HB 1274 -- Domestic Violence

Sponsor:  Parker

Current law allows a child who is the victim of abuse or stalking
to obtain a child order of protection and an adult who is the
victim of abuse or stalking to obtain an adult order of
protection.  This bill requires adult orders of protection to
apply to any children who are in the custody of the adult seeking
the order, as well as the adult victim.

The bill also specifies a process by which a law enforcement
officer can remove a firearm when responding to the scene of an
alleged act of domestic violence.  If a firearm is removed from
the scene, 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.

The bill requires sheriffs to deny applications and to revoke
permits or registration for concealed weapons pursuant to Section
571.090, RSMo, if the applicant or permit holder is subject to an
existing order of protection, has been convicted of or plead
guilty to domestic assault, or has been convicted of or plead
guilty to a violation of an order of protection in which a
firearm was used or possessed.  The bill also prohibits the
shipment of firearms to or from an individual who is subject to a
restraining order or an order of protection that includes a
finding that the individual represents a credible threat to the
physical safety of an intimate partner or child or prohibits the
use of physical force against an intimate partner or child.  The
shipment of firearms to or from an individual who has been
convicted by a court of a misdemeanor crime of domestic violence
is also prohibited.

Missouri House of Representatives
92nd General Assembly, 2nd Regular Session
Last Updated September 23, 2004 at 11:15 am