Section 571.020

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 571

Effective - 28 Aug 2008, 5 histories, see footnote   (history) 

  571.020.  Possession — manufacture — transport — repair — sale of certain weapons a crime — exceptions — penalties. — 1. A person commits a crime if such person knowingly possesses, manufactures, transports, repairs, or sells:

  (1) An explosive weapon;

  (2) An explosive, incendiary or poison substance or material with the purpose to possess, manufacture or sell an explosive weapon;

  (3) A machine gun;

  (4) A gas gun;

  (5) A short barreled rifle or shotgun;

  (6) A firearm silencer;

  (7) A switchblade knife;

  (8) A bullet or projectile which explodes or detonates upon impact because of an independent explosive charge after having been shot from a firearm; or

  (9) Knuckles.

  2. A person does not commit a crime pursuant to this section if his conduct:

  (1) Was incident to the performance of official duty by the armed forces, national guard, a governmental law enforcement agency, or a penal institution; or

  (2) Was incident to engaging in a lawful commercial or business transaction with an organization enumerated in subdivision (1) of this section; or

  (3) Was incident to using an explosive weapon in a manner reasonably related to a lawful industrial or commercial enterprise; or

  (4) Was incident to displaying the weapon in a public museum or exhibition; or

  (5) Was incident to dealing with the weapon solely as a curio, ornament, or keepsake, or to using it in a manner reasonably related to a lawful dramatic performance; but if the weapon is a type described in subdivision (1) or (4) of subsection 1 of this section it must be in such a nonfunctioning condition that it cannot readily be made operable. No short barreled rifle, short barreled shotgun, machine gun, or firearm silencer may be possessed, manufactured, transported, repaired or sold as a curio, ornament, or keepsake, unless such person is an importer, manufacturer, dealer, or collector licensed by the Secretary of the Treasury pursuant to the Gun Control Act of 1968, U.S.C., Title 18, or unless such firearm is an antique firearm as defined in subsection 3 of section 571.080, or unless such firearm has been designated a collectors item by the Secretary of the Treasury pursuant to the U.S.C., Title 26, Section 5845(a).

  3. A crime pursuant to subdivision (1), (2), (3), (4), (5) or (6) of subsection 1 of this section is a class C felony; a crime pursuant to subdivision (7), (8) or (9) of subsection 1 of this section is a class A misdemeanor.

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(L. 1981 H.B. 296, A.L. 2002 S.B. 712, A.L. 2008 H.B. 2034)

CROSS REFERENCE

Illegal fireworks, possession, sale, manufacture or transportation of, penalty, RSMo 320.136