FIRST REGULAR SESSION
HOUSE BILL NO. 1013
91ST GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES CRUMP AND HAMPTON (Co-sponsors).
Read 1st time March 15, 2001, and 1000 copies ordered printed.
TED WEDEL, Chief Clerk
AN ACT
To repeal sections 571.030 and 571.070, RSMo 2000, and to enact in lieu thereof two new sections relating to weapons, with penalty provisions.
Section A. Sections 571.030 and 571.070, RSMo 2000, are repealed and two new sections enacted in lieu thereof, to be known as sections 571.030 and 571.070, to read as follows:
571.030. 1. A person commits the crime of unlawful use of weapons if he or she knowingly:
(1) Carries concealed upon or about his or her person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use; or
(2) Sets a spring gun; or
(3) Discharges or shoots a firearm into a dwelling house, a railroad train, boat, aircraft, or motor vehicle as defined in section 302.010, RSMo, or any building or structure used for the assembling of people; or
(4) Exhibits, in the presence of one or more persons, any weapon readily capable of lethal use in an angry or threatening manner; or
(5) Exhibits, in the presence of one or more persons, while on any school bus, or on the premises of any school or on the premises of any function or activity sponsored or sanctioned by school officials or the district school board, a firearm readily capable of lethal use in an angry or threatening manner; or
[(5)] (6) Possesses or discharges a firearm or projectile weapon while intoxicated; or
[(6)] (7) Discharges a firearm within one hundred yards of any occupied schoolhouse, courthouse, or church building; or
[(7)] (8) Discharges or shoots a firearm at a mark, at any object, or at random, on, along or across a public highway or discharges or shoots a firearm into any outbuilding; or
[(8)] (9) Carries a firearm or any other weapon readily capable of lethal use into any church or place where people have assembled for worship, or into any election precinct on any election day, or into any building owned or occupied by any agency of the federal government, state government, or political subdivision thereof, or into any public assemblage of persons met for any lawful purpose; or
[(9)] (10) Discharges or shoots a firearm at or from a motor vehicle, as defined in section 301.010, RSMo, while within any city, town, or village, and discharges or shoots a firearm at any person, or at any other motor vehicle, or at any building or habitable structure, unless the person was lawfully acting in self-defense; or
[(10)] (11) Carries a firearm, whether loaded or unloaded, or any other weapon readily capable of lethal use into any school, onto any school bus, or onto the premises of any function or activity sponsored or sanctioned by school officials or the district school board[.]; or
(12) Carries a firearm, readily capable of lethal use, into any school, onto any school bus, or onto the premises of any function or activity sponsored or sanctioned by school officials or the district school board with the intent to use it.
2. Subdivisions (1), (3), (4), [(6), (7), (8), (9) and (10)] (5), (7), (8), (9), (10), (11) and (12) of subsection 1 of this section shall not apply to or affect any of the following:
(1) All state, county and municipal law enforcement officers possessing the duty and power of arrest for violation of the general criminal laws of the state or for violation of ordinances of counties or municipalities of the state, or any person summoned by such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer;
(2) Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime;
(3) Members of the armed forces or national guard while performing their official duty;
(4) Those persons vested by article V, section 1 of the Constitution of Missouri with the judicial power of the state and those persons vested by article III of the Constitution of the United States with the judicial power of the United States, the members of the federal judiciary;
(5) Any person whose bona fide duty is to execute process, civil or criminal;
(6) Any federal probation officer;
(7) Any state probation or parole officer, including supervisors and members of the board of probation and parole; and
(8) Any corporate security advisor meeting the definition and fulfilling the requirements of the regulations established by the board of police commissioners under section 84.340, RSMo.
3. Subdivisions (1), [(5), (8) and (10)] (6), (9), (11) and (12) of subsection 1 of this section do not apply when the actor is transporting such weapons in a nonfunctioning state or in an unloaded state when ammunition is not readily accessible or when such weapons are not readily accessible. Subdivision (1) of subsection 1 of this section does not apply when the actor is also in possession of an exposed firearm or projectile weapon for the lawful pursuit of game, or is in his dwelling unit or upon business premises over which the actor has possession, authority or control, or is traveling in a continuous journey peaceably through this state. [Subdivision (10)] Subdivisions (11) and (12) of subsection 1 of this section [does] do not apply if the firearm is otherwise lawfully possessed by a person while traversing school premises for the purposes of transporting a student to or from school, or possessed by an adult for the purposes of facilitation of a school-sanctioned firearm- related event.
4. Nothing in this section shall make it unlawful for a student to actually participate in school-sanctioned gun safety courses, student military or ROTC courses, or other school-sponsored firearm-related events, provided the student does not carry a firearm or other weapon readily capable of lethal use into any school, onto any school bus, or onto the premises of any function or activity sponsored or sanctioned by school officials or the district school board.
5. Unlawful use of weapons is a class D felony unless committed pursuant to subdivision [(5), (6), (7) or (8)] (6), (7), (8) or (9) of subsection 1 of this section, in which cases it is a class B misdemeanor, or subdivision [(10)] (11) of subsection 1 of this section, in which case it is a class A misdemeanor if the firearm is unloaded and a class D felony if the firearm is loaded, or subdivision [(9)] (10) of subsection 1 of this section, in which case it is a class B felony, except that if the violation of subdivision [(9)] (10) of subsection 1 of this section results in injury or death to another person, it is a class A felony[.], or subdivision (5) or (12) of subsection 1 of this section in which case it is a felony for which the authorized term of imprisonment is a term of years not less than five and not to exceed seven years.
6. Violations of subdivision [(9)] (10) of subsection 1 of this section shall be punished as follows:
(1) For the first violation a person shall be sentenced to the maximum authorized term of imprisonment for a class B felony;
(2) For any violation by a prior offender as defined in section 558.016, RSMo, a person shall be sentenced to the maximum authorized term of imprisonment for a class B felony without the possibility of parole, probation or conditional release for a term of ten years;
(3) For any violation by a persistent offender as defined in section 558.016, RSMo, a person shall be sentenced to the maximum authorized term of imprisonment for a class B felony without the possibility of parole, probation, or conditional release;
(4) For any violation which results in injury or death to another person, a person shall be sentenced to an authorized disposition for a class A felony.
7. Any person knowingly aiding or abetting any other person in the violation of subdivision [(9)] (10) of subsection 1 of this section shall be subject to the same penalty as that prescribed by this section for violations by other persons.
571.070. 1. A person commits the crime of unlawful possession of a concealable firearm if he or she has any concealable firearm in his or her possession and:
(1) He or she has pled guilty to or has been convicted of a dangerous felony, as defined in section 556.061, RSMo, or of an attempt to commit a dangerous felony, or of a crime under the laws of any state or of the United States which, if committed within this state, would be a dangerous felony, or confined therefor in this state or elsewhere during the five-year period immediately preceding the date of such possession; or
(2) At the same time he or she possesses or has under his or her control any controlled substance except thirty-five grams or less of marijuana; or
(3) He or she is a fugitive from justice, is habitually in an intoxicated or drugged condition, or is currently adjudged mentally incompetent.
2. Unlawful possession of a concealable firearm committed pursuant to subdivisions (1) and (2) of subsection 1 of this
section, is a felony for which the authorized term of imprisonment is a term of years not less than five years and not
to exceed seven years; unlawful possession of a concealable firearm committed pursuant to subdivision (3) of
subsection 1 of this section is a class C felony.
Missouri House of Representatives