HB 709 -- Domestic Violence

Sponsor:  Fraser

This bill changes the laws regarding domestic violence.  Any
person convicted of domestic assault is prohibited from
possessing a firearm.  Current law prohibits possession of a
concealable firearm by any person convicted of a dangerous felony
and prohibits the issuance of a permit to acquire a concealable
weapon to any person convicted of a felony.

The possession of a firearm is prohibited by any person who is
the subject of an order of protection that restrains the person
from harassing, stalking, or threatening an intimate partner or a
child of the intimate partner.  The order of protection must have
been made after a hearing, and the person must have received
actual notice of the hearing and been provided an opportunity to
participate.  The order of protection must include in its finding
of facts that the person represents a credible threat to the
physical safety of an intimate partner or a child of the intimate
partner.

The issuance of a permit to acquire a concealable weapon is
prohibited to any person who:

(1)  Is the respondent of a full order of protection currently in
effect;

(2)  Has been convicted of violating an order of protection; or

(3)  Has been convicted of domestic assault in the third degree.
Current law prohibits the issuance of a permit to acquire a
concealable weapon to any person convicted of domestic assault in
the first or second degree, which are felony offenses.

A law enforcement officer is allowed to remove a firearm observed
at the scene of an alleged act of domestic violence.  If a
firearm is removed, the owner must be provided with information
about the process for retaking possession of the firearm; and the
law enforcement officer must safely store the firearm while any
court proceeding relating to the alleged act of domestic violence
is pending.  The owner of the firearm may retake possession of
the firearm at the conclusion of the proceeding on the alleged
act of domestic violence.

Missouri House of Representatives
93rd General Assembly, 1st Regular Session
Last Updated August 25, 2005 at 1:20 pm