SPRINGFIELD, Mo Missouri gun owners are concerned about a pre-filed bill... that allows police to take away guns.. based solely on accusations by a family member.
For example if someone at your household or a family member like your mom, dad, sister, brother, or spouse thought that you were in a bad place and shouldn't be in possession of a gun... they could call the police and law enforcement would come take your guns away from you.
Then you would have 14 days to go before a judge and explain that you are fine and not a harm to anyone, to try and get your guns back.
State lawmakers believe this is a step to preventing suicide and domestic violence.
"This bill is to be able to raise our hand and say that I think my brother, my sister might be a harm to themselves or others. And we would like for a short time period to be able to remove their guns." said Deb Lavender, Missouri state representative for district 90 in Kirkwood.
Then that person would have two weeks to argue their case for keeping a gun. But if the ruling stuck...
"Remove their guns from you for a year." said Lavender.
Gun owners like Nick Newman believe that avoids due process of law.
"This assumes that you are guilty, you are going to do something wrong without any evidence based solely on hearsay and accusations." said Newman, owner of Cherokee Firearms.
He thinks that could just be the start to something worse...
"You could be accused of other things and have other freedoms taken away from you." said Newman.
Another piece of the legislation would be to require safe storage of guns.
"If you own a gun you should secure it and store it safely. Keep it out of the hands of someone who shouldn't have it." said Newman.
"Across the nation we see young children finding guns and using them to harm or injure themselves." added Lavender.
And the bill would create a statewide task force to research and study gun violence.
"Why have we had an increase in gun violence, where is it coming from, why is it happening. Can we please study the issue so we can come up with the best practices on what we need to do to reduce it again." said Lavender.
Newman doesn't believe that Senate Bill 42 will become law.
"It seems a little extreme. I don't think that could ever stick because it is such a blatant overreach of authority." explained Newman.
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Missouri: Gun Bills Pre-Filed for 2019 Session
FRIDAY, DECEMBER 21, 2018
With the 2019 Missouri legislative session to start in a few weeks, legislators have been busy pre-filing both pro and anti-gun legislation. The following bills have been introduced to date and we expect more in the coming weeks.
Pro-Gun Legislation
Senate Bill 5, sponsored by Senator David Sater (R-29), would modify and create new provisions relating to the initiative and referendum process.
Senate Bill 39, sponsored by Senator Bob Onder (R-2), would remove the prohibition on law-abiding citizens carrying firearms for self-defense on public transit. In addition, it would also allow law-abiding citizens to transport unloaded or non-functioning firearms on buses.
House Bill 82, sponsored by Representative Justin Hill (R-108), would ensure that gun owners may store firearms in their private vehicles when parked in any parking lot.
Anti-Gun Legislation
Senate Bill 23, sponsored by Senator Jamilah Nasheed (D-5), would allow for an individual’s Second Amendment rights to be suspended without due process with a “firearm restraining order” and for a search warrant to be issued for the firearms to be seized.
Senate Bill 40, sponsored by Senator Jill Schupp (D-24), would impose criminal liability on gun owners who do not follow a one-size-fits-all requirement for storing firearms if a child gains access.
Senate Bill 41, sponsored by Sen. Schupp, would require those convicted of domestic violence offenses to surrender firearms to law enforcement for disposal, with no provision for the owner to have them sold by a dealer or given away to someone who can lawfully possess them.
Senate Bill 42, sponsored by Sen. Schupp, would allow for an individual’s Second Amendment rights to be suspended without due process with an “extreme risk order of protection” and for the respondent to be detained while law enforcement searches for and seizes firearms.
Senate Bill 94, sponsored by Senator Scott Sifton (D-1), would make it illegal for certain individuals who are already prohibited under federal law to possess firearms.
Senate Bill 163, sponsored by Sen. Schupp, would criminalize private firearm transfers.
House Bill 40, sponsored by Representative Deb Lavender (D-90), would allow for an individual’s Second Amendment rights to be suspended without due process with a “firearm restraining order” and for a search warrant to be issued for the firearms to be seized.
House Bill 56, sponsored by Representative Gretchen Bangert (D-69), would require firearms being transported in vehicles to be unloaded and stored in a locked case, trunk, or other secure container. It would also prohibit handguns being transported in vehicle cabins from being left unattended.
House Bill 162, sponsored by Representative Richard Brown (D-27), would ban certain firearm accessories that do not fundamentally change how a semi-automatic firearm operates.
House Bill 163, sponsored by Rep. Brown, would make it illegal for certain individuals who are already prohibited under federal law to possess firearms.
House Bill 210, sponsored by Representative Greg Razer (D-25), would criminalize private firearm transfers.
House Bill 235, sponsored by Representative Bruce Franks (D-78), would set requirements for how gun owners must report lost or stolen firearms.
Gun-owner advocates in Missouri are sounding the alarm about a pile of gun-control bills that have been pre-filed for the 2019 legislative session. One in particular would allow law enforcement to confiscate a person's guns based on allegations by a family or household member, and Aaron Dorr, Policy Advisor with the Missouri Firearms Coalition, warns that bill (SB 42) should be considered a “red flag gun seizure law” for all Missourians.
READ MORE HERE:
https://www.lakeexpo.com/news/politics/missouri-gun-owners-are-guilty-until-proven-innocent-in-proposed/article_da943ade-0235-11e9-92b0-178ee463ddd2.html
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