This page was last modified on Friday, September 03, 2010
I believe that the law updates are current at this time.
If I have missed something or stated something incorrectly please let me know.
It is your responsibility to know the laws that apply to you.
I do my best to try to keep you up to date.
I am not responsible for errors or omissions.
If you see that I made a mistake or left something out, please, let me know so that I can correct it.
Remember: For links to the Missouri Revised Statues click the "Links" tab at top of page.
Sorry but I had to say it.
Explanations and discussion are on Missouri Shooting Star facebook page "Discussions" tab.
HB 1692 Has been Signed by Governor Nixon on July 12, 2010.
Effective date for HB 1692 will be 8-28-2010
HB 1692 has additions andseveral changes in wording that affect defense,weapons, and concealed carry.
Existing
Chapter 563
Defense of Justification
August 28, 2009
Chapter definitions.
563.011. As used in this chapter the following terms shall mean:
(6) "Remain after unlawfully entering", to remain in or upon premises after unlawfully entering as defined in this section;
(7) "Residence", a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest;
(8) "Unlawfully enter", a person unlawfully enters in or upon premises when he or she enters such premises and is not licensed or privileged to do so. A person who,
regardless of his or her purpose, enters in or upon premises that are at the time open to the public does so with license unless he or she defies a lawful order not to
enter, personally communicated to him or her by the owner of such premises or by another authorized person. A license to enter in a building that is only partly open
to the public is not a license to enter in that part of the building that is not open to the public.
New - (6) is new, (7) becomes (8), (8) becomes (9)
Chapter 563
Defense of Justification
August 28, 2010
Chapter definitions.
563.011. As used in this chapter the following terms shall mean:
(6) "Private property", any real property in this state that is privately owned or leased;
(7) "Remain after unlawfully entering", to remain in or upon premises after unlawfully entering as defined in this section;
[(7)] (8) "Residence", a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest;
[(8)] (9) "Unlawfully enter", a person unlawfully enters in or upon premises or private property when he or she enters such premises or private property and is not
licensed or privileged to do so. A person who, regardless of his or her purpose, enters in or upon private property or premises that are at the time open to the public
does so with license unless he or she defies a lawful order not to enter, personally communicated to him or her by the owner of such premises or by another
authorized person. A license to enter in a building that is only partly open to the public is not a license to enter in that part of the building that is not open to the public.
Existing
Chapter 563
Defense of Justification
August 28, 2009
Use of force in defense of persons.
563.031
2. A person may not use deadly force upon another person under the circumstances specified in subsection 1 of this section unless:
(1) He or she reasonably believes that such deadly force is necessary to protect himself or herself or another against death, serious physical injury, or any forcible
felony; or
(2) Such force is used against a person who unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter a dwelling, residence, or vehicle
lawfully occupied by such person.
3. A person does not have a duty to retreat from a dwelling, residence, or vehicle where the person is not unlawfully entering or unlawfully remaining.
5. The defendant shall have the burden of injecting the issue of justification under this section.
New - 2.(2) "or" is added as the last word 2.(3) is new, 3.The second sentence has been added, 5. The second sentence has been added
Chapter 563
Defense of Justification
August 28, 2010
Use of force in defense of persons.
563.031
2. A person may not use deadly force upon another person under the circumstances specified in subsection 1 of this section unless:
(1) He or she reasonably believes that such deadly force is necessary to protect himself or herself or another against death, serious physical injury, or any forcible
felony; [or]
(2) Such force is used against a person who unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter a dwelling, residence, or vehicle
lawfully occupied by such person; or
(3) Such force is used against a person who unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter private property that is owned or
leased by an individual claiming a justification of using protective force under this section.
3. A person does not have a duty to retreat from a dwelling, residence, or vehicle where the person is not unlawfully entering or unlawfully remaining. A person does
not have a duty to retreat from private property that is owned or leased by such individual.
5. The defendant shall have the burden of injecting the issue of justification under this section. If a defendant asserts that his or her use of force is described under
subdivision (2) of subsection 2 of this section, the burden shall then be on the state to prove beyond a reasonable doubt that the defendant did not reasonably believe
that the use of such force was necessary to defend against what he or she reasonably believed was the use or imminent use of unlawful force.
Existing
Chapter 571
Weapons Offenses
August 28, 2009
Unlawful use of weapons--exceptions--penalties.
571.030.
1. A person commits the crime of unlawful use of weapons if he or she knowingly:
(5) Possesses or discharges a firearm or projectile weapon while intoxicated; or
2. Subdivisions (1), (3), (4), (6), (7), (8), (9) and (10) of subsection 1 of this section shall not apply to or affect any of the following:
New-1.(5)change, 2.add text after the word "following", 2. (1) change word "possessing" to "who possess", 2.(10)is added
Chaapter 571
Weapons Offenses
August 28, 2010
Unlawful use of weapons--exceptions--penalties.
571.030
1.
(5) [Possesses or discharges a firearm or projectile weapon while intoxicated] Has a firearm or projectile weapon readily capable of lethal use on his or her person,
while he or she is intoxicated, and handles or otherwise uses such firearm or projectile weapon in either a negligent or unlawful manner or discharges such firearm or
projectile weapon unless acting in self-defense;
2. Subdivisions (1), (3), (4), (6), (7), (8), (9) and (10) of subsection 1 of this section shall not apply to or affect any of the following when such uses are reasonably
associated with or are necessary to the fulfillment of such person's official duties:
(1) All state, county and municipal peace officers who have completed the training required by the police officer standards and training commission pursuant to
sections 590.030 to 590.050, RSMo, and [possessing] who possess 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, whether such officers are on or off duty, and whether such officers are within or outside of the law
enforcement agency's jurisdiction, or all qualified retired peace officers, as defined in subsection 10 of this section, and who carry the identification defined in
subsection 11 of this section, or any person summoned by such officers to assist in making arrests or preserving the peace while actually engaged in assisting such
officer;
(10) Any prosecuting attorney or assistant prosecuting attorney or any circuit attorney or assistant circuit attorney who has completed the firearms safety training
course required under subsection 2 of section 571.111.
Existing
Chapter 571
Weapons Offenses
August 28, 2009
Possession of firearm unlawful for certain persons--penalty.
571.070.
1. A person commits the crime of unlawful possession of a firearm if such person knowingly has any firearm in his or her possession and:
(1) Such person has been convicted of a felony under the laws of this state, or of a crime under the laws of any state or of the United States which, if committed
within this state, would be a felony; or
(2) Such person is a fugitive from justice, is habitually in an intoxicated or drugged condition, or is currently adjudged mentally incompetent.
2. Unlawful possession of a firearm is a class C felony.
New- 3 is new
Chaapter 571
Weapons Offenses
August 28, 2010
Possession of firearm unlawful for certain persons--penalty.
571.070.
1. A person commits the crime of unlawful possession of a firearm if such person knowingly has any firearm in his or her possession and:
(1) Such person has been convicted of a felony under the laws of this state, or of a crime under the laws of any state or of the United States which, if committed
within this state, would be a felony; or
(2) Such person is a fugitive from justice, is habitually in an intoxicated or drugged condition, or is currently adjudged mentally incompetent.
2. Unlawful possession of a firearm is a class C felony.
3. The provisions of subdivision (1) of subsection 1 of this section shall not apply to the possession of an antique firearm.
Existing
Chapter 571
Weapons Offenses
August 28, 2009
Suspension or revocation of endorsements, when--renewal procedures--change of name or residence notification requirements.
571.104
4. Any person issued a concealed carry endorsement pursuant to sections 571.101 to 571.121 shall notify the department of revenue and the sheriffs of both the old
and new jurisdictions of the endorsement holder's change of residence within thirty days after the changing of a permanent residence. The endorsement holder shall
furnish proof to the department of revenue and the sheriff in the new jurisdiction that the endorsement holder has changed his or her residence. The change of
residence shall be made by the department of revenue onto the individual's driving record and the new address shall be accessible by the Missouri uniform law
enforcement system within three days of receipt of the information.
6. If a person issued a concealed carry endorsement changes his or her name, the person to whom the endorsement was issued shall obtain a corrected certificate of
qualification for a concealed carry endorsement with a change of name from the sheriff who issued such certificate upon the sheriff's verification of the name change.
The endorsement holder shall furnish proof of the name change to the department of revenue and the sheriff within thirty days of changing his or her name and display
his or her current driver's license or nondriver's license containing a concealed carry endorsement. The endorsement holder shall apply for a new driver's license or
nondriver's license containing his or her new name. Such application for a driver's license or nondriver's license shall be made pursuant to chapter 302, RSMo. The
director of revenue shall issue a driver's license or nondriver's license with concealed carry endorsement with the endorsement holder's new name if the applicant is
otherwise eligible for such license. The director of revenue shall take custody of the old driver's license or nondriver's license. The name change shall be made by the
department of revenue onto the individual's driving record and the new name shall be accessible by the Missouri uniform law enforcement system within three days of
receipt of the information.
New- 4.(the third sentence is new) 6 ( the second sentence is new)
Chaapter 571
Weapons Offenses
August 28, 2010
Suspension or revocation of endorsements, when--renewal procedures--change of name or residence notification requirements.
571.104
4. Any person issued a concealed carry endorsement pursuant to sections 571.101 to 571.121 shall notify the department of revenue and the sheriffs of both the old
and new jurisdictions of the endorsement holder's change of residence within thirty days after the changing of a permanent residence. The endorsement holder shall
furnish proof to the department of revenue and the sheriff in the new jurisdiction that the endorsement holder has changed his or her residence. The sheriff of the new
jurisdiction may charge a processing fee of not more than ten dollars for any costs associated with notification of a change in residence. The change of residence shall
be made by the department of revenue onto the individual's driving record and the new address shall be accessible by the Missouri uniform law enforcement system
within three days of receipt of the information.
6. If a person issued a concealed carry endorsement changes his or her name, the person to whom the endorsement was issued shall obtain a corrected certificate of
qualification for a concealed carry endorsement with a change of name from the sheriff who issued such certificate upon the sheriff's verification of the name change.
The sheriff may charge a processing fee of not more than ten dollars for any costs associated with obtaining a corrected certificate of qualification. The endorsement
holder shall furnish proof of the name change to the department of revenue and the sheriff within thirty days of changing his or her name and display his or her current
driver's license or nondriver's license containing a concealed carry endorsement. The endorsement holder shall apply for a new driver's license or nondriver's license
containing his or her new name. Such application for a driver's license or nondriver's license shall be made pursuant to chapter 302, RSMo. The director of revenue
shall issue a driver's license or nondriver's license with concealed carry endorsement with the endorsement holder's new name if the applicant is otherwise eligible for
such license. The director of revenue shall take custody of the old driver's license or nondriver's license. The name change shall be made by the department of
revenue onto the individual's driving record and the new name shall be accessible by the Missouri uniform law enforcement system within three days of receipt of the
information.
(4) Any courthouse solely occupied by the circuit, appellate or supreme court, or any courtrooms, administrative offices, libraries or other rooms of any such court
whether or not such court solely occupies the building in question. This subdivision shall also include, but not be limited to, any juvenile, family, drug, or other court
offices, any room or office wherein any of the courts or offices listed in this subdivision are temporarily conducting any business within the jurisdiction of such courts
or offices, and such other locations in such manner as may be specified by supreme court rule pursuant to subdivision (6) of this subsection. Nothing in this
subdivision shall preclude those persons listed in subdivision (1) of subsection 2 of section 571.030 while within their jurisdiction and on duty, those persons listed in
subdivisions (2) [and], (4), and (10) of subsection 2 of section 571.030, or such other persons who serve in a law enforcement capacity for a court as may be
specified by supreme court rule pursuant to subdivision (6) of this subsection from carrying a concealed firearm within any of the areas described in this subdivision.
Possession of a firearm in a vehicle on the premises of any of the areas listed in this subdivision shall not be a criminal offense so long as the firearm is not removed
from the vehicle or brandished while the vehicle is on the premises;
Existing
Chapter 571
Weapons Offenses
August 28, 2009
Endorsement does not authorize concealed firearms, where--penalty for violation.
571.107
1.
(4) Any courthouse solely occupied by the circuit, appellate or supreme court, or any courtrooms, administrative offices, libraries or other rooms of any such court
whether or not such court solely occupies the building in question. This subdivision shall also include, but not be limited to, any juvenile, family, drug, or other court
offices, any room or office wherein any of the courts or offices listed in this subdivision are temporarily conducting any business within the jurisdiction of such courts
or offices, and such other locations in such manner as may be specified by supreme court rule pursuant to subdivision (6) of this subsection. Nothing in this
subdivision shall preclude those persons listed in subdivision (1) of subsection 2 of section 571.030 while within their jurisdiction and on duty, those persons listed in
subdivisions (2) and (4) of subsection 2 of section 571.030, or such other persons who serve in a law enforcement capacity for a court as may be specified by
supreme court rule pursuant to subdivision (6) of this subsection from carrying a concealed firearm within any of the areas described in this subdivision. Possession of
a firearm in a vehicle on the premises of any of the areas listed in this subdivision shall not be a criminal offense so long as the firearm is not removed from the vehicle
or brandished while the vehicle is on the premises;
New- 1.(4) an "and" was removed and replaced with "and (10)" in the following line "while within their jurisdiction and on duty, those persons listed in subdivisions
(2) [and], (4), and (10) of subsection 2 of section 571.030,"
Chaapter 571
Weapons Offenses
August 28, 2010
Endorsement does not authorize concealed firearms, where--penalty for violation.
571.107
1.
(4) Any courthouse solely occupied by the circuit, appellate or supreme court, or any courtrooms, administrative offices, libraries or other rooms of any such court
whether or not such court solely occupies the building in question. This subdivision shall also include, but not be limited to, any juvenile, family, drug, or other court
offices, any room or office wherein any of the courts or offices listed in this subdivision are temporarily conducting any business within the jurisdiction of such courts
or offices, and such other locations in such manner as may be specified by supreme court rule pursuant to subdivision (6) of this subsection. Nothing in this
subdivision shall preclude those persons listed in subdivision (1) of subsection 2 of section 571.030 while within their jurisdiction and on duty, those persons listed in
subdivisions (2) [and], (4), and (10) of subsection 2 of section 571.030, or such other persons who serve in a law enforcement capacity for a court as may be
specified by supreme court rule pursuant to subdivision (6) of this subsection from carrying a concealed firearm within any of the areas described in this subdivision.
Possession of a firearm in a vehicle on the premises of any of the areas listed in this subdivision shall not be a criminal offense so long as the firearm is not removed
from the vehicle or brandished while the vehicle is on the premises;
HB 2081 was signed by Governer Nixon June 25, 2010
Effective date for HB 2081 will be 8-28-2010
HB 2081- Specifies that a pregnant woman may use deadly force if she reasonably believes that deadly force is necessary to protect her unborn child against death,
serious physical injury, or any forcible felony.
Section A. Section 563.031, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 563.031, to read as follows:
563.031. 1. A person may, subject to the provisions of subsection 2 of this section, use physical force upon another person when and to the extent he or she reasonably believes such force to be necessary to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful force by such other person, unless:
(1) The actor was the initial aggressor; except that in such case his or her use of force is nevertheless justifiable provided:
(a) He or she has withdrawn from the encounter and effectively communicated such withdrawal to such other person but the latter persists in continuing the incident by the use or threatened use of unlawful force; or
(b) He or she is a law enforcement officer and as such is an aggressor pursuant to section 563.046; or
(c) The aggressor is justified under some other provision of this chapter or other provision of law;
(2) Under the circumstances as the actor reasonably believes them to be, the person whom he or she seeks to protect would not be justified in using such protective force;
(3) The actor was attempting to commit, committing, or escaping after the commission of a forcible felony.
2. A person may not use deadly force upon another person under the circumstances specified in subsection 1 of this section unless:
(1) He or she reasonably believes that such deadly force is necessary to protect himself, or herself or her unborn child, or another against death, serious physical injury, or any forcible felony; or
(2) Such force is used against a person who unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter a dwelling, residence, or vehicle lawfully occupied by such person.
3. A person does not have a duty to retreat from a dwelling, residence, or vehicle where the person is not unlawfully entering or unlawfully remaining.
4. The justification afforded by this section extends to the use of physical restraint as protective force provided that the actor takes all reasonable measures to terminate the restraint as soon as it is reasonable to do so.
5. The defendant shall have the burden of injecting the issue of justification under this section.