Missouri Revised Statutes
Chapter 21 - General Assembly
Section 21.750 - Firearms legislation preemption by general assembly, exceptions — limitation on civil recovery against firearms or ammunitions manufacturers, when, exception.

Effective - 28 Aug 2014, 2 histories
*21.750. Firearms legislation preemption by general assembly, exceptions — limitation on civil recovery against firearms or ammunitions manufacturers, when, exception. — 1. The general assembly hereby occupies and preempts the entire field of legislation touching in any way firearms, components, ammunition and supplies to the complete exclusion of any order, ordinance or regulation by any political subdivision of this state. Any existing or future orders, ordinances or regulations in this field are hereby and shall be null and void except as provided in subsection 3 of this section.
2. No county, city, town, village, municipality, or other political subdivision of this state shall adopt any order, ordinance or regulation concerning in any way the sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permit, registration, taxation other than sales and compensating use taxes or other controls on firearms, components, ammunition, and supplies except as provided in subsection 3 of this section.
3. (1) Except as provided in subdivision (2) of this subsection, nothing contained in this section shall prohibit any ordinance of any political subdivision which conforms exactly with any of the provisions of sections 571.010 to 571.070, with appropriate penalty provisions, or which regulates the open carrying of firearms readily capable of lethal use or the discharge of firearms within a jurisdiction, provided such ordinance complies with the provisions of section 252.243. No ordinance shall be construed to preclude the use of a firearm in the defense of person or property, subject to the provisions of chapter 563.
(2) In any jurisdiction in which the open carrying of firearms is prohibited by ordinance, the open carrying of firearms shall not be prohibited in accordance with the following:
(a) Any person with a valid concealed carry endorsement or permit who is open carrying a firearm shall be required to have a valid concealed carry endorsement or permit from this state, or a permit from another state that is recognized by this state, in his or her possession at all times;
(b) Any person open carrying a firearm in such jurisdiction shall display his or her concealed carry endorsement or permit upon demand of a law enforcement officer;
(c) In the absence of any reasonable and articulable suspicion of criminal activity, no person carrying a concealed or unconcealed firearm shall be disarmed or physically restrained by a law enforcement officer unless under arrest; and
(d) Any person who violates this subdivision shall be subject to the penalty provided in section 571.121.
4. The lawful design, marketing, manufacture, distribution, or sale of firearms or ammunition to the public is not an abnormally dangerous activity and does not constitute a public or private nuisance.
5. No county, city, town, village or any other political subdivision nor the state shall bring suit or have any right to recover against any firearms or ammunition manufacturer, trade association or dealer for damages, abatement or injunctive relief resulting from or relating to the lawful design, manufacture, marketing, distribution, or sale of firearms or ammunition to the public. This subsection shall apply to any suit pending as of October 12, 2003, as well as any suit which may be brought in the future. Provided, however, that nothing in this section shall restrict the rights of individual citizens to recover for injury or death caused by the negligent or defective design or manufacture of firearms or ammunition.
6. Nothing in this section shall prevent the state, a county, city, town, village or any other political subdivision from bringing an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the state or such political subdivision.
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(L. 1984 H.B. 928 § 1, A.L. 2003 S.B. 13, A.L. 2007 S.B. 225, A.L. 2014 S.B. 656)
*Effective 10-10-14, see § 21.250. S.B. 656 was vetoed July 14, 2014. The veto was overridden on September 10, 2014.
(1994) City may enact ordinance regulating carrying of firearm capable of lethal use. City of Cape Girardeau v. Joyce, 884 S.W.2d 33 (Mo.App. E.D.).

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title III - Legislative Branch

Chapter 21 - General Assembly

Section 21.010 - Meeting of the general assembly.

Section 21.020 - Joint meeting of senate and house, where held.

Section 21.030 - What officer shall preside — contempt — rules.

Section 21.040 - Members of either house may be punished for contempt.

Section 21.050 - Presiding officer may order detention of person disturbing meeting.

Section 21.060 - Majority necessary to a choice in elections.

Section 21.070 - Qualifications of senators.

Section 21.080 - Qualifications of representatives.

Section 21.090 - Vacancy, how filled.

Section 21.110 - Governor shall issue writs of election, when.

Section 21.120 - Writs of election, how directed.

Section 21.130 - Duty of election authority on receipt of writ.

Section 21.140 - Compensation of members — additional compensation of officers — mileage allowance.

Section 21.145 - Member's daily expense allowance — when paid.

Section 21.150 - Legislative employees — compensation, how set — rejection of rates by legislature, effect of.

Section 21.155 - Legislative employees, number, how determined.

Section 21.160 - Legislative furniture and equipment, how inventoried — employment of custodians authorized.

Section 21.170 - Expense of serving process — witnesses' fees.

Section 21.180 - No allowance, except per diem.

Section 21.183 - Freshman tour of state institutions by newly elected members — expenses.

Section 21.187 - Freshman tour, attendance of members at legislative conference for new members — expenses, how paid.

Section 21.200 - Expenses of visiting committees.

Section 21.210 - Allowance of accounts.

Section 21.220 - Expenses paid out of what fund.

Section 21.230 - Contingent expenses, how controlled.

Section 21.232 - Printing, other services for house of representatives — costs how paid — disposition of balance.

Section 21.235 - Printing, other services for the senate — costs how paid — disposition of balance.

Section 21.240 - Joint expenses, how controlled.

Section 21.250 - Statutes, how authenticated when passed over veto, effective, when.

Section 21.260 - Appropriations to be itemized.

Section 21.270 - Governor to return bills when general assembly recesses for more than fifteen and less than thirty days.

Section 21.280 - Local laws, how passed.

Section 21.290 - Notice.

Section 21.300 - By whom signed, where published.

Section 21.310 - Proof of publication.

Section 21.320 - Notice to be attached to bill.

Section 21.330 - Mechanical roll call for house authorized.

Section 21.340 - Requirements for mechanical roll call.

Section 21.350 - Visual record board required.

Section 21.360 - Voting for another member — penalty.

Section 21.370 - Oaths, by whom administered.

Section 21.380 - Depositions.

Section 21.390 - Presiding officer may issue commission to take depositions.

Section 21.400 - Subpoenas shall be issued — attested, how.

Section 21.410 - Writs and process may be issued.

Section 21.420 - Lobbyists not to go upon the floor of the house or senate — penalty.

Section 21.430 - Disturbance of committee, how punished.

Section 21.487 - Public institutions of higher education funding formula, joint committee to develop and implement.

Section 21.505 - Reimbursement of political subdivisions for loss of tax on certain goods, how computed — duties of director of revenue and of state tax commission.

Section 21.520 - Reports of receipts and expenditures required, when, to whom — restrictions on certain expenditures.

Section 21.525 - Institutions of higher education to report.

Section 21.527 - Contracts or leases of facilities by state agencies or state institutions of higher education to be first approved by general assembly.

Section 21.550 - Definition.

Section 21.553 - Joint committee on public retirement established — membership — terms.

Section 21.555 - Meeting of committee — quorum — officers, qualifications, expenses and per diem.

Section 21.557 - Personnel and actuarial assistance authorized — compensation, how paid.

Section 21.559 - Powers and duties of joint committee.

Section 21.561 - Retirement systems, state and local to cooperate.

Section 21.562 - Cost-of-living increases in pension benefits or other increases in payments beyond prior year, notice of to committee, when — evidence of actuarial soundness, when.

Section 21.563 - Report, contents — submitted when.

Section 21.600 - Definitions.

Section 21.605 - Senate bills, how filed — immediate printing — what rules apply.

Section 21.610 - House bills, how filed — immediate printing — what rules apply.

Section 21.615 - Automatic introduction of filed bills.

Section 21.620 - Expenses, how paid.

Section 21.750 - Firearms legislation preemption by general assembly, exceptions — limitation on civil recovery against firearms or ammunitions manufacturers, when, exception.

Section 21.771 - Joint committee established, members, duties, meetings — expiration date.

Section 21.782 - Joint committee on eating disorders established, members, duties, report.

Section 21.790 - Task force established, members — duties — report.

Section 21.795 - Joint committee on transportation oversight, members, quorum — report, when, contents — meetings, examination of reports, records required to be submitted.

Section 21.805 - Joint committee on the life sciences established, members, appointment, duties, meetings, report.

Section 21.810 - Joint committee on tax policy established, members, appointment, duties.

Section 21.820 - Joint committee on government accountability established, members, duties, meetings, staff, report.

Section 21.851 - Joint committee established, members, duties — report — expiration date.

Section 21.880 - Joint committee established, members, meetings, duties, report — permanent subcommittee on the Missouri criminal code — staff assistance — compensation.

Section 21.900 - Committee established, members, appointment, meetings — research, report — dissolution of committee, when.

Section 21.915 - Joint committee on rural economic development — members — duties — report.

Section 21.930 - Fund created, certain general revenue collections to be deposited, use of moneys — certain refunds to be paid in full, when.