SECOND REGULAR SESSION

HOUSE BILL NO. 2221

97TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES PETERS (Sponsor) AND NEWMAN (Co-sponsor).

6494L.01I                                                                                                                                                  D. ADAM CRUMBLISS, Chief Clerk

AN ACT

To amend chapter 571, RSMo, by adding thereto one new section relating to the offense of gun trafficking, with penalty provisions.

Be it enacted by the General Assembly of the state of Missouri, as follows:

            Section A. Chapter 571, RSMo, is amended by adding thereto one new section, to be known as section 571.027, to read as follows:

            571.027. 1. A person commits the offense of gun trafficking if such person:

            (1) Purchases, attempts to purchase, or transfers a firearm with the intent to deliver the firearm to another person who the transferor knows or has reasonable cause to believe is prohibited by federal or state law from possessing a firearm;

            (2) In purchasing, attempting to purchase, or transferring a firearm, intentionally provides false or misleading material information; or

            (3) Knowingly directs, promotes, or facilitates conduct that violates subdivision (1) or (2) of this subsection.

            2. Subsection 1 of this section shall not apply to a firearm that is:

            (1) Lawfully acquired by a person to be given to another person not prohibited from possessing a firearm under federal or state law as a gift; or

            (2) Lawfully received or otherwise acquired by a court-appointed trustee, receiver, or conservator for or on behalf of an estate or creditor or by a person to carry out a bequest, or an acquisition by intestate succession under the laws of this state.

            3. Any person who violates this section is guilty of a class B felony.

            4. If a violation of subsection 1 of this section is committed by a person in concert with five or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management, such person may be sentenced to an additional term of imprisonment of not more than five consecutive years.

            5. Any person who conspires to commit an offense described in this section is guilty of a class C felony.

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