Missouri SB 11: Provides that all sales of firearms be processed through a licensed firearm dealer who shall conduct background checks

Bill Text

FIRST EXTRAORDINARY SESSION
SENATE BILL NO. 11
100TH GENERAL ASSEMBLY
INTRODUCED BY SENATOR SCHUPP.
Read 1st time July 27, 2020, and ordered printed.
ADRIANE D. CROUSE, Secretary.
5796S.01I
AN ACT
To amend chapter 571, RSMo, by adding thereto two new sections relating to
background checks for the sale and transfer of firearms, 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 two new
2 sections, to be known as sections 571.200 and 571.202, to read as follows:
571.200. As used in section 571.202, the following terms shall
2 mean:
3 (1) "Law enforcement officer", any person employed by the
4 United States, or a state, county, city, municipality, village, township,
5 or other political subdivision as a police officer, peace officer, or in
6 some like position involving the enforcement of the law and protection
7 of the public interest;
8 (2) "Licensed firearms dealer", "licensed dealer", or "dealer", a
9 person who has a valid federal firearms dealer license and all
10 additional licenses required by state or local law to engage in the
11 business of selling or transferring firearms;
12 (3) "Person", any individual, corporation, company, association,
13 firm, partnership, club, organization, society, joint stock company, or
14 other entity.
571.202. 1. No person shall sell or otherwise transfer a firearm,
2 including selling or transferring a firearm via the internet, unless:
3 (1) Such person is a licensed firearms dealer;
4 (2) The purchaser or other transferee is a licensed firearms
5 dealer; or
6 (3) The requirements of subsections 2 or 3 of this section are met.

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7 2. If neither party to a prospective firearms transaction is a
8 licensed firearms dealer, the parties to the transaction shall complete
9 the sale or other transfer through a licensed firearms dealer as follows:
10 (1) The dealer shall process the sale or other transfer as if he or
11 she were the seller or other transferor. The dealer shall comply with
12 all requirements of federal, state, and local law that would apply if he
13 or she were the seller or other transferor of the firearm;
14 (2) The dealer shall conduct a background check on the
15 purchaser or other transferee in accordance with 18 U.S.C. Section
16 922(t), and state and local law and, if the transaction is not prohibited,
17 deliver the firearm to that person after all other legal requirements are
18 met; and
19 (3) The dealer may require the purchaser or other transferee to
20 pay a fee covering the administrative costs incurred by the dealer for
21 facilitating the transfer of the firearm, plus applicable fees pursuant to
22 federal, state, and local law.
23 3. A trustee, under the authority of a trust, or a personal
24 representative, executor, or administrator of an estate shall, before
25 transferring any firearm to an heir or devisee, complete the transfer
26 through a licensed dealer according to the provisions of subdivisions
27 (1) and (2) of subsection 2 of this section. If the transaction is
28 prohibited, then the heir or devisee may authorize a transfer of a
29 firearm to a specific individual to whom the transaction is not
30 prohibited, or the dealer may sell the firearm and give the proceeds to
31 the heir or devisee.
32 4. Notwithstanding any provision of law to the contrary, neither
33 the state nor any political subdivision shall require any federally
34 licensed firearms dealer to supply a list of all of his or her transactions
35 conducted under the provisions of subsections 2 or 3 of this section. All
36 records shall be maintained by the licensed dealer in accordance with
37 federal law.
38 5. The provisions of subsections 1 and 2 of this section shall not
39 apply to:
40 (1) Any law enforcement or corrections agency, or law
41 enforcement or corrections officer acting within the course and scope
42 of his or her employment or official duties;
43 (2) A United States Marshal or member of the Armed Forces of

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44 the United States or the National Guard, or a federal official
45 transferring or receiving a firearm as required in the operation of his
46 or her official duties;
47 (3) A gunsmith who receives a firearm solely for the purposes of
48 service or repair, or the return of the firearm to its owner by the
49 gunsmith;
50 (4) A common carrier, warehouseman, or other person engaged
51 in the business of transportation or storage, to the extent that the
52 receipt of any firearm is in the ordinary course of business and not for
53 the personal use of any such person;
54 (5) A person who is loaned a firearm solely for the purpose of
55 shooting at targets, if the loan occurs on the premises of a properly
56 licensed target facility, and the firearm is at all times kept within the
57 premises of the target range;
58 (6) A person who is under eighteen years of age who is loaned a
59 firearm for lawful hunting or sporting purposes o