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Drafting Error in SB 727 Creates

Gun Rights Problem

Education Reform -- Constitutional Principles Must be Considered

Missouri First Home

April 6, 2024

SS#2 SS SCS SB 727 makes it illegal to possess a firearm in a home school

Probably unintentionally, the Senate perfected version of SB 727 appears to technically make it illegal to possess a firearm in a home school under some circumstances.

In SB 727 the definition of "home school" as a "school" was moved and applied to ALL the statutes, not just "sections 167.031 to 167.071" as it does currently..

That makes the dwelling in which a home school is conducted a "school" or "school building" and Chapter 571.030.1(10) makes it a felony to possess a loaded firearm in “any school.”

571.030 also prohibits possession of a firearm where there is a school function or activity.

The problem results from the fact that the old definition ONLY applied to Section 167 and no other statutes, but the new definition will apply to every statute that applies to "schools" unless a given section includes its own definition of "school."

"As used in sections 167.031 to 167.071" was changed to "For purposes of state law"

Note that the House Rules Committee is scheduled to exec on SB 727 first thing Tuesday morning, April 9.

The gun rights problem in SB 727 could be easily fixed by removing all references to home schools, or by specifying the sections the definition applies to.

 

Here's a clear explanation of the problem:

It is illegal to carry a firearm into any school. https://revisor.mo.gov/main/OneSection.aspx?section=571.030&bid=54290&hl=

571.030.1.  A person commits the offense of unlawful use of weapons, except as otherwise provided by sections 571.101 to 571.121, if he or she knowingly:  (10)  Carries a firearm, whether loaded or unloaded, or any other weapon readily capable of lethal use into any school, onto any school bus, or onto the premises of any function or activity sponsored or sanctioned by school officials or the district school board; or

The penalty would be a Class E Felony if the firearm is loaded. 571.030.3.



The old definition of "home school" only applied to a narrow range of statutes. https://revisor.mo.gov/main/OneSection.aspx?section=167.031&bid=8299&hl=home+school%u2044

167.031.2.(1)  As used in sections 167.031 to 167.071, a "home school" is a school, whether incorporated or unincorporated, that...:

 

The new definition of "home school" in SB 727 applies to all of "state law," including 571.030. https://www.senate.mo.gov/24info/pdf-bill/perf/SB727.pdf
167.012. 1. For purposes of state law, a "home school" is a school, whether incorporated or unincorporated, that:

 

The "dwelling" exception in Chapter 571 does not help:

There is a “dwelling” exception to the list of places prohibited from possessing a firearm, but that exception does not apply to Subdivision (10).
571.030.3.  Subdivisions (1), (5), (8), and (10) of subsection 1 of this section do not apply when the actor is transporting such weapons in a nonfunctioning state or in an unloaded state when ammunition is not readily accessible or when such weapons are not readily accessible.  
[Note that the following portion of 571.030.3 only applies to the prohibitions listed in Subdivision (1), and does NOT apply to the prohibitions in Subdivision (10).]
Subdivision (1) of subsection 1 of this section does not apply to any person nineteen years of age or older or eighteen years of age or older and a member of the United States Armed Forces, or honorably discharged from the United States Armed Forces, transporting a concealable firearm in the passenger compartment of a motor vehicle, so long as such concealable firearm is otherwise lawfully possessed, nor when the actor is also in possession of an exposed firearm or projectile weapon for the lawful pursuit of game, or is in his or her dwelling unit or upon premises over which the actor has possession, authority or control, or is traveling in a continuous journey peaceably through this state.  
Subdivision (10) of subsection 1 of this section does not apply if the firearm is otherwise lawfully possessed by a person while traversing school premises for the purposes of transporting a student to or from school, or possessed by an adult for the purposes of facilitation of a school-sanctioned firearm-related event or club event.




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