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SECOND REGULAR SESSION [TRULY AGREED TO AND FINALLY PASSED] HOUSE COMMITTEE SUBSTITUTE FOR HOUSE BILL NOS.
4734H04.01H HB 1839 House _____________________________________________________ Amendment NO.____ Offered By _____________________________________ ___________________________________ AMEND House Committee Substitute for House Bill Nos.
1839, 2921 & 3015 103RD GENERAL ASSEMBLY 4734H.04T 2026 AN ACT To amend chapter 407, RSMo, by adding thereto one new section relating to age verification on adult websites, with penalty provisions.
1839, 2921 & 3015, Page 1, Section A, Line 2, by inserting after said section and line the following:
Be it enacted by the General Assembly of the state of Missouri, as follows:
4 "407.1170.
Section A.
Chapter 407, RSMo, is amended by adding thereto one new section, to be known as section 407.3405, to read as follows:
407.3405.
As used in this section, the following terms mean:
After December 31, 2026, no person or entity shall sell any firearm ammunition unless the person or entity is designated by the secretary of state as a licensed ammunition seller.
(1) "Age verification", a method by which a commercial entity verifies the age of an individual by requiring the individual to:
(a) Provide digital identification;
or (b) Comply with a commercial age-verification system that verifies age using:
a.
Government-issued identification;
or b.
A commercially reasonable method that relies on public or private transactional data to verify the age of an individual;
(2) "Commercial entity", a corporation, limited liability company, partnership, limited partnership, sole proprietorship, or other legally recognized business entity;
(3) "Digital identification", information stored on a digital network that may be accessed by a commercial entity and that serves as proof of the identity of an individual;
(4) "Distribute", to issue, sell, give, provide, deliver, transfer, transmute, circulate, or disseminate by any means;
(5) "Minor", an individual younger than eighteen years of age;
(6) "News-gathering organization":
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law.
Matter in bold-face type in the above bill is proposed language.
HCS HBs 1839, 2921 & 3015 2 (a) An employee of a newspaper, news publication, or news source, printed or on an online or mobile platform, of current news and public interest, who is acting within the course and scope of that employment and can provide documentation of that employment with the newspaper, news publication, or news source;
and (b) An employee of a radio broadcast station, television broadcast station, cable television operator, or wire service who is acting within the course and scope of that employment and can provide documentation of that employment;
(7) "Publish", to communicate or make information available to another person or entity on a publicly available internet website;
(8) "Sexual material harmful to minors", any material that:
(a) The average person applying contemporary community standards would find, taking the material as a whole and with respect to minors, is designed to appeal to or pander to the prurient interest;
(b) In a manner patently offensive with respect to minors, exploits, is devoted to, or principally consists of descriptions of actual, simulated, or animated displays or depictions of:
a.
A person's pubic hair, anus, or genitals or the nipple of the female breast;
b.
Touching, caressing, or fondling of nipples, breasts, buttocks, anuses, or genitals;
or c.
Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, excretory functions, exhibitions, or any other sexual act;
and (c) Taken as a whole, lacks serious literary, artistic, political, or scientific value for minors;
(9) "Transactional data", a sequence of information that documents an exchange, agreement, or transfer between an individual, commercial entity, or third party used for the purpose of satisfying a request or event.
"Transactional data" includes records from mortgage, education, and employment entities.
A commercial entity that knowingly and intentionally publishes or distributes material on an internet website, including a social media platform, more than one-third of which is sexual material harmful to minors, shall use a third party to perform reasonable age-verification methods to verify that an individual attempting to access the material is eighteen years of age or older.
This section shall not apply to:
(1) A commercial hunting club, provided the ammunition is used and consumed on the premises of the club while engaged in lawful hunting activity;
(2) A domesticated game bird hunting club, provided the ammunition is used and consumed on the premises of the club while engaged in lawful hunting activity;
(3) A domesticated migratory game bird shooting club, provided the ammunition is used and consumed on the premises of the club while engaged in lawful hunting activity;
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(4) A nonprofit mutual or public benefit corporation that engages in recreational shooting and lawful hunting activity, provided the ammunition is used and consumed during a shooting or hunting event conducted by the corporation;
(5) A target shooting facility that holds a business or regulatory license, provided the ammunition is kept within the facility's premises at all times and used on the premises;
or (6) A person who sells no more than one hundred rounds of ammunition to one vendor in one month and who cumulatively sells no more than two hundred fifty rounds per year to vendors in this state.
A third party that performs the age verification under this section shall not retain any identifying information of the individual.
The secretary of state may establish eligibility criteria for licensed ammunition sellers.
At a minimum, a licensed ammunition seller shall not be prohibited by state or federal law or by a court order from possessing, receiving, owning, or purchasing a firearm.
This section shall not apply to a bona fide news or public interest broadcast, website video, report, or event and shall not be construed to affect the rights of a news- gathering organization.
Beginning September 1, 2026, the secretary of state shall accept applications for licensed ammunition sellers.
HCS HBs 1839, 2921 & 3015 3 5.
The secretary of state may charge a fee sufficient to cover reasonable costs of issuing a license.
An internet service provider, or its affiliates or subsidiaries, a search engine, or a cloud service provider shall not be held to have violated provisions of this section solely for providing access or connection to or from a website or other information or content on the internet or on a facility, system, or network not under that provider's control, including transmission, downloading, intermediate storage, access software, or other services to the extent the provider or search engine is not responsible for the creation of the content that constitutes sexual material harmful to minors.
The secretary of state shall either issue a license or deny an application within sixty days of receiving the application.
If an application is denied, the secretary of state shall inform the applicant of the reason for denial in writing.
Action Taken___________________________________________ Date __________________ Page 1 of 3 4734H04.01H 5.
A license for a licensed ammunition seller shall be issued in a form prescribed by the secretary of state.
Licenses shall be valid for one year and shall authorize the licensed ammunition seller to sell ammunition:
(1) From any location specified in the license;
or (2) At a gun show or event if the gun show or event is not conducted from any motorized or towed vehicle.
The attorney general shall enforce the provisions of this section.
The secretary of state shall promulgate regulations to implement the provisions of this section.
If the attorney general believes that a commercial entity is knowingly violating or has knowingly violated the provisions of this section and the action is in the public interest, the attorney general may bring an action in a court of competent jurisdiction.
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.
If the court finds that a violation occurred, the court may grant damages, injunctive relief, civil penalties, court costs and reasonable attorney's fees, and any such other relief the court finds appropriate.
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 the effective date of this section shall be invalid and void.
Civil penalties shall be as follows:
7.
(1) Ten thousand dollars per day that a commercial entity operates a website in violation of the age-verification requirements under this section;
Any person who sells firearm ammunition in violation of this section shall be guilty of a class D misdemeanor.
(2) Ten thousand dollars per instance when a commercial entity retains identifying information in violation of this section;
Each individual sale shall be deemed a separate violation.
and (3) An additional amount of not more than two hundred fifty thousand dollars if one or more minors accessed sexual material harmful to minors in violation of the age- verification requirements under this section.
407.1171.
1.
No licensed ammunition seller shall employ in a position that handles, sells, delivers, or has custody or control of firearms or ammunition an agent or employee who the seller knows or reasonably should know is prohibited by state or federal law or by court order from possessing, receiving, owning, or purchasing a firearm or ammunition.
2.
No licensed ammunition seller shall sell, offer for sale, or display for sale any ammunition in a manner that allows the ammunition to be accessible to a purchaser without the assistance of the seller or the seller's employee.
3.
A violation of this section shall be a class D misdemeanor.
407.1172.
1.
No person or entity shall supply, deliver, sell, or give possession or control of any firearm ammunition to a person who the person or entity knows or has cause to believe is prohibited by a court order from owning, possessing, or having custody or control of any firearm ammunition.
2.
No person or entity shall supply, deliver, sell, or give possession or control of any firearm ammunition to:
(1) A person who the person or entity knows or has cause to believe is not the actual purchaser of the ammunition;
or (2) A person who the person or entity knows or has cause to believe will subsequently sell or transfer the ammunition to a person prohibited by a court order from owning, possessing, or having custody or control of any firearm ammunition.
3.
The sale, delivery, or transfer of firearm ammunition shall occur only in a face-to-face transaction with the seller, deliverer, or transferor being provided bona fide evidence of the identity of the purchaser or transferee.
However, ammunition may be purchased over the Page 2 of 3 4734H04.01H internet or through other means of remote ordering if the ammunition is first delivered to a licensed ammunition seller in this state who verifies the purchaser or transferee is not prohibited by state or federal law or by court order from possessing, receiving, owning, or purchasing a firearm or ammunition.
4.
After December 31, 2026, no resident of this state shall bring or transport into this state firearm ammunition that the resident purchased outside of this state unless the resident first has the ammunition delivered to a licensed ammunition seller in this state for delivery to the resident after the seller verifies the purchaser or transferee is not prohibited by state or federal law or by court order from possessing, receiving, owning, or purchasing a firearm or ammunition.
This subsection shall not apply to:
(1) A gunsmith acting in an official capacity;
(2) A wholesaler acting in an official capacity;
(3) A federally licensed manufacturer or importer of firearms or ammunition acting in an official capacity;
(4) A licensed ammunition seller;
(5) A federally licensed collector of firearms;
(6) A law enforcement agency or agent thereof acting in an official capacity;
(7) A contract or common carrier or an authorized agent or employee thereof acting in an official capacity;
(8) A person who purchases the ammunition from an immediate family member, spouse, or registered domestic partner if the person brings or transports into this state no more than fifty rounds;
(9) An executor or administrator of an estate that includes ammunition;
(10) A person who was not a resident of this state when he or she acquired the ammunition;
(11) A hunter who purchased the ammunition for use in a lawful hunting activity that occurred outside this state if the person brings or transports into this state no more than fifty rounds;
or (12) A person who participates in an organized competitive match or league competition that involves the use of firearms in a match or competition sponsored by, conducted under the auspices of, or approved by a law enforcement agency or nationally recognized or state- recognized entity that fosters proficiency in, or promotes education about, firearms if the person brings or transports into this state no more than fifty rounds.
5.
A violation of this section shall be a class B misdemeanor.";
and Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
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