Missouri Proposed Gun Laws for 2020 - The Good

Ok, I went and read all 61 bills that are currently proposed in Missouri and contain the word “firearm”. These include a lot of amendments to the existing law, some new segments, and a constitutional amendment. (The not so good is over here: Missouri Proposed Gun Laws for 2020 - The Bad) (and you can search for what’s proposed in your state here: Anti-gun laws coming to your state? Find out what's being pushed)

The good:

HJR84 (REPRESENTATIVE MCDANIEL) Proposes an amendment to the Constitution of Missouri relating to a sales tax exemption on firearms and ammunition
Section A. Article X, Constitution of Missouri, is amended by adopting one new section, to read as follows: Section 27. Because the Second Amendment to the United States Constitution contains the only enumerated right “necessary to the security of a free State”, and because the state of Missouri believes that “the right of the people to keep and bear Arms” is necessary for our free society to exist, there shall be no state sales tax levied or imposed on any sales of any firearms or ammunition in this state.

HB1637 (REPRESENTATIVE TAYLOR) Establishes the “Second Amendment Preservation Act,” which creates additional protections to the right to bear arms
this section REPLACED: [1.320. The general assembly of the state of Missouri strongly promotes responsible gun ownership, including parental supervision of minors in the proper use, storage, and ownership of all firearms, the prompt reporting of stolen firearms, and the proper enforcement of all state gun laws. The general assembly of the state of Missouri hereby condemns any unlawful transfer of firearms and the use of any firearm in any criminal or unlawful activity.] with this 1.410. 1. Sections 1.410 to 1.485 shall be known and may be cited as the “Second Amendment Preservation Act”.
3 2. The general assembly finds and declares that: (1) The general assembly of the state of Missouri is firmly resolved to support and defend the Constitution of the United States against every aggression, whether foreign or domestic, and is duty bound to oppose every infraction of those principles that constitute the basis of the Union of the States because only a faithful observance of those principles can secure the union’s existence and the public happiness; (2) Acting through the Constitution of the United States, the people of the several states created the federal government to be their agent in the exercise of a few de fined powers, while reserving for the state governments the power to legislate on matters concerning the lives, liberties, and properties of citizens in the ordinary course of affairs; (3) The limitation of the federal government’s power is affirmed under Amendment X of the Constitution of the United States, which defines the total scope of federal power as being that which has been delegated by the people of the several states to the federal government, and all power not delegated to the federal government in the Constitution of the United States is reserved to the states respectively or to the people themselves; (4) If the federal government assumes powers that the people did not grant it in the Constitution of the United States, its acts are unauthoritative, void, and of no force; (5) The several states of the United States respect the proper role of the federal government but reject the proposition that such respect requires unlimited submission. If the government, created by a compact among the states, was the exclusive or final judge of the extent of the powers granted to it by the states through the Constitution of the United States, the federal government’s discretion, and not the Constitution of the United States, would necessarily become the measure of those powers. To the contrary, as in all other cases of compacts among powers having no common judge, each party has an equal right to judge for itself as to whether infractions of the compact have occurred, as well as to determine the mode and measure of redress. Although the several states have granted supremacy to laws and treaties made under the powers granted in the Constitution of the United States, such supremacy does not extend to various federal statutes, executive orders, administrative orders, court orders, rules, regulations, or other actions which collect data or restrict or prohibit the manufacture, ownership, and use of firearms, firearm accessories, or ammunition exclusively within the borders of Missouri; such statutes, executive orders, administrative orders, court orders, rules, regulations, and other actions exceed the powers granted to the federal government except to the extent they are necessary and proper for governing and regulating the United States Armed Forces or for organizing, arming, and disciplining militia forces actively employed in the service of the United States Armed Forces; (6) The people of the several states have given Congress the power “to regulate commerce with foreign nations, and among the several states”, but “regulating commerce” does not include the power to limit citizens’ right to keep and bear arms in defense of their families, neighbors, persons, or property, or to dictate what sort of arms and accessories law-abiding Missourians may buy, sell, exchange, or otherwise possess within the borders of this state; (7) The people of the several states have also granted Congress the power “to lay and collect taxes, duties, imports, and excises, to pay the debts, and provide for the common defense and general welfare of the United States” and “to make all laws which shall be necessary and proper for carrying into execution the powers vested by the Constitution of the United States in the government of the United States, or in any department or office thereof”. These constitutional provisions merely identify the means by which the federal government may execute its limited powers and shall not be construe to grant unlimited power because to do so would be to destroy the carefully constructed equilibrium between the federal and state governments. Consequently, the general assembly rejects any claim that the taxing and spending powers of Congress may be used to diminish in any way the right of the people to keep and bear arms; (8) The people of Missouri have vested the general assembly with the authority to regulate the manufacture, possession, exchange, and use of firearms within the borders of this state, subject only to the limits imposed by Amendment II of the Constitution of the United States and the Constitution of Missouri; and (9) The general assembly of the state of Missouri strongly promotes responsible gun ownership, including parental supervision of minors in the proper use, storage, and ownership of all firearms; the prompt reporting of stolen firearms; and the proper enforcement of all state gun laws. The general assembly of the state of Missouri hereby condemns any unlawful transfer of firearms and the use of any firearm in any criminal or unlawful activity.
1.420. The following federal acts, laws, executive orders, administrative orders, court orders, rules, and regulations shall be considered infringements on the people’s right to keep and bear arms, as guaranteed by Amendment II of the Constitution of the United States and Article I, Section 23 of the Constitution of Missouri, within the borders of this state including, but not limited to: (1) Any tax, levy, fee, or stamp imposed on firearms, firearm accessories, or ammunition not common to all other goods and services and that might reasonably be expected to create a chilling effect on the purchase or ownership of those items by law abiding citizens; (2) Any registering or tracking of firearms, firearm accessories, or ammunition that might reasonably be expected to create a chilling effect on the purchase or ownership of those items by law-abiding citizens; (3) Any registering or tracking of the owners of firearms, firearm accessories, or ammunition that might reasonably be expected to create a chilling effect on the purchase or ownership of those items by law-abiding citizens; (4) Any act forbidding the possession, ownership, or use or transfer of a firearm, firearm accessory, or ammunition by law-abiding citizens; and (5) Any act ordering the confiscation of firearms, firearm accessories, or ammunition from law-abiding citizens.
1.430. All federal acts, laws, executive orders, administrative orders, court orders, rules, and regulations, regardless if enacted before or after the provisions of sections 1.410 to 1.485, that infringe on the people’s right to keep and bear arms as guaranteed by Amendment II of the Constitution of the United States and Article I, Section 23 of the Constitution of Missouri shall be invalid in this state, shall not be recognized by this state, shall be specifically rejected by this state, and shall be considered null, void, and of no effect in this state.
1.440. It shall be the duty of the courts and law enforcement agencies of this state to protect the rights of law-abiding citizens to keep and bear arms within the borders of this state and to protect these rights from the infringements defined under section 1.420.
1.450. No person, including any public officer or employee of this state or any political subdivision of this state, shall have the authority to enforce or attempt to enforce any federal acts, laws, executive orders, administrative orders, court orders, rules, regulations, statutes, or ordinances infringing on the right to keep and bear arms as described under section 1.410.
1.460. 1. Any entity or person who acts knowingly, as defined under section 562.016, to violate the provisions of section 1.450 or otherwise knowingly deprives a citizen of Missouri of the rights or privileges ensured by Amendment II of the Constitution of the United States or Article I, Section 23 of the Constitution of Missouri, while acting under the color of any state or federal law, shall be liable to the injured party in an action at law, suit in equity, or other proper proceeding for redress. 2. In such actions, the court may award the prevailing party, other than the state of Missouri or any political subdivision of the state, reasonable attorney’s fees and costs. 3. Sovereign, official, or qualified immunity shall not be an affirmative defense in such actions.
1.470. 1. Any person acting as an official, agent, employee, or deputy of the government of the United States, or otherwise acting under the color of federal law within the borders of this state, who knowingly, as defined under section 562.016: (1) Enforces or attempts to enforce any of the infringements identified in section 1.420; or (2) Gives material aid and support to the efforts of others who enforce or attempt to enforce any of the infringements identified in section 1.420 shall be permanently ineligible to serve as a law enforcement officer or to supervise law enforcement officers for the state or any political subdivision of the state. 2. Neither the state nor any political subdivision of the state shall employ as a law enforcement officer or supervisor of law enforcement officers any person who is ineligible to serve in such capacity under this section. 3. Any person residing or conducting business in a jurisdiction who believes that a law enforcement officer or supervisor of law enforcement officers of such jurisdiction has taken action that would render that office r or supervisor ineligible under this section to serve in such capacity shall have standing to pursue an action for declaratory judgment in the circuit court of the county in which the action allegedly occurred, or in the circuit court of Cole County, with respect to the employment eligibility of the law enforcement officer or the supervisor of law enforcement officers under this section. 4. If a court determines that a law enforcement officer or supervisor of law enforcement officers has taken any action that would render him or her ineligible to serve in that capacity under this section: (1) The law enforcement officer or supervisor of law enforcement officers shall immediately be terminated from his or her position; and (2) The jurisdiction that had employed the ineligible law enforcement officer or supervisor of law enforcement officers shall be required to pay the court costs and attorney’s fees associated with the declaratory judgment action that resulted in the finding of ineligibility. 5. Nothing in this section shall preclude a person’s right of appeal or remediation, as provided under chapter 590.
1.480. For the purposes of sections 1.410 to 1.485, the term “law-abiding citizen” shall mean a person who is not otherwise precluded under state law from possessing a firearm and shall not be construed to include anyone who is not legally present in the United States or the state of Missouri.
1.485. If any provision of sections 1.410 to 1.485 or the application thereof to any person or circumstance is held invalid, such determination shall not affect the provisions or applications of sections 1.410 to 1.485, which may be given effect without the invalid provision or application, and the provisions of sections 1.410 to 1.485 are severable.

Also proposed as SB588 (SENATOR BURLISON) Creates additional protections to the right to bear arms

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More of The Good

HB1567 (REPRESENTATIVE BILLINGTON.) Prohibits an employer from terminating an employee for having a firearm in the employee’s vehicle on the employer’s premises
290.148. Notwithstanding any provision of law to the contrary, no employer in this state shall discharge or otherwise terminate the employment of any employee on the basis of such employee having a firearm in the employee’s vehicle on the employer’s property when the employee is arriving to or leaving from the employer’s property for employment purposes or when the employee is conducting activities within the course and scope of his or her employment, provided that the employee’s vehicle is locked and the firearm is not visible.

HB1928 (REPRESENTATIVE DOHRMAN) Enacts provisions governing campus protection officers of public institutions of higher education
2. Any person designated as a campus protection officer shall be authorized to carry concealed firearms or a self-defense spray device on the campus of the institution of higher education. A “self-defense spray device” means any device that is capable of carrying, and that ejects, releases, or emits, a nonlethal solution capable of incapacitating a violent threat. The campus protection officer shall not be permitted to allow any firearm or self-defense spray device out of the officer’s personal control while that firearm or device is on property belonging to an institution of higher education.
6. Any full-time faculty or staff member of an institution of higher education who seeks to be designated as a campus protection officer shall request such designation in writing and submit it to the administrator responsible for public safety at the institution of higher education. Along with this request, any faculty or staff member seeking to carry a concealed firearm on campus shall also submit proof that such faculty or staff member has a valid concealed carry endorsement or permit, and all faculty or staff members seeking the designation of campus protection officer shall submit a certificate of completion from a campus protection officer training program approved by the director of the department of public safety.
Also see HB1301 which has related provisions for school protection officers and expands the designated individuals from school teachers [or] , administrators, ** to include** or other designated school personnel

HB1630 (REPRESENTATIVE DEATON) Changes the law regarding concealed carry permits by lowering the age requirement to eighteen or older
Regarding issuing of concealed carry permits: REMOVES this section: 25 (2) Is at least nineteen years of age, or is at least eighteen years of age and a member of the United States Armed Forces or honorably discharged from the United States Armed Forces, and is a citizen of the United States and either: (a) Has assumed residency in this state; (b) Is a member of the Armed Forces stationed in Missouri;
Regarding application for a concealed carry permit … shall contain … (3) An affirmation that the applicant is at least eighteen years of age [REMOVED: nineteen years of age or is eighteen years of age or older and a member of the United States Armed Forces or honorably discharged from the United States Armed Forces]

HB1295 (REPRESENTATIVE DINKINS) Creates new provisions related to firearm safety instruction
170.042. 1. Notwithstanding the provisions of section 160.516 or any other section, in school year 2021-22 and each school year thereafter, each school district shall require all students at a particular grade level chosen by the district, other than students exempted under subsection 3 of this section, to complete a physical education course that includes hunter safety instruction with a firearm safety component. The grade level chosen by the district for purposes of this subsection shall be sixth, seventh, or eighth grade.
2. In school year 2021-22 and each school year thereafter, each high school may offer a physical education course that includes firearm safety instruction. The instructor for the firearm safety instruction shall be qualified as described in subsection 6 of section 571.111. Students shall not be required to complete the course in order to graduate from high school. A high school shall not allow any student to enroll in the course until it has received permission from the student’s parent or legal guardian.
3. No student shall be required to participate in hunter or firearm safety instruction if the student or the student’s parent or legal guardian has any objection to such instruction.
4. The department of elementary and secondary education may promulgate rules to implement the provisions of this section. Any rule or portion of a rule, as that term is
defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable, and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date , or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2020, shall be invalid and void.

171.410. 1. Notwithstanding the provisions of section 160.516 or any other section, in school year 2021-22 and each school year thereafter, each school district and charter school [REMOVED: may] shall annually teach the Eddie Eagle Gunsafe Program to first grade students [REMOVED:. School districts and charter schools may also teach] or any substantially similar program of the same qualifications or any successor program in lieu of the Eddie Eagle Gunsafe Program
6. No student shall be required to participate in the program if the student or the student’s parent or legal guardian has any objection to such program.

HB1669 (REPRESENTATIVE BASYE) Changes the laws regarding firearms
220 14. For the purposes of this chapter, “concealed carry permit” shall include: (1) Any concealed carry endorsement issued by the department of revenue before January 1, 2014; (2) Any concealed carry document issued by any sheriff or under the authority of any sheriff after December 31, 2013; or (3) Any valid peace officer license issued by the POST commission, as defined under section 590.010.

HB1457 (REPRESENTATIVE SCHROER) Allows persons who can lawfully carry firearms to sue for certain injuries sustained on the property of businesses that voluntarily prohibit firearms
571.069. 1. Any business that elects to prohibit the lawful possession of firearms or other weapons on its premises by posting a sign described under section 571.107 or by another method authorized under chapter 571 shall assume responsibility for the safety and defense of any invitee who is authorized to possess a firearm under Missouri law while the invitee is on the premises of the business. The provisions of this section shall not apply to private property not used for commercial purposes or private residences of any type.
2. Notwithstanding any other provision of law, the requirement to ensure the safety and defense of invitees under subsection 1 of this section shall include a mandatory and explicit duty to defend against the intentional or reckless conduct of a third part, including, but not limited to, trespassers, employees, customers, or other invitees of the business. The requirement shall also include a duty to defend against vicious animals and wild animals. The duty to defend under this section shall apply only to the defense against conduct that could reasonably have been prevented by the use of lawfully-possessed firearms or other weapons in lawful self-defense. If a business restricts the lawful possession of firearms or other weapons, such business shall post, together with the sign required under section 571.107, notice stating that persons authorized to carry firearms or other weapons under chapter 571 are under the responsibility and protection of the business.
3. If an invitee who is authorized to carry a firearm under Missouri law is injured, suffers bodily injury or death, incurs economic loss or expense, or suffers property damage as a result of a business breaching the duty to ensure the safety or defense of the invitee, the invitee shall have a cause of action against a business.
4. The standard of proof for tort actions under this section shall require a plaintiff to show by a preponderance of the evidence that: (a) The plaintiff was legally authorized to carry a firearm under Missouri law; (b) The plaintiff was lawfully prohibited from carrying firearms or other weapons by reason of a sign posted by a business under section 571.107 or other method authorized under chapter 571; © The business was not required to prohibit firearms or other weapons under state or federal law or by a rule or policy enacted by a political subdivision or the state contracting with such business entity; and (d) The business’s prohibition of lawfully possessed firearms or other weapons was the proximate cause of the damages, loss, or injury suffered by the plaintiff.
5. If a plaintiff is successful in a lawsuit under this section, the plaintiff shall be entitled to reasonable attorney’s fees, expert witness costs, and court costs.
6. The statute of limitations for an action under this section shall be two years from the date on which the damages, loss, or injury occurred.

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Looks like I need to get the hell out of OREGUN and move to Missouri.

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More of The Good:

HB1722 (REPRESENTATIVE SCHNELTING) Allows concealed carrying of firearms on public transportation systems and transporting nonfunctional or unloaded firearms on public buses
(11) Except as otherwise provided under section 571.107, no weapon or other instrument intended for use as a weapon may be carried in or on any facility or conveyance, except for law enforcement personnel.
147 3. Notwithstanding any provision of this chapter or chapter 70, 577, or 578 to the contrary, a person carrying a firearm concealed on or about his or her person who is lawfully in possession of a valid concealed carry permit or endorsement shall not be prohibited or impeded from accessing or using any publicly-funded transportation system and shall not be harassed or detained for carrying a concealed firearm on the property, vehicles, or conveyances owned, contracted, or leased by such systems that are accessible to the public. For purposes of this subsection, “publicly-funded transportation system” means the property, equipment, rights-of-way, or buildings, either publicly or privately owned and operated, of an entity that receives public funds and holds itself out to the general public for the transportation of persons. This includes portions of a public transportation system provided through a contract with a private entity but excludes any corporation that provides intercity passenger train service on railroads throughout the United States or any private partnership in which the corporation engages.
11 4. Except as otherwise provided under section 571.107, any passenger who boards a bus with a dangerous or deadly weapon or other means capable of inflicting serious bodily injury concealed upon his or her person or effects is guilty of the felony of “possession and concealment of a dangerous or deadly weapon” upon a bus. Possession and concealment of a dangerous and deadly weapon by a passenger upon a bus is a class D felony. The provisions of this subsection shall not apply to: (1) Duly elected or appointed law enforcement officers or commercial security personnel who are in possession of weapons used within the course and scope of their employment; [REMOVED: nor shall the provisions of this subsection apply to] (2) Persons who are in possession of weapons or other means of inflicting serious bodily injury with the consent of the owner of such bus, his or her agent, or the lessee or bailee of such bus; or (3) Persons carrying a concealed firearm who lawfully possess a valid concealed carry permit or endorsement in accordance with section 571.107.
12 2. Except as otherwise provided under section 571.107, it is unlawful for any person to carry a deadly or dangerous weapon or any explosives or hazardous material into a terminal or aboard a bus. Possession of a deadly or dangerous weapon, explosive or hazardous material shall be a class D felony. Upon the discovery of any such item or material, the company may obtain possession and retain custody of such item or material until it is transferred to the custody of law enforcement officers
also as SB700 and HB1901

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Yep, @Patrick47 come on down! Missouri isn’t full yet. And we can use the additional 2A voters.
There’s a place just down the road for sale… :wink:

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More of The Good…

This one is complicated, long section of law and a lot of changes, so I’ll summarize some of this.

HB1638 (REPRESENTATIVE TAYLOR) Modifies provisions relating to the concealed carrying of firearms

  • Adds permission-granting capability to school governing bodies, acknowledges school protection personnel are allowed to carry on schools without board permission.
  • Permits firearms on school buses and on school grounds for school-sponsored firearms sporting events
  • Allows chief law enforcement officers of each facility to grant permission to carry into police offices and stations.
  • Permits on-duty LEOs to carry into court houses.
  • Removes restrictions on carry into churches, polling places, hospitals, businesses that make more that 50% of their funds from alcohol, riverboat gambling venues, and public meetings:

REMOVED: …any meeting of the governing body of a unit of local government, or any meeting of the general assembly or a committee of the general assembly… and a bunch of other language as in the bullet above

  • Removes restrictions on carrying on public transportation.
  • Clarifies that carry/storage in vehicles is legal in all parking lots, public and private, that are not federally prohibited.
  • Clarifies the fines for trespassing (if you refuse to leave a business marked with legal signs) to $100/$200/$500 for first/second/third offenses.
  • Limits the sports arena / entertainment facility restriction to privately owned venues (not public venues).
  • Prohibits state, county, city municipalities from preventing employees with CPLs from carrying on-the-job in any non-prohibited location.

571.108. Notwithstanding any other provision of law to the contrary, neither the state nor any county, city, town, village, municipality, or other political subdivision of this state shall impose any rule, policy, ordinance, contractual requirement, or agreement of any type that prohibits any employee of such entity who holds a concealed carry permit issued under sections 571.101 to 571.121, a valid lifetime or extended concealed carry permit issued under sections 571.205 to 571.230, a valid concealed carry endorsement issued prior to August 28, 2013, or a concealed carry endorsement or permit issued by another state or political subdivision of another state from carrying a concealed weapon in any area in which such person is authorized to carry a concealed weapon under this chapter.

  • Prohibits colleges from prohibiting CC on campuses:

571.109. 1. Notwithstanding any provision of law to the contrary, public institutions of higher education shall be allowed to construct policies regarding concealed carry permits or endorsements issued under sections 571.101 to 571.121, valid lifetime or extended concealed carry permits issued under sections 571.205 to 571.230, valid concealed carry endorsements issued prior to August 28, 2013, or concealed carry endorsements or permits issued by another state or political subdivision of another state, but such policies shall not generally prohibit or have the effect of generally prohibiting the carrying, chambering, or active operation or storage of a concealed firearm on the campus of such institution.

  • Prohibits colleges from punishing employees or students over firearms:

2. No institution of higher education shall impose any contractual requirement or condition of employment upon any employee, faculty member, or student that generally prohibits or has the effect of generally prohibiting the lawful possession or carry of firearms by such persons, nor shall such institution impose any taxes, fees, or other monetary charges as a condition for the lawful possession or carry of firearms under the provisions of this chapter.

Can I just say I Love Missouri? YEP I LOVE MISSOURI! :sparkling_heart:

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@Michael7 I think we should be tagging other Missourians here… who else in MO?

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@EDC_always @Raymond @Rocklock

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Still haven’t found any filed in KY … yet!

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I’m calling my Mom right now who lives in Kansas City, Missouri!

“Hey Momma, Can I move in with you?” :joy: :joy: :joy: :joy: :joy:

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He answer to the almost 27 year old man would be negative… hahahaha

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yeah but @Randall318 Missouri isn’t full yet… there’s room :smiley:

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Are there good opportunities there?

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@Randall318 it depends on what you want to do. There are always jobs, but we’re not a boom/bust state. wages are below national average but our cost of living is further below national average. land and housing is pretty inexpensive, weather is variable, people are real. Just stay out of the big cities and you’ll do fine.

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Thanks, @Zee!

My mother and her husband love it there,

Moving really is an option. Surveys showed people are leaving the state to find jobs. It’s not even low paying jobs…Businesses’ don’t want to hire and when they do its temp or contract therefore when you do something they don’t like “boom” they can throw you away without paying unemployment.

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Did all these go into effect or in the process?

The one quoted stood out the most. I’ve always argued that if a person dies where prohibited to carry from Gun Shoot Wound the owner of premises should be held accountable.

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@Randall318 these are bills that are prefiled for the 2020 legislative session, so they are staged but nothing ready for a vote (not out of committee yet either).

On jobs - it really depends on what you do. There are some excellent companies in Missouri, depending on your skillset, and Springfield area and Kansas City area (if you stay out of the main city) have tons of job openings. If you want to live in a tiny town, you have be a bit more creative in making yourself a job, or you have to be willing to drive a bit, but there are things to do here.

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Well. if we went on past experience it would be running a warehouse, but to be honest, I’m trying to make a transition. I know once completing school, I’ll be in my career although who does not want something different now lol :rofl: :rofl:

I’ll be following up on if those go through, Very Exciting!!

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from NRA-ILA on the subject. They apparently aren’t interested in the 2nd Amendment Preservation Act… can’t seem to figure out it even exists at all :thinking: :face_with_symbols_over_mouth:

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