Missouri SB 948: Modifies provisions relating to penalties for officers of political subdivisions

Bill Text

SECOND REGULAR SESSION
SENATE BILL NO. 948
102ND GENERAL ASSEMBLY
INTRODUCED BY SENATOR BRATTIN.
2819S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 21.750, RSMo, and to enact in lieu thereof one new section relating to penalties
for officers of political subdivisions, with penalty provisions.

Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 21.750, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 21.750, 2
to read as follows:3
21.750. 1. The general assembly hereby occupies and 1
preempts the entire field of legislation touching in any way 2
firearms, components, ammunition and supplies to the 3
complete exclusion of any order, ordinance or regulation by 4
any political subdivision of this state. Any existing or 5
future orders, ordinances or regulations in this field are 6
hereby and shall be null and void except as provided in 7
subsection 3 of this section. 8
2. No county, city, town, village, municipality, or 9
other political subdivision of this state shall adopt any 10
order, ordinance or regulation concerning in any way the 11
sale, purchase, purchase delay, transfer, ownership, use, 12
keeping, possession, bearing, transportation, licensing, 13
permit, registration, taxation other than sales and 14
compensating use taxes or other controls on firearms, 15
components, ammunition, and supplies except as provided in 16
subsection 3 of this section. Any officer of a governing 17
body of a political subdivision who shall violate the 18

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provisions of this section shall be liable for a penalty of 19
one thousand dollars for each and every offense, and shall 20
be guilty of a class A misdemeanor. 21
3. (1) Except as provided in subdivision (2) of this 22
subsection, nothing contained in this section shall prohibit 23
any ordinance of any political subdivision which conforms 24
exactly with any of the provisions of sections 571.010 to 25
571.070, with appropriate penalty provisions, or which 26
regulates the open carrying of firearms readily capable of 27
lethal use or the discharge of firearms within a 28
jurisdiction, provided such ordinance complies with the 29
provisions of section 252.243. No ordinance shall be 30
construed to preclude the use of a firearm in the defense of 31
person or property, subject to the provisions of chapter 563. 32
(2) In any jurisdiction in which the open carrying of 33
firearms is prohibited by ordinance, the open carrying of 34
firearms shall not be prohibited in accordance with the 35
following: 36
(a) Any person with a valid concealed carry 37
endorsement or permit who is open carrying a firearm shall 38
be required to have a valid concealed carry endorsement or 39
permit from this state, or a permit from another state that 40
is recognized by this state, in his or her possession at all 41
times; 42
(b) Any person open carrying a firearm in such 43
jurisdiction shall display his or her concealed carry 44
endorsement or permit upon demand of a law enforcement 45
officer; 46
(c) In the absence of any reasonable and articulable 47
suspicion of criminal activity, no person carrying a 48
concealed or unconcealed firearm shall be disarmed or 49

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physically restrained by a law enforcement officer unless 50
under arrest; and 51
(d) Any person who violates this subdivision shall be 52
subject to the penalty provided in section 571.121. 53
4. The lawful design, marketing, manufacture, 54
distribution, or sale of firearms or ammunition to the 55
public is not an abnormally dangerous activity and does not 56
constitute a public or private nuisance. 57
5. No county, city, town, village or any other 58
political subdivision nor the state shall bring suit or have 59
any right to recover against any firearms or ammunition 60
manufacturer, trade association or dealer for damages, 61
abatement or injunctive relief resulting from or relating to 62
the lawful design, manufacture, marketing, distribution, or 63
sale of firearms or ammunition to the public. This 64
subsection shall apply to any suit pending as of October 12, 65
2003, as well as any suit which may be brought in the 66
future. Provided, however, that nothing in this section 67
shall restrict the rights of individual citizens to recover 68
for injury or death caused by the negligent or defective 69
design or manufacture of firearms or ammunition. 70
6. Nothing in this section shall prevent the state, a 71
county, city, town, village or any other political 72
subdivision from bringing an action against a firearms or 73
ammunition manufacturer or dealer for breach of contract or 74
warranty as to firearms or ammunition purchased by the state 75
or such political subdivision. 76
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