Missouri prohibits “recklessly” selling, leasing, loaning, giving away or delivering any firearm to a person under age 18 without the consent of the child’s custodial parent or guardian.1
Missouri also prohibits anyone from violating the federal law prohibiting anyone from selling or transferring a handgun or handgun ammunition to a person under age 18.2
Federal law imposes stricter age restrictions in certain situations, however, in 2021, Missouri enacted the so-called “Second Amendment Preservation Act (SAPA)” which subjects local and state law enforcement officers to fines of $50,000 for helping to enforce a federal gun law.3 Accordingly, law enforcement in the state are no longer enforcing federal gun laws including laws that keep guns out of the minors and young adults. On March 7, 2023, a federal court declared SAPA unconstitutional but has allowed the law to stay in effect pending appeals.4
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- Mo. Rev. Stat. § 571.060.1(2). A person “acts recklessly” or is reckless under Missouri law when he or she consciously disregards a substantial and unjustifiable risk that circumstances exist or that a result will follow, and such disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation. Mo. Rev. Stat. § 562.016.4
- See Mo. Rev. Stat. § 571.080, which refers to 18 U.S.C. § 922(x).
- Mo. Rev. Stat. § 1.410 et. seq.
- USA v. State of Missouri, Case No. 2:22-CV-04022-BCW (March 7, 2023).