Missouri Revised Statutes
Chapter 578 - Miscellaneous Offenses
Section 578.437 - Weapon not to be declared a nuisance unless notice given to lawful owner, procedure — burden of proof on state that return of weapon would endanger lives.

Effective - 01 Jan 2017, 2 histories
578.437. Weapon not to be declared a nuisance unless notice given to lawful owner, procedure — burden of proof on state that return of weapon would endanger lives. — No weapon shall be declared a nuisance pursuant to section 578.435 and this section unless reasonable notice has been given to the lawful owner thereof, if his or her identity and address can be reasonably ascertained. The law enforcement agency shall inform the lawful owner at that person's last known address by registered mail that the owner of the weapon has thirty days from the date of receipt of the notice to respond to the clerk of the court to confirm his or her desire for a hearing, and that the failure to respond shall result in a default order and thereupon such weapon shall be declared a nuisance. If the person requests a hearing the court shall set a hearing no later than sixty days from the receipt of such request, and shall notify the person, the law enforcement agency involved, and the prosecuting attorney of the date, time, and place of the hearing. At such hearing the burden of proof shall be upon the state to show by a preponderance of the evidence that the seized item has been or will be used in criminal street gang activity, or that the return of the weapon would likely result in the endangering of the lives of others.
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(L. 1993 H.B. 562 § 5 subsec. 3, A.L. 2014 S.B. 491)
Effective 1-01-17

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders

Chapter 578 - Miscellaneous Offenses

Section 578.005 - Definitions.

Section 578.007 - Acts and facilities to which section 574.130 and sections 578.005 to 578.023 do not apply.

Section 578.009 - Animal neglect — penalties.

Section 578.011 - Animal trespass, penalty.

Section 578.012 - Animal abuse — penalties.

Section 578.013 - Recordings of farm animals alleged to be abused or neglected, submission to law enforcement required — violation, penalty.

Section 578.014 - Responsibility of parent or guardian of minor owning.

Section 578.016 - Impoundment of animal found off property of owner or custodian, disposition, procedure — liability of owner or custodian for costs — lien — rights of owner or custodian.

Section 578.018 - Warrant for entry on private property to inspect — impoundment of animals, disposition.

Section 578.021 - Neglected or abused animal not to be returned to owner or custodian, when.

Section 578.022 - Law enforcement dogs, exempt from certain laws, when.

Section 578.023 - Keeping a dangerous wild animal — penalty.

Section 578.024 - Keeping a dangerous dog — penalties.

Section 578.025 - Dogfighting — penalty.

Section 578.026 - Spectating dog fighting — penalty.

Section 578.027 - Causing a dog to pursue a live animal propelled by a device — penalty.

Section 578.028 - Unlawful removal of an electronic dog collar or radio transmitting device — penalty — restitution.

Section 578.029 - Knowingly releasing an animal — penalty.

Section 578.030 - State highway patrol and other law enforcement officers, powers and duties to enforce animal protection.

Section 578.050 - Bullbaiting and cockfighting — penalty.

Section 578.095 - Desecration of flags — penalty.

Section 578.100 - Selling goods on Sunday, penalty — certain counties may be exempted from prohibition — procedure — duty of revisor of statutes.

Section 578.105 - Additional counties may be exempted from provisions of section 578.100, procedure.

Section 578.106 - City of St. Louis, certain areas, may be exempt from Sunday sales law, procedure — exception — limitation.

Section 578.110 - Counties may be exempted from provisions of section 578.100, procedure.

Section 578.115 - No penalty, when.

Section 578.120 - Sale of motor vehicles on Sunday prohibited, exceptions — encouragement by certain associations to remain closed on Sundays not a violation of antitrust laws — violations, penalty.

Section 578.151 - Interference with lawful hunting, fishing or trapping in the first degree — penalty.

Section 578.152 - Interference with lawful hunting, fishing or trapping in the second degree — penalty.

Section 578.153 - Peace officer's and conservation agent's powers to enforce — failure to obey peace officer or conservation agent, penalty.

Section 578.170 - Definitions.

Section 578.173 - Baiting or fighting animals — penalty.

Section 578.176 - Bear wrestling — penalty.

Section 578.179 - Seizure and disposition of animals.

Section 578.182 - Exemptions.

Section 578.185 - Injunction.

Section 578.188 - Severability.

Section 578.350 - Medical deception — penalty — immunity, when.

Section 578.365 - Hazing — consent not a defense — penalties.

Section 578.398 - Sports bribery, first degree, penalty.

Section 578.399 - Sports bribery, second degree, penalty.

Section 578.405 - Prohibited acts against animal research and production facilities — definitions — penalties.

Section 578.421 - Citation of law — definitions.

Section 578.423 - Participating knowingly in criminal street gang activities, penalty.

Section 578.425 - Felony committed to promote or assist criminal conduct by gang members, punishment in addition to regular sentences.

Section 578.427 - Labor union activities and other employee activities, exempt — local governments may adopt laws consistent with and alternative to.

Section 578.430 - Buildings, rooms and structures used for criminal street gangs' activities deemed public nuisances — owner knowing of gang use, court may order no occupancy up to one year — penalty.

Section 578.435 - Weapon defined — weapons owned or in possession of gang members may be confiscated — weapon deemed a nuisance and destroyed by court order, when.

Section 578.437 - Weapon not to be declared a nuisance unless notice given to lawful owner, procedure — burden of proof on state that return of weapon would endanger lives.

Section 578.475 - International marriage brokers, notice to recruits — criminal history record and marital history record to be disseminated — client requirements — violations, penalty.

Section 578.520 - Unlawful fishing, hunting, or trapping on private land — affirmative defense — penalty.

Section 578.525 - Unlawful retrieval of large or small game — affirmative defense — penalty.

Section 578.600 - Citation of law — definitions.

Section 578.602 - Prohibited acts — purpose of act — permit required, procedure.

Section 578.604 - Identification number on animal required.

Section 578.606 - USDA regulations and standards, compliance with required — death of animal, notification of department required.

Section 578.608 - Animal may be killed, when, by whom — immunity from liability, when — trespass by animal, when.

Section 578.610 - Death or injury of a human by animal, liability of owner — liability insurance required — escape or release of animal, notification required.

Section 578.612 - Permit for transport of animal required.

Section 578.614 - Violations, penalty — exceptions.

Section 578.616 - Civil forfeiture, when.

Section 578.618 - Local laws, more restrictive permitted.

Section 578.620 - Inapplicability of act.

Section 578.622 - Additional exemptions

Section 578.624 - Large carnivore fund created, use of moneys.

Section 578.625 - Unavailability of use of certain moneys

Section 578.700 - Notaries and notarial acts — prohibited acts — violations, penalties.