In early 2025, the Missouri Senate is reviewing two significant Republican-sponsored bills aimed at loosening firearm regulations.
While proponents argue these measures enhance Second Amendment rights, critics, including legal experts and prosecutors, warn they could effectively “make murder legal.”
Senate Bill 74: Preemption of Local Open Carry Restrictions
Senate Bill 74, introduced by Senator Brad Hudson of Stone County, seeks to prohibit local governments from enforcing their own open carry restrictions.
This legislation would override ordinances in cities like St. Louis, where the Board of Aldermen voted in 2023 to ban open carry for individuals without concealed carry permits.
Key Provisions of SB 74:
- Statewide Uniformity: Prevents municipalities from enacting open carry laws stricter than state regulations.
- Local Autonomy Concerns: Opponents argue that cities with higher population densities, such as St. Louis (5,000 people per square mile), face unique challenges compared to rural areas like Stone County (70 people per square mile).
Senate Bill 147: Expanding Self-Defense Immunity
Senate Bill 147, sponsored by Senator Mary Elizabeth Coleman of Jefferson County, proposes several changes:
- Immunity from Prosecution: Individuals using firearms in self-defense would be immune from criminal prosecution and civil lawsuits.
- Presumption of Reasonableness: The bill presumes that anyone who uses deadly force with a firearm in self-defense is acting reasonably, effectively shifting the burden of proof away from the defendant.
Criticism from Legal Authorities
Law enforcement officials and prosecutors have expressed strong opposition:
- Legalization of Homicide: Parke Stevens from the Missouri Association of Prosecuting Attorneys stated, “All you have to do is say, someone threatened me, and now I can kill them. This is not the state or the method to make murder legal.”
- Potential for Misuse: Critics highlight cases like that of Ralph Yarl, a 16-year-old shot in Kansas City in 2023 after mistakenly ringing the wrong doorbell. The shooter claimed fear as justification, underscoring concerns about the bill’s implications.
Support from Advocates
Proponents argue these bills enhance personal protection:
- Empowering Self-Defense: Missouri resident Susan Myers emphasized that removing restrictions allows women to better protect themselves, stating, “Removing dangerous and deadly gun-free zones from Missouri statute continues to be the top priority for women of the state who carry for self-defense.”
Current Status of Missouri Gun Laws
Missouri is known for its lenient firearm regulations:
- Permitless Carry: No permit is required to carry a concealed handgun, though prohibitions exist for certain individuals.
- Second Amendment Preservation Act: Enacted in 2021, this law declared federal gun regulations invalid within the state, leading to legal challenges and a federal court ruling it unconstitutional in 2024.
Comparative Overview
Aspect | Current Law | Proposed Change (SB 74 & SB 147) |
---|---|---|
Open Carry Regulations | Varies by municipality | Standardized statewide; local bans prohibited |
Self-Defense Immunity | Subject to legal scrutiny | Presumed reasonable; immunity from prosecution |
Burden of Proof in Homicides | On defendant to prove self-defense | Shifted to prosecution to disprove self-defense |
Missouri’s proposed legislation to loosen gun laws has ignited a contentious debate between enhancing individual rights and ensuring public safety.
As these bills progress through the legislative process, the balance between Second Amendment freedoms and the potential for increased violence remains a critical concern for lawmakers, legal professionals, and citizens alike.