency. Any person residing 15 in a jurisdiction who believes that an individual has taken action that would 16 violate the provisions of this section shall have standing to pursue an action. 17 2. Any person residing or conducting business in a jurisdiction who 18 believes that an individual has taken action that would violate the provisions of 19 this section shall have standing to pursue an action for injunctive relief in the 20 circuit court of the county in which the action allegedly occurred or in the 21 circuit court of Cole County with respect to the actions of such individual. 22 The court shall hold a hearing on the motion for a temporary restraining order 23 and preliminary injunction within thirty days of service of the petition. 24 3. In such actions, the court may award the prevailing party, other than 25 the state of Missouri or any political subdivision of the state, reasonable 26 attorney's fees and costs. 27 4. Sovereign immunity shall not be an affirmative defense in any 28 action pursuant to this section.]
[1.480. 1. For sections 1.410 to 1.485, the term "law-abiding citizen" 2 shall mean a person who is not otherwise precluded under state law from 3 possessing a firearm and shall not be construed to include anyone who is not 4 legally present in the United States or the state of Missouri. 5 2. For the purposes of sections 1.410 to 1.480, "material aid and 6 support" shall include voluntarily giving or allowing others to make use of 7 lodging; communications equipment or services, including social media 8 accounts; facilities; weapons; personnel; transportation; clothing; or other 9 physical assets. Material aid and support shall not include giving or allowing 10 the use of medicine or other materials necessary to treat physical injuries, nor 11 shall the term include any assistance provided to help persons escape a serious, 12 present risk of life-threatening injury. 13 3. It shall not be considered a violation of sections 1.410 to 1.480 to 14 provide material aid to federal officials who are in pursuit of a suspect when 15 there is a demonstrable criminal nexus with another state or country and such 16 suspect is either not a citizen of this state or is not present in this state. 17 4. It shall not be considered a violation of sections 1.410 to 1.480 to 18 provide material aid to federal prosecution for: 19 (1) Felony crimes against a person when such prosecution includes 20 weapons violations substantially similar to those found in chapter 570 or 571 21 so long as such weapons violations are merely ancillary to such prosecution; or 22 (2) Class A or class B felony violations substantially similar to those 23