WMSA
LEGISLATIVE UPDATE
30 January 2006
Greg Jeffery
Welcome to another year of legislative activity in the Great State of Missouri. The 2006 session will be the last session before the mid-term elections later in November of this year.

There are several bills that have been introduced that are of interest to our various pro-gun-owner organizations and we need to stay coordinated on our stances on the legislation introduced and debated by
our state legislators.

At the current time, many all of the bills listed have been read and assigned to various committees. The committees will assign calendar dates at which they will hear testimony in favor and against the bills. As the assigned committee dates become available, we will post them to the various websites.

Each bill has a short description of the contents plus which committee the bill has been assigned to. Included is the website where you can go view the bill information for other information including the bill text.



HOUSE BILLS BEING CONSIDERED

The House is considering several bills that address the desire to allow people who use deadly force in lawful acts of defense to be immune from criminal/civil prosecution. Some bills limit the "no retreat" concept to
physical structures such as your home or business. Many of the bills listed have the same or similar sponsors/cosponsors. That is because the concepts legal interpretation is being revised and the revisions are
being introduced via new bills not by revising previously introduced bills. The latest version of the concept is HB1461 shown below. This is the version that you should expect to see move and be debated.

HB1103 - DEFENSIVE USE OF FORCE - Jones, Kenny
< http://www.house.mo.gov/bills061/bills/hb1103.htm>  [See HB1461]
HB1103. Creates a presumption in certain circumstances that a person
using deadly force has a reasonable fear of death or harm and allows
that person immunity in certain circumstances for use of defensive
force. Referred: Special Committee on General Laws (H).
http://www.house.mo.gov/bills061/bills/hb1103.htm

HB1110 - USE OF DEFENSIVE FORCE - Wood, Dennis
< http://www.house.mo.gov/bills061/bills/hb1110.htm>   [See HB1461]
HB1110. Specifies that a person with the lawful right to be in a
particular place who fears death or physical injury from another person
may use defensive force against that person without criminal
prosecution. Referred: Special Committee on General Laws (H).
http://www.house.mo.gov/bills061/bills/hb1110.htm

HB1375 - DEFENSIVE USE OF FORCE - Munzlinger, Brian
< http://www.house.mo.gov/bills061/bills/hb1375.htm >    [See HB1461]
HB1375. Creates a presumption in certain circumstances that a person
using deadly force has a reasonable fear of death or harm and grants
immunity in certain circumstances for use of force. Referred: Special
Committee on General Laws (H).
http://www.house.mo.gov/bills061/bills/hb1375.htm

HB1461 - DEFENSIVE USE OF FORCE - Ruestman, Marilyn
< http://www.house.mo.gov/bills061/bills/hb1461.htm >     [SUPOORT]
HB1461. Changes the laws regarding defensive use of force.
Referred: Special Committee on General Laws (H).
http://www.house.mo.gov/bills061/bills/hb1461.htm
     Summary: This bill allows the justifiable use of deadly force in
several new circumstances against persons who pose an imminent threat of
harm.  The duty to retreat before using either deadly force or mere
physical force is not required as long as the person using deadly force
or physical force is not unlawfully present at the location where the
altercation occurs.
     Anyone who takes actions that create a reasonable fear of imminent
harm in another person and who unlawfully enters or remains in vehicles,
ships, airplanes, churches, schools, government offices, entertainment
establishments, public transportation, or any structure where a person
lives or conducts business may be subject to the legitimate use of
deadly force.
     Anyone who uses force in a lawful manner will be immune from both
civil and criminal penalties.  If anyone sues a person who is ultimately
found to have acted lawfully in using defensive force, the plaintiff and
his or her attorney must pay court costs and any expenses incurred by
the defendant as a result of the lawsuit.

CALL the "Special Committee on General Laws." Ask them to support
passage of HB1461. Ask them to send HB1461 to the House with a
recommendation of "Do Pass." You can contact the Committee members at
the numbers listed below:

It is very probable that the four bills listed above will be replaced
with HB1461. This is the best bill so far in that it does not limit your
"no retreat" options to your home and/or business.

OTHER HOUSE BILLS

HB1032 - SALE OF FIREARMS - Day, David
< http://www.house.mo.gov/bills061/bills/hb1032.htm >    [Under
Consideration]
HB1032. Authorizes a court to order the sale of firearms and ammunition
used in the commission of a crime. Referred: Special Committee on
General Laws (H).
http://www.house.mo.gov/bills061/bills/hb1032.htm
Currently, a court may order the confiscation and disposal of firearms
and ammunition used in the commission of a crime.  This bill authorizes
the court to sell those firearms and ammunition.


HB1054 - CONCEALED CARRY ENDORSEMENTS - Jolly, Cathy
< http://www.house.mo.gov/bills061/bills/hb1054.htm >    [OPPOSE]
HB1054. Changes the concealed carry law by limiting the validity of a
concealed carry permit from another state to 30 days. Referred: Special
Committee on General Laws (H).
http://www.house.mo.gov/bills061/bills/hb1054.htm
Ms. Jolly is no friend of gun owners. This bill would require Missouri
citizens to get a Missouri LTC and invalidate any out-of-state permits
held by a Missouri resident. We oppose this bill.
Tell the members of the Special Committee that you oppose this bill and
to NOT vote this bill out of committee.

CONTACT THE REPRESENTATIVES ON THE "SPECIAL COMMITTEE"

http://www.house.mo.gov/bills061/bilsum/intro/cpyright.htmSpecial
Committee On General Laws
Roark, Brad < http://www.house.mo.gov/bills061/member/mem139.htm>
(Chair): R-139, 573-751-2948 (office), 573-522-9264(fax),
Brad.Roark@house.mo.gov
Bowman, John L. < http://www.house.mo.gov/bills061/member/mem070.htm> :
D-70, 573-751-4726 (office), 573-522-1778 (fax),
john.bowman@house.mo.gov
Cooper, Shannon < http://www.house.mo.gov/bills061/member/mem120.htm> :
R-120, 573-751-1484 (office), 573-522-5598 (fax),
Shannon.Cooper@house.mo.gov
Darrough, Bruce < http://www.house.mo.gov/bills061/member/mem075.htm> :
D-75, 573-751-9760 (office), 573-526-1393 (fax),
Bruce.Darrough@house.mo.gov
Hunter, Steve < http://www.house.mo.gov/bills061/member/mem127.htm> :
R-127, 573-751-5458 (office), Steve.Hunter@house.mo.gov
Parson, Michael < http://www.house.mo.gov/bills061/member/mem133.htm> :
R-133, 573-751-1347 (office), mike.parson@house.mo.gov
Whorton, James < http://www.house.mo.gov/bills061/member/mem003.htm> :
D-3, 573-751-1649 (office), Jim.Whorton@house.mo.gov
Yates, Brian David < http://www.house.mo.gov/bills061/member/mem056.htm>
: R-56, 573-751-0907 (office), 573-526-1776 (fax),
Brian.Yates@house.mo.gov




SENATE BILLS BEING CONSIDERED


SB571 - Cauthorn  [SUPPORT]
Modifies the law on using justifiable force to protect persons and
property.            
Referred: Judiciary and Civil & Criminal Jurisprudence Committee.
http://www.house.mo.gov/bills061/bills/sb571.htm
Senate's version of the no retreat law. Not yet updated to the current
version in the House [HB1461].


SB628 - Wilson  [OPPOSE]
Makes possession or discharge of stun guns/taser guns an unlawful use of
a weapon.
Referred: Judiciary and Civil & Criminal Jurisprudence Committee.
http://www.house.mo.gov/bills061/bills/sb628.htm
Continuing to expose the anti-self-defense nature of the "progressive"
movement, this bill would outlaw tasers and stun guns because criminals
might use them.


SB699 - Bray  [OPPOSE]
Creates the crime of negligent storage of a firearm. Referred: Judiciary
and Civil & Criminal Jurisprudence Committee.
http://www.house.mo.gov/bills061/bills/sb699.htm
Senator Bray's annual attempt to "Lock Up Your Safety." The triggerlock
idea is a flagship effort of the anti-gun-owner crowd and basically
makes it illegal to have a wepon available to use for self defense. This
is a bad idea each and every year it has been introduced and we oppose
it still. Let the committee members know that you OPPOSE this bill.


SB731 - Cauthorn  [SUPPORT]
Eliminates the requirement that one must obtain a concealable firearm
permit before acquiring a handgun. Referred: Judiciary and Civil &
Criminal Jurisprudence.
http://www.house.mo.gov/bills061/bills/sb731.htm
This bill repeals in its entirety section 571.090 thus doing away with
the antiquated and often misinterpreted Permit-To-Acquire [PTA]. Being
an election year this may be a tall order but let the committee members
know that you support this legislation.


SB919 - Scott   [SUPPORT]
Repeals the statute permitting the city council of a third-class city to
prohibit the carrying of concealed weapons. Referred: Economic
Development, Tourism & Local Government.
http://www.house.mo.gov/bills061/bills/sb919.htm
This act repeals the statute permitting the city council of any third
class city to prohibit and punish the carrying of a concealed deadly
weapon. We support this bill.


SB922 - Wilson  [OPPOSE]
Expands the crime of unlawful use of weapons to include discharging a
firearm for celebrating in an urban area. Referred: Judiciary and Civil
& Criminal Jurisprudence.
http://www.house.mo.gov/bills061/bills/sb922.htm



Economic Development, Tourism & Local Government Committee

John Griesheimer, R-26, Chair
< http://www.senate.mo.gov/06info/members/mem26.htm>  : 573-751-3678
(Office), 573-526-2609 (fax)
Chris Koster, R-31, Vice-chair
< http://www.senate.mo.gov/06info/members/mem31.htm> : 573-751-1430
(Office), 573-751-9751 (fax)
Jason Crowell, R-27: 573-751-2459 (Office), 573-522-9289 (fax)
Kevin Engler, R-3: 573-751-3455 (Office), 572-522-9318 (fax) 
Jack Goodman, R-29: 573-751-2234 (Office), 573-526-9808 (fax)
Carl Vogel, R-6: 573-751-2076 (Office), 573-751-2582 (fax) 
Harry Kennedy, D-1: 573-751-2126 (Office), 573-522-2465 (fax)
Charles Wheeler, D-10: 573-751-2788 (Office), 573-751-9776 (fax) 
Yvonne Wilson, D-9: 573-751-9758 (Office), 573-522-4626 (fax)


Judiciary and Civil & Criminal Jurisprudence Committee

Matt Bartle, R-8, Chair
< http://www.senate.mo.gov/06info/members/mem08.htm>  : 573-751-1464
(Office), 573-751-8442 (fax)
Rob Mayer, R-25, V-Chair
< http://www.senate.mo.gov/06info/members/mem25.htm> : 573-751-3859
(Office), 573-526-1384 (fax),
Bill Alter, R-22: 573-751-1492 (Office)
Jason Crowell, R-27: 573-751-2459 (Office), 573-522-9289 (fax)
Jack Goodman, R-29: 573-751-2234 (Office), 573-526-9808 (fax)
Chris Koster, R-31: 573-751-1430 (Office), 573-751-9751 (fax) 
Victor Callahan, D-11: 573-751-3074 (Office), 573-751-4551 (fax) 
Chuck Graham, D-19: 573-751-2162 (Office),
E-Mail:Chuck.Graham@senate.mo.gov
Charles Wheeler, D-10: 573-751-2788 (Office), 573-751-9776 (fax) 


Go to the following link to email the senators about the above listed
bills.
http://www.senate.mo.gov/webmail/mail_form.aspx


Please contact the above listed Senators and Representatives and ask
them to act on the listed bills accordingly.