SPONSOR: Costlow
This bill creates the "Second Amendment Preservation Act", establishing certain findings and declarations about the use and ownership of firearms, as described in the bill (Section 1.411).
No public officer or employee of this State or any political subdivision of this State will knowingly violate a law-abiding citizen's rights regarding firearms, firearm accessories, or ammunition. However, nothing will prohibit Missouri officials from accepting aid from, or rendering aid to, Federal officials; nor will Missouri law enforcement be prohibited from working on Federal task forces (Section 1.451).
The bill requires a political subdivision or law enforcement agency to investigate a law enforcement officer for potential discipline, up to and including termination of employment, if the law enforcement officer acts knowingly to deprive a law-abiding citizen of Missouri of the rights or privileges ensured by the State and Federal Constitutions that relate to the right to bear arms while acting under the color of any State or Federal law (Section 1.461).
The term "law-abiding citizen" means a person who:
(1) Is 18 years of age or older;
(2) Is not under criminal investigation for, arrested for, or charged with a criminal offense for which valid probable cause exists;
(3) Is not a danger to self or others;
(4) Is not otherwise precluded under State law from possessing a firearm; and
(5) Is legally present in the United States and Missouri (Section 1.481).
It will not be considered a violation of these provisions to provide material aid to Federal authorities in the investigation, arrest, detention, or prosecution of any person in which reasonable suspicion exists to believe that the person engaged in criminal conduct (Section 1.484). This bill also repeals prior sections of law that were deemed unconstitutional.
Statutes affected: