Missouri HB 126: Establishes extreme risk protection orders and gun violence seizure warrants and prohibits certain persons involved in domestic violence from possessing a firearm

Bill Text

FIRST REGULAR SESSION
HOUSE BILL NO. 126
101ST GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE MACKEY.
0108H.01I DANA RADEMAN MILLER, Chief Clerk
AN ACT
To amend chapter 571, RSMo, by adding thereto seven new sections relating to extreme risk
protection orders, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 571, RSMo, is amended by adding thereto seven new sections, to be
2 known as sections 571.600, 571.605, 571.610, 571.615, 571.620, 571.635, and 571.640, to read
3 as follows:
571.600. As used in sections 571.600 to 571.640, the following terms mean:
2 (1) "Extreme risk protection order" or "ERPO", a court order prohibiting a
3 person from purchasing, owning, possessing, or controlling a firearm for a period up to one
4 year;
5 (2) "Firearm seizure warrant", a court order directing law enforcement to seize
6 any firearm in the possession of a respondent;
7 (3) "Respondent", the person against whom an extreme risk protection order is
8 requested in a petition or, if the order is issued, the person subject to and named in an
9 extreme risk protection order.
571.605. 1. Any person may petition a court for an extreme risk protection order
2 (ERPO). The petition shall set forth facts and circumstances that necessitate the issuance
3 of an ERPO against a respondent. The court may prescribe the format of the petition.
4 2. A court shall issue an ERPO if, based on an affidavit of the petitioner and any
5 other provided information, the court finds probable cause that the respondent poses a
6 significant risk of personal injury to himself, herself, or others by owning or possessing a
7 firearm.
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.

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8 3. In determining whether grounds for an extreme risk protection order exist, the
9 court may question the petitioner and any witnesses produced by the petitioner under oath.
10 The court:
11 (1) Shall consider:
12 (a) Any recent violation of a restraining order by the respondent; and
13 (b) Any conviction of the respondent for a weapons offense; and
14 (2) May consider:
15 (a) The reckless use, display, or brandishing of a firearm by the respondent;
16 (b) Any actual, attempted, or threatened use of violence by the respondent directed
17 toward another person;
18 (c) Any recent actual, attempted, or threatened violence by the respondent directed
19 toward himself or herself;
20 (d) Any arrest of the respondent for a felony offense;
21 (e) Whether the respondent ever violated a protective order under chapter 455;
22 (f) Whether the respondent is or has ever abused a controlled substance or alcohol;
23 and
24 (g) Whether the respondent owns, possesses, recently acquired, or can access any
25 firearms or other deadly weapons.
26 4. The petitioner's affidavit shall attest facts that establish the grounds of the
27 petition. In lieu of a written affidavit, the court may take an oral statement under oath.
28 5. An ERPO shall include:
29 (1) A statement of the grounds for the order;
30 (2) The date and time the order expires;
31 (3) The address of the circuit court with jurisdiction over the respondent's primary
32 residence;
33 (4) An order that the respondent shall not own, possess, purchase, receive, or
34 attempt to purchase or receive a firearm while the order is in effect;
35 (5) An order that any firearms owned or possessed by the respondent shall be
36 surrendered to law enforcement;
37 (6) A statement that the respondent is entitled to request, in writing, one hearing
38 to modify or rescind the order at any time the ERPO is in effect; and
39 (7) A statement that the respondent may seek legal advice from an attorney
40 regarding the order.
571.610. 1. If there is probable cause to believe that a respondent subject to an
2 extreme risk protection order (ERPO) possesses or owns a firearm, the court shall issue a

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3 firearm seizure warrant to the appropriate law enforcement agency that directs the agency
4 to seize and retain any specified firearms.
5 2. A firearm seizure warrant shall be issued for any firearm specifically listed in
6 the ERPO.
7 3. A firearm specifically described in the firearm seizure warrant may be taken
8 from any place or from any person in possession of the firearm.
9 4. If a law enforcement officer takes a firearm under a firearm seizure warrant, the
10 officer shall give a receipt that describes the seized property to the person from whom it
11 was taken. In the absence of a person, the officer shall leave the receipt in the place where
12 the property was found.
13 5. If the firearm seizure warrant is executed in a location occupied by multiple
14 parties and a firearm owned by a person other than the respondent is located, the firearm
15 shall not be seized if the firearm is stored in a manner inaccessible