HCS HB 1787 -- FIREARMS AND DEFENSIVE USE OF FORCE

SPONSOR:  Munzlinger (Jones, 117)

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Agri-Business by a vote of 12 to 0.

This substitute changes the laws regarding firearms and the
defensive use of force.  In its main provisions, the substitute:

(1)  Specifies that an individual who owns or leases private
property may use deadly force against a person who unlawfully
enters, remains after unlawfully entering, or attempts to
unlawfully enter the property.  The owner or lessor of the
private property does not have a duty to retreat from the
property;

(2)  Exempts all prosecuting attorneys, assistant prosecuting
attorneys, circuit attorneys, and assistant circuit attorneys who
have completed the firearms safety training course required under
Section 571.111, RSMo, from the general prohibition on carrying
concealed firearms and from certain other restrictions in Section
571.030;

(3)  Specifies that an intoxicated individual will not be charged
with the unlawful use of a weapon while keeping a firearm or
projectile weapon in his or her own residence unless he or she
has the firearm on or about his or her person or has threatened
to retrieve a firearm from an area under his or her control for
the purpose of doing bodily harm;

(4)  Repeals the provisions which specify that a Missouri
resident is only allowed to purchase rifles and shotguns in
states contiguous to Missouri and a resident of a contiguous
state is allowed to purchase these items in Missouri if he or she
conforms to the Federal Gun Control Act of 1968, the laws
regarding these purchases in Missouri, and the laws of the state
in which the purchase was made and allows a Missouri resident or
the resident of any state to make these purchases if he or she
conforms to the federal act and the laws of both states;

(5)  Lowers the minimum age requirement for obtaining a concealed
carry endorsement from 23 to 21 years of age.  To process a
change of address for a concealed carry endorsement, the sheriff
of the new jurisdiction may charge a fee of up to $10; and a
sheriff may charge a fee of up to $10 to change the name on an
endorsement; and

(6)  Adds the conviction of a misdemeanor offense of domestic
violence as grounds to disqualify a person from receiving a
concealed carry endorsement.

FISCAL NOTE:  Estimated Cost on General Revenue Fund of $8,170 in
FY 2011, $0 in FY 2012, and $0 in FY 2013.  No impact on Other
State Funds in FY 2011, FY 2012, and FY 2013.

PROPONENTS:  Supporters say that the right of personal protection
should not be second guessed by bureaucrats and personal safety
is as important as public safety.  The statutory modification
regarding the purchase of rifles and shot guns is necessary to
ensure that a qualified Missouri resident can legally purchase
weapons any where in the United States.

Testifying for the bill were Representative Jones (117); Phillip
Todd; National Rifle Association-Institute for Legislative
Action; Stu Stnickler; and Missouri Family Network.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:12 pm