Modifies provisions relating to firearms

ANTI-RED FLAG GUN SEIZURE ACT (Section 1.486) This act establishes the "Anti-Red Flag Gun Seizure Act" which provides that any federal order of protection or other federal judicial or executive order which directs the seizure of a firearm or prohibits the possession of a firearm, except any person who cannot possess a firearm under state law, shall not be enforced in this state.

Additionally, no public agency, political subdivision, or law enforcement agency shall receive any federal funding for the purpose of enforcing any federal acts or judicial orders confiscating any firearms, firearm accessories, or ammunition. Any political subdivision or law enforcement officer who violates this act shall be subject to a $50,000 penalty per occurrence.

Sovereign immunity shall not be an affirmative defense.

This provision contains an emergency clause.

This provision is identical to SB 142 (2025) and HB 1651 (2024), similar to HB 1683 (2026), HB 1700 (2026), HB 2176 (2026), and is substantially similar to HCS/HBs 434 & 459 (2025) and HB 712 (2023).

FIREARM SALES TAX HOLIDAY (Sections 144.049 and 144.526) Current law provides for a sales tax holiday for the sale of certain items. This act adds the retail sale of firearms and ammunition to each such holiday.

SALE OF CONFISCATED FIREARMS (Sections 542.301 and 571.095) Current law provides for the sale of any firearm and ammunition that is confiscated in connection with any felony committed with the use of a firearm. This act requires that a notice for any such sale be posted on the website and social media accounts of the police or sheriff's department responsible for the confiscation, as described in the act.

USE OF SELF-DEFENSE (Sections 563.031 and 563.085) Under current law, the defendant has the burden to prove he or she reasonably believed physical or deadly force was necessary to protect him or herself or a third person.

This act provides that there shall be a presumption of reasonableness that the defendant believed such force was necessary to defend him or herself or a third person. (Section 563.031)

This provision is identical to a provision in SB 363 (2025), HB 363 (2025), SB 771 (2024), SB 43 (2023), SB 666 (2022), and SB 1104 (2022) and is similar to a provision in SB 1459 (2026), HB 2176 (2026), SB 147 (2025) and SB 1117 (2024).

This act provides that a person who uses or threatens to use force in self-defense is immune from criminal prosecution and civil action for the use of such force, unless such force was used against a law enforcement officer who was acting in the performance of his or her official duties and the person reasonably knew or should have known that the person was a law enforcement officer.

Additionally, a law enforcement agency may use standard procedures for investigating the use or threatened use of force, but the agency may not arrest the person for using or threatening to use force unless the agency determines that there is probable cause that the force that was used or threatened was unlawful.

This act provides that the defendant can raise a claim of self-defense during a pre-trial hearing in either a criminal or civil case which shall shift the burden on the party seeking to overcome the immunity by proof of clear and convincing evidence.

Finally, this act repeals provisions relating to civil remedies that are unaffected by criminal provisions of self-defense law. (Section 563.085)

These provisions are identical to provisions in SB 147 (2025), SB 363 (2025), SB 771 (2024), SB 1117 (2024), SB 43 (2023), SB 666 (2022), and SB 1104 (2022), and are similar to provisions in HB 363 (2025).

FIREARM SUPPRESSORS (Sections 571.020 and 571.930 to 571.940) This act repeals prohibitions on the possession and selling of firearm silencers. Additionally, this act provides that after August 28, 2026, the offense of knowingly possessing or selling a firearm silencer shall not be prosecuted. If a criminal action is pending regarding a firearm silencer, such action shall be dismissed.

This act also provides that a firearm suppressor that is manufactured in this state and remains in this state shall not be subject to federal law or federal regulation. A firearm suppressor manufactured and sold in this state shall have the words "Made in Missouri" clearly stamped on it. The Attorney General shall also seek a declaratory judgment on the constitutionality of this act from a federal district court on behalf of anyone in this state manufacturing firearm suppressors.

Finally, this act shall apply to all agencies, boards, municipalities, and courts of this state. No entity in this state shall adopt any rule or regulation that allows the enforcement of federal laws regarding firearm silencers. Any entity which adopts any such rule or regulation shall not receive state grant funds. Any citizen with evidence of a violation of this act may submit a complaint to the Attorney General. The Attorney General may file a writ of mandamus pursuant to any citizen complaint.

These provisions are identical to HB 1730 (2026), SB 273 (2025) and are substantially similar to HCS/HBs 548 & 898 (2025). TRISTAN BENSON, JR.