HOUSE BILL NO. 3130 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE PLANK.
6706H.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 six new sections relating to constitutional liberties, with penalty provisions.
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Section A. Sections 1.410, 1.420, 1.430, 1.440, 1.450, 1.460, 1.470, 1.480, and 1.485, 2 RSMo, are repealed and six new sections enacted in lieu thereof, to be known as sections 3 1.411, 1.451, 1.461, 1.471, 1.481, and 1.484, to read as follows: 1.411. 1.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 "Pretti- 2 Good 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) Acting through the Constitution of the United States, the people of the 10 several states created the federal government to be their agent in the exercise of a few 11 defined powers, while reserving for the state governments the power to legislate on 12 matters concerning the lives, liberties, and properties of citizens in the ordinary course 13 of affairs; 14 (3) The limitation of the federal government's power is affirmed under 15 Amendment X of the Constitution of the United States, which defines the total scope of
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 3130 2
16 federal powers as being those that have been delegated by the people of the several states 17 to the federal government and all powers not delegated to the federal government in the 18 Constitution of the United States are reserved to the states respectively or the people 19 themselves; 20 (4) If the federal government assumes powers that the people did not grant it in 21 the Constitution of the United States, its acts are unauthoritative, void, and of no force; 22 (5) The several states of the United States respect the proper role of the federal 23 government but reject the proposition that such respect requires unlimited submission. 24 If the federal government, created by a compact among the states, were the exclusive or 25 final judge of the extent of the powers granted to it by the states through the 26 Constitution of the United States, the federal government's discretion, and not the 27 Constitution of the United States, would necessarily become the measure of those 28 powers. To the contrary, as in all other cases of compacts among powers having no 29 common judge, each party has an equal right to judge for itself as to whether infractions 30 of the compact have occurred, as well as to determine the mode and measure of redress. 31 Although the several states have granted supremacy to laws and treaties made under the 32 powers granted in the Constitution of the United States, such supremacy does not extend 33 to various federal statutes, executive orders, administrative orders, court orders, rules, 34 regulations, or other actions that collect data or restrict or prohibit the manufacture, 35 ownership, or use of firearms, firearm accessories, or ammunition exclusively within the 36 borders of Missouri. Such statutes, executive orders, administrative orders, court 37 orders, rules, regulations, and other actions exceed the powers granted to the federal 38 government except to the extent they are necessary and proper for governing and 39 regulating the Armed Forces of the United States or for organizing, arming, and 40 disciplining militia forces actively employed in the service of the Armed Forces of the 41 United States; 42 (6) The several states of the United States respect the proper role of peace 43 officers and federal law enforcement agents working in the state of Missouri but reject 44 the proposition that such respect requires a forfeiture of constitutional rights. The 45 preservation of liberty and security of the people requires transparency and 46 accountability in the exercise of police powers. The use of anonymity or facial 47 concealment by peace officers and other law enforcement agents undermines a law- 48 abiding citizen's ability to assess the legality of searches and seizures and seek redress 49 for unlawful conduct and is therefore antithetical to the right to be secure in one's 50 person and effects as ensured by Amendment IV of the Constitution of the United States. 51 Therefore, any peace officer, law enforcement agent, or person acting under the color of 52 law within this state shall, in every public interaction, clearly and promptly identify HB 3130 3
53 himself or herself and the authority under which he or she acts. Peace officers, law 54 enforcement agents, or persons acting under the color of law within this state shall not 55 obscure or conceal their faces by masks or other facial coverings except where strictly 56 necessary for immediate safety in exigent circumstances as described in section 563.026; 57 (7) Although the several states have granted supremacy to laws and treaties 58 made under the powers granted in the Constitution of the United States, such 59 supremacy does not extend to various federal statutes, executive orders, administrative 60 orders, court orders, rules, regulations, or other actions that require or allow the use of 61 facial coverings by peace officers or law enforcement acting within the borders of 62 Missouri or that allow peace officers or law enforcement officers acting within the 63 borders of Missouri to refuse to identify themselves and the authority under which they 64 act. Such statutes, executive orders, administrative orders, court orders, rules, 65 regulations, and other actions exceed the powers granted to the federal government 66 except to the extent they are necessary and proper for governing and regulating the 67 Armed Forces of the United States or for organizing, arming, and disciplining militia 68 forces actively employed in the service of the Armed Forces of the United States; 69 (8) The people of the several states have given Congress the power "to regulate 70 commerce with foreign nations, and among the several states", but "regulating 71 commerce" does not include the power to limit citizens' rights to keep and bear arms in 72 defense of their families, neighbors, persons, or property and to be secure in their 73 persons and effects against unreasonable searches and seizures nor to dictate what sorts 74 of arms and accessories law-abiding Missourians may buy, sell, exchange, or otherwise 75 possess within the borders of this state; 76 (9) The people of the several states have also granted Congress the powers "to 77 lay and collect taxes, duties, imports, and excises, to pay the debts, and provide for the 78 common defense and general welfare of the United States" and "to make all laws which 79 shall be necessary and proper for carrying into execution the powers vested by the 80 Constitution of the United States in the government of the United States, or in any 81 department or office thereof". These constitutional provisions merely identify the 82 means by which the federal government may execute its limited powers and shall not be 83 construed to grant unlimited power because to do so would be to destroy the carefully 84 constructed equilibrium between the federal and state governments. Consequently, the 85 general assembly rejects any claim that the taxing and spending powers of Congress 86 may be used to diminish in any way the rights of the people to keep and bear arms and 87 be secure in their persons and effects against unreasonable searches and seizures; HB 3130 4
88 (10) The federal excise tax rate on arms and ammunition in effect prior to 89 January 1, 2026, which funds programs under the Wildlife Restoration Act, does not 90 have a chilling effect on the purchase or ownership of such arms and ammunition; 91 (11) The people of Missouri have vested the general assembly with the authority 92 to regulate police powers and the manufacture, possession, exchange, and use of 93 firearms within the borders of this state, subject only to the limits imposed by 94 Amendments II and IV of the Constitution of the United States and the Constitution of 95 Missouri; and 96 (12) The general assembly of the state of Missouri strongly promotes responsible 97 gun ownership, including parental supervision of minors in the proper use, storage, and 98 ownership of all firearms; the prompt reporting of stolen firearms; and the proper 99 enforcement of all state gun laws. The general assembly of the state of Missouri hereby 100 condemns any unlawful transfer of firearms and the use of any firearm in any criminal 101 or unlawful activity. 1.451. No public officer or employee of this state or any political subdivision of 2 this state shall have the authority to enforce or attempt to enforce against law-abiding 3 citizens any federal acts, laws, executive orders, administrative orders, rules, 4 regulations, statutes, or ordinances that regulate firearms, firearm accessories, or 5 ammunition or that require or allow peace officers or law enforcement officers acting 6 within the borders of this state to use facial coverings or refuse to identify themselves or 7 the authority under which they act. Nothing in sections 1.451 to 1.484 shall be construed 8 to prohibit Missouri officials from accepting aid from federal officials in an effort to 9 enforce Missouri laws. 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 citizen of Missouri of 4 the rights or privileges ensured by Amendment II or IV of the Constitution of the United 5 States or Article I, Section 15 or 23 of the Constitution of Missouri while acting under 6 the color of any state or federal law shall be liable to the injured party in an action at 7 law, suit in equity, or other proper proceeding for redress, and subject to a civil penalty 8 of fifty thousand dollars per occurrence. Any person injured under this section shall 9 have standing to pursue an action for injunctive relief in the circuit court of the county 10 in which the action allegedly occurred or in the circuit court of Cole County with respect 11 to the actions of such individual. The court shall hold a hearing on the motion for a 12 temporary restraining order and preliminary injunction within thirty days of service of 13 the petition. HB 3130 5
14 2. In such actions, the court may award the prevailing party, other than the state 15 of Missouri or any political subdivision of the state, reasonable attorney's fees and costs. 16 3. Sovereign immunity shall not be an affirmative defense in any action pursuant 17 to this section. 1.471. 1. Any political subdivision or law enforcement agency that knowingly 2 employs an individual acting or who previously acted as an official, agent, employee, or 3 deputy of the government of the United States, or otherwise acted under the color of 4 federal law within the borders of this state, who has knowingly, as defined under section 5 562.016, after the adoption of this section: 6 (1) Enforced, attempted to enforce, or participated in any way in the 7 enforcement or implementation of any federal acts, laws, executive orders, rules, 8 regulations, statutes, or ordinances that regulate firearms, firearm accessories, or 9 ammunition or that require or allow peace officers or law enforcement officers acting 10 within the borders of this state to use facial coverings or refuse to identify themselves or 11 the authority under which they act; or 12 (2) Given material aid and support to the efforts of another who enforces or 13 attempts to enforce or participates in any way in the enforcement or implementation of 14 any federal acts, laws, executive orders, rules, regulations, statutes, or ordinances that 15 regulate firearms, firearm accessories, or ammunition or that require or allow peace 16 officers or law enforcement officers acting within the borders of this state to use facial 17 coverings or refuse to identify themselves or the authority under which they act 18 19 shall be subject to a civil penalty of fifty thousand dollars per employee hired by the 20 political subdivision or law enforcement agency involved in a course of conduct 21 described in subdivision (1) or (2) of this subsection. Each such course of conduct shall 22 subject the political subdivision or law enforcement agency to a separate civil penalty. 23 Any person residing in a jurisdiction who believes that an individual has taken action 24 that would violate the provisions of this section shall have standing to pursue an action, 25 but multiple actions relating to the same course of conduct shall not subject the political 26 subdivision or law enforcement agency to penalties that total more than fifty thousand 27 dollars for each employee involved in the course of conduct. 28 2. Any person residing or conducting business in a jurisdiction who believes that 29 an individual has taken action that would violate the provisions of this section shall have 30 standing to pursue an action for injunctive relief in the circuit court of the county in 31 which the action allegedly occurred or in the circuit court of Cole County with respect to 32 the actions of such individual. The court shall hold a hearing on the motion for a HB 3130 6
33 temporary restraining order and preliminary injunction within thirty days of service of 34 the petition. 35 3. In such actions, the court may award the prevailing party, other than the state 36 of Missouri or any political subdivision of the state, reasonable attorney's fees and costs. 37 4. Sovereign immunity shall not be an affirmative defense in any action pursuant 38 to this section. 39 5. Nothing in this section shall be construed to prohibit the hiring, or impose any 40 penalties for the hiring, of any individual whose federal service was as a member of the 41 Armed Forces of the United States. 1.481. 1. As used in sections 1.451 to 1.484, the term "law-abiding citizen" 2 means: 3 (1) For the right to keep and bear arms, a person who is not otherwise precluded 4 under state law from possessing a firearm and shall not be construed to include anyone 5 who is not legally present in the United States or the state of Missouri; and 6 (2) For the right to be secure in one's persons and effects against unreasonable 7 searches and seizures, a person who is entitled to protection under Amendment IV of the 8 Constitution of the United States in the context in which the term is used. 9 2. As used in sections 1.451 to 1.484, "material aid and support" shall include 10 voluntarily giving or allowing others to make use of lodging; communications 11 equipment or services, including social media accounts; facilities; weapons; 12 personnel; transportation; clothing; or other physical assets. Material aid and 13 support shall not include giving or allowing the use of medicine or other materials 14 necessary to treat physical injuries, nor shall the term include any assistance provided to 15 help persons escape a serious, present risk of life-threatening injury. 16 3. It shall not be considered a violation of sections 1.451 to 1.484 to provide 17 material aid to federal officials who are in pursuit of a suspect when there is a 18 demonstrable criminal nexus with another state or country and such suspect is either 19 not a citizen of this state or is not present in this state. 20 4. It shall not be considered a violation of sections 1.451 to 1.484 to provide 21 material aid to federal prosecution for: 22 (1) Felony crimes against a person when such prosecution includes weapons 23 violations substantially similar to those found in chapter 570 or 571 so long as such 24 weapons violations are merely ancillary to such prosecution; or 25 (2) Class A or class B felony violations substantially similar to those found in 26 chapter 579 when such prosecution includes weapons violations substantially similar to 27 those found in chapter 570 or 571 so long as such weapons violations are merely 28 ancillary to such prosecution. HB 3130 7
29 5. The provisions of sections 1.451 to 1.484 shall be applicable to offenses 30 occurring on or after August 28, 2026. 1.484. If any provision of sections 1.411 to 1.484 or the application thereof to any 2 person or circumstance is held invalid, such determination shall not affect the provisions 3 or applications of sections 1.411 to 1.484 that may be given effect without the invalid 4 provision or application, and the provisions of sections 1.411 to 1.484 are severable. [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: 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 al