Missouri HB 1894: Establishes the "Firearm Violence Prevention Act"

Bill Text

SECOND REGULAR SESSION
HOUSE BILL NO. 1894
102ND GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE HEIN.
4354H.01I DANA RADEMAN MILLER, Chief Clerk
AN ACT
To repeal section 542.271, RSMo, and to enact in lieu thereof fifteen new sections relating to
firearms violence prevention, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 542.271, RSMo, is repealed and fifteen new sections enacted in
2 lieu thereof, to be known as sections 542.271, 571.801, 571.802, 571.803, 571.804, 571.805,
3 571.806, 571.808, 571.809, 571.810, 571.811, 571.812, 571.813, 571.814, and 571.815, to
4 read as follows:
542.271. 1. Awarrant may be issued to search for and seize, or photograph, copy or
2 record any of the following:
3 (1) Property, article, material, or substance that constitutes evidence of the
4 commission of a criminal offense; or
5 (2) Property which has been stolen or acquired in any other manner declared an
6 offense by chapters 569 and 570; or
7 (3) Property owned by any person furnishing public communications services to the
8 general public subject to the regulations of the public service commission if such person has
9 failed to remove the property within a reasonable time after receipt of a written notice from a
10 peace officer stating that such property is being used as an instrumentality in the commission
11 of an offense; or
12 (4) Property for which possession is an offense under the law of this state; or
13 (5) Property for which seizure is authorized or directed by any statute of this state; 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.

14 (6) Property which has been used by the owner or used with his acquiescence or
15 consent as a raw material or as an instrument to manufacture or produce any thing for which
16 possession is an offense under the laws of this state.
17 2. A warrant may be issued to search for and rescue a kidnapped person.
18 3. Awarrant may be issued to search for any person for whom a valid felony arrest
19 warrant is outstanding.
20 4. A warrant may be issued to search for and seize any deceased human fetus or
21 corpse, or part thereof.
22 5. Awarrant may be issued to search for and seize any firearm in the possession
23 of a person subject to an extreme risk protection order or temporary extreme risk
24 protectionorderifthereisprobablecausetobelievethepersonisinpossessionofoneor
25 more firearms.
26 6. The provisions of sections 542.261 to 542.296 and section 542.301 shall prevail
27 overanyrulesandregulationspromulgatedbyanystategovernmentalagency,commissionor
28 board, to the contrary notwithstanding.
571.801. Sections 571.801 to 571.815 shall be known and may be cited as the
2 "Firearm Violence Prevention Act".
571.802. As used in sections 571.801 to 571.815, the following terms mean:
2 (1) "Extreme risk protection order", either a temporary order or a continuing
3 order granted under sections 571.801 to 571.815;
4 (2) "Family or household member", with respect to a respondent, any:
5 (a) Person related by blood, marriage, or adoption to the respondent;
6 (b) Person who has a child in common with the respondent, regardless of
7 whether such person has been married to the respondent or has lived together with the
8 respondent at any time;
9 (c) Person who regularly resides with the respondent or regularly resided with
10 the respondent within the last six months;
11 (d) Domestic partner of the respondent;
12 (e) Person who has a biological or legal parent-child relationship with the
13 respondent, including stepparents and stepchildren and grandparents and
14 grandchildren;
15 (f) Dating partner of the respondent; or
16 (g) Person who is acting or has acted as the respondent's legal guardian;
17 (3) "Firearm", any handgun, rifle, shotgun, or other instrument or device
18 capable or intended to be capable of discharging bullets, cartridges, or other explosive
19 charges;
HB 1894 2

20 (4) "Petitioner", the law enforcement officer or agency that petitions for an
21 extreme risk protection order under sections 571.801 to 571.815;
22 (5) "Respondent", the person who is identified as the respondent in a petition
23 filed under sections 571.801 to 571.815.
571.803. 1. A law enforcement officer or agency may request a temporary
2 extreme risk protection order without notice to the respondent by including in the
3 petitionforanextremeriskprotectionorderanaffidavit,signedunderoathandpenalty
4 of perjury, supporting the issuance of a temporary extreme risk protection order that
5 sets forth the facts to establish the grounds of the petition or the reason for believing the
6 groundsexist. Thepetitionshallcomplywiththerequirementsofsubsection3ofsection
7 571.804. If an application described under section 632.305 is also filed relating to the
8 respondent, the court may h