A Missouri House committee heard public testimony Wednesday on a bill that would prevent the enforcement of red flag laws even though none currently exist in the state.
Also known as extreme risk protection orders, red flag laws allow courts to call for the temporary seizure of a person’s firearms if they pose a risk to themself or others.
Anti-red flag bill sponsor and House Speaker Pro Tem Chad Perkins, R-Bowling Green, said “adult mature people” should be able to remove a family member’s firearm without a court order.
“To assume that someone is guilty without probable cause is absolutely un-American,” Perkins said.
There is no federal red flag law. More than 20 states have passed their own.
Rep. Steve Butz, D-St. Louis, filed a red flag bill this session. It has not been scheduled for a hearing. Rep. Ian Mackey, D-St. Louis County, has also proposed several similar bills in the past that did not receive hearings.
House Minority Leader Ashley Aune, D-Kansas City, said the shooting at St. Louis’ Central Visual and Performing Arts high school in 2022 could possibly have been prevented with a red-flag law.
“Family had called and said, ‘Hey, this person is dangerous. I'm worried that they have access to firearms,’” Aune said. “And because of Missouri's laws, they were unable to remove the firearm from that person's possession.”
In response, Perkins said the state should consider having a conversation about mental health. He was echoed by Sen. Jamie Gragg, R-Ozark, who argued it would be easier to stop school shootings by addressing families without fathers present and poor education.
“It's not the end product, it's not the gun violence, it's (that) these children have issues ahead of time,” Gragg said.
As a gun owner herself, Aune said she understands not wanting to infringe upon Second Amendment rights without due process, but she believes Perkins’ bill is a public safety issue.
“One of the things that simply doesn't get discussed in these in these hearings is that more white rural men are dying by suicide because of their access to firearms,” Aune said Thursday.
“We have to have a mechanism in place to keep not only that individual safe, but the folks around them,” Aune said.
According to data from the Centers for Disease Control and Prevention, white men accounted for nearly 60% of the state’s suicide deaths by firearm in 2023. In the same year, there were 200 more firearm-related suicides than homicides.
Other gun legislation being considered
Perkins’ anti-red flag law bill is a sweeping piece of legislation that would amend a number of other firearms statutes, including lowering the minimum age to hold a concealed carry permit from 19 to 18.
It would also prevent local governments from regulating conceal and carry permits – currently, the sole legislating they are allowed to do in regards to firearms.
Additionally, Perkins’ bill would create an automatic presumption that those using deadly force in self-defense acted within reason.
“A victim who fights back, successfully managing to protect themselves, should not be victimized a second time by our legal system,” said Susan Myers, director of Missouri’s chapter of Women for Gun Rights, who testified in support of the bill.
The bill would also provide immunity from criminal and civil prosecution for the use or threat of deadly force in self-defense, with few exceptions.
“We don't need a law in Missouri that gives people the right to seek out dangerous situations and shoot first and ask questions later,” said Kristin Bowen of the Missouri chapter of Moms Demand Action, who spoke against the bill.
If passed by the committee, Perkins’ HB 2176 could potentially be one of several gun-related pieces of legislation up for debate this year.
The Senate’s education committee recently approved a bill that would establish a school shooting training program for law enforcement.
Versions of the Second Amendment Preservation Act, known as SAPA, have also been reintroduced in the Senate. The act to penalize Missouri police for enforcing federal gun laws was struck down for being unconstitutional in 2023.
