Yesterday Representative Andrew McDaniel (r) introduced a bill that would require every Missouri resident over the age of twenty-one to own a handgun. Details are now available.
The text [pdf] of HB 1052:
FIRST REGULAR SESSION
HOUSE BILL NO. 1052
100TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE MCDANIEL. 2259H.01I DANA RADEMAN MILLER, Chief Clerk
AN ACT
To amend chapters 41 and 135, RSMo, by adding thereto two new sections relating to the McDaniel Second Amendment Act.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapters 41 and 135, RSMo, are amended by adding thereto two new sections, to be known as sections 41.1020 and 135.785, to read as follows:
41.1020. 1. This section shall be known and may be cited as the “McDaniel Second Amendment Act”.
2. As used in this section, the following terms mean:
(1) “Handgun”, a pistol, revolver, or other firearm designed to be held in one hand that is capable of firing .22 caliber ammunition or larger;
(2) “Resident”, a resident of this state who is twenty-one years of age or older and is not prohibited by law or court order from possessing a firearm.
3. Every resident of this state shall own at least one handgun.
4. Any resident twenty-one years of age or older who does not own a handgun on 10 August 28, 2019, shall have one year to purchase a handgun. Any resident who becomes twenty-one years of age after August 28, 2019, and does not own a handgun shall purchase a handgun no later than one year after becoming twenty-one years of age.
5. A resident may sell a handgun provided that the resident owns at least one handgun at all times.
135.785. 1. As used in this section, the following terms mean:
(1) “Handgun”, the same meaning as the term is defined under section 41.1020;
(2) “Taxpayer”, an individual subject to the state income tax under chapter 143.
2. For all tax years beginning on or after January 1, 2019, a taxpayer who did not own a handgun before he or she was required to own a handgun under section 41.1020 and who purchased a handgun in order to satisfy the requirements of section 41.1020 shall be allowed to claim a tax credit against such taxpayer’s income tax liability under chapter 143, excluding withholding tax imposed by sections 143.191 to 143.265, equal to seventy-five percent of the cost of the handgun purchased.
3. The total amount of tax credits authorized under this section shall not exceed one million dollars per tax year. Tax credits shall be issued on a first-come, first-served basis.
4. No tax credit claimed under this section shall be refundable.
5. The department of revenue may promulgate rules to implement the provisions of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable, and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2019, shall be invalid and void.
6. Under section 23.253 of the Missouri sunset act:
(1) The provisions of the new program authorized under this section shall automatically sunset on December thirty-first six years after the effective date of this section unless reauthorized by an act of the general assembly;
(2) If such program is reauthorized, the program authorized under this section shall automatically sunset on December thirty-first twelve years after the effective date of the reauthorization of this section; and
(3) This section shall terminate on September first of the calendar year immediately 30 following the calendar year in which the program authorized under this section is sunset.
“…This section shall be known and may be cited as the ‘McDaniel Second Amendment Act’…”
Uh, did the sponsor name the act after himself? Just asking.
“…’Handgun’, a pistol, revolver, or other firearm designed to be held in one hand that is capable of firing .22 caliber ammunition or larger…”
Well, maybe a miniature trebuchet with a wrist strap could work. You think?
“…Every resident of this state shall own at least one handgun…”
Do shares count? Just asking.
Damn. Think of the entrepreneurial possibilities! “Yes, I’d like to buy a 1/1000 share in a handgun. Maybe something in a nine milimeter.” “Why, yes, and your share comes with photo and a nicely engraved proof of ownership certificate. Visitation rights are extra.”
“…A resident may sell a handgun provided that the resident owns at least one handgun at all times…”
I dunno, I think the share thing could still work.
“…The total amount of tax credits authorized under this section shall not exceed one million dollars per tax year…”
Can you still get a tax credit if you 3D print your own handgun? Just asking. That might make the tax credit go farther.
The bill does include a sunset clause. Your right wingnut controlled General Assembly, always ready with the unintentional irony.
Previously:
HB 1052: Matchlock or flintlock? (February 25, 2019)
HB 1039: “We’re having a contest!” (February 26, 2019)
