Missouri HB 2266: Modifies provisions relating to unlawful use of weapons

Bill Text

SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 2266
103RD GENERAL ASSEMBLY
5964H.02C JOSEPH ENGLER, Chief Clerk
AN ACT
To repeal section 571.030, RSMo, and to enact in lieu thereof one new section relating to
unlawful use of weapons, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 571.030, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 571.030, to read as follows:
571.030. 1. A person commits the offense of unlawful use of weapons, except as
2 otherwise provided by sections 571.101 to 571.121 and sections 571.205 to 571.230, if he or
3 she knowingly:
4 (1) Carries concealed upon or about his or her person a knife, a firearm, a blackjack
5 or any other weapon readily capable of lethal use into any area where firearms are restricted
6 under section 571.107; or
7 (2) Sets a spring gun; or
8 (3) Discharges or shoots a firearm into a dwelling house, a railroad train, boat,
9 aircraft, or motor vehicle as defined in section 302.010, or any building or structure used for
10 the assembling of people; or
11 (4) Exhibits, in the presence of one or more persons, any weapon readily capable of
12 lethal use in an angry or threatening manner; or
13 (5) Has a firearm or projectile weapon readily capable of lethal use on his or her
14 person, while he or she is intoxicated, and handles or otherwise uses such firearm or projectile
15 weapon in either a negligent or unlawful manner or discharges such firearm or projectile
16 weapon unless acting in self-defense; or
17 (6) Discharges a firearm within one hundred yards of any occupied schoolhouse,
18 courthouse, or church building; or
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.

19 (7) Discharges or shoots a firearm at a mark, at any object, or at random, on, along or
20 across a public highway or discharges or shoots a firearm into any outbuilding; or
21 (8) Carries a firearm or any other weapon readily capable of lethal use into any
22 church or place where people have assembled for worship, or into any election precinct on
23 any election day, or into any building owned or occupied by any agency of the federal
24 government, state government, or political subdivision thereof; or
25 (9) Discharges or shoots a firearm at or from a motor vehicle, as defined in section
26 301.010, discharges or shoots a firearm at any person, or at any other motor vehicle, or at any
27 building or habitable structure, unless the person was lawfully acting in self-defense; or
28 (10) Carries a firearm, whether loaded or unloaded, or any other weapon readily
29 capable of lethal use into any school, onto any school bus, or onto the premises of any
30 function or activity sponsored or sanctioned by school officials or the district school board; or
31 (11) Possesses a firearm while also knowingly in possession of a controlled substance
32 that is sufficient for a felony violation of section 579.015.
33 2. Subdivisions (1), (8), and (10) of subsection 1 of this section shall not apply to the
34 persons described in this subsection, regardless of whether such uses are reasonably
35 associated with or are necessary to the fulfillment of such person's official duties except as
36 otherwise provided in this subsection. Subdivisions (3), (4), (6), (7), and (9) of subsection 1
37 of this section shall not apply to or affect any of the following persons, when such uses are
38 reasonably associated with or are necessary to the fulfillment of such person's official duties,
39 except as otherwise provided in this subsection:
40 (1) All state, county and municipal peace officers who have completed the training
41 required by the police officer standards and training commission pursuant to sections 590.030
42 to 590.050 and who possess the duty and power of arrest for violation of the general criminal
43 laws of the state or for violation of ordinances of counties or municipalities of the state,
44 whether such officers are on or off duty, and whether such officers are within or outside of the
45 law enforcement agency's jurisdiction, or all qualified retired peace officers, as defined in
46 subsection 12 of this section, and who carry the identification defined in subsection 13 of this
47 section, or any person summoned by such officers to assist in making arrests or preserving the
48 peace while actually engaged in assisting such officer;
49 (2) Wardens, superintendents and keepers of prisons, penitentiaries, jails and other
50 institutions for the detention of persons accused or convicted of crime;
51 (3) Members of the Armed Forces or National Guard while performing their official
52 duty;
53 (4) Those persons vested by Article V, Section 1 of the Constitution of Missouri with
54 the judicial power of the state and thos