Missouri has not enacted a red flag law (Extreme Risk Protection Order, or ERPO, statute). As of May 2026, no Missouri statute authorizes a court to...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
Missouri has not enacted a red flag law (Extreme Risk Protection Order, or ERPO, statute). As of May 2026, no Missouri statute authorizes a court to temporarily remove firearms from a person identified as a danger to self or others based on petition by a family member, household member, or law enforcement officer.
Approximately 21 states and the District of Columbia have enacted red flag laws since 2014. Missouri is not among them. Several Missouri bills have been introduced (HB 200 in 2023, SB 198 in 2024, others) but none has advanced to enactment.
Although Missouri has no dedicated red flag statute, several existing authorities allow firearms to be temporarily or permanently removed in specific contexts:
Mo. Rev. Stat. Chapter 632 governs involuntary mental health commitment. A person who has been involuntarily committed to a mental institution under Chapter 632 is a Missouri prohibited person under Mo. Rev. Stat. Section 571.070.1(2) for five years following the commitment, and is a federal prohibited person under 18 U.S.C. Section 922(g)(4) indefinitely.
The commitment process requires:
If the person is committed, the criminal-history records reporting system is updated, and the person becomes a prohibited person. The CCP, if any, is subject to revocation under Section 571.114.
Mo. Rev. Stat. Chapter 455 governs adult protective orders in domestic violence cases. A court order under Chapter 455 may prohibit the respondent from possessing a firearm. This is consistent with federal law under 18 U.S.C. Section 922(g)(8) (prohibition on firearm possession by a person subject to a qualifying domestic-violence restraining order).
The court may order:
The order is typically issued ex parte initially, with a full hearing within 15 days. Both the petitioner and respondent have a right to counsel and to present evidence.
A person convicted of a felony in Missouri or any jurisdiction becomes a prohibited person under both Missouri and federal law. The conviction itself triggers the prohibition; no separate order is required. Firearms in the person's possession at the time of conviction are typically forfeited under Mo. Rev. Stat. Section 542.301.
A person who experiences a personal crisis, mental health emergency, or other event may voluntarily surrender firearms to a family member, friend, or licensed dealer. Missouri does not have a statutory framework for voluntary surrender as in some red flag states, but such voluntary action is not prohibited. The person regains possession by retrieving the firearms; if surrendered to a licensed dealer, the transfer back to the original owner does not require a new background check (because the dealer holds for the owner; the firearm is not legally transferred).
Several bills introduced in the 102nd and 103rd Missouri General Assemblies (2023-2024 and 2025-2026) would have created various forms of red flag authority:
None of these bills has been enacted. The political coalition supporting such legislation has not assembled the supermajority needed to overcome procedural obstacles in the Missouri General Assembly.
The federal Bipartisan Safer Communities Act of 2022 provides federal grants to states that enact red flag laws. Missouri has not participated. The U.S. Department of Justice administers the program; states that enact qualifying red flag laws receive funding for implementation.
The 2022 act also expanded the federal prohibition on firearm possession by persons subject to domestic-violence restraining orders to cover dating partners (not just spouses and cohabitants), under the "boyfriend loophole" closure. This federal change applies in Missouri regardless of state law.
For a Missouri resident concerned about a family member's mental health crisis and access to firearms:
Voluntary surrender. Ask the at-risk person to voluntarily surrender firearms to a trusted third party or licensed dealer. Document the surrender.
Petition for involuntary commitment. Under Chapter 632, if the person meets the commitment standard (mentally ill and likely to cause serious harm), petition the court. Commitment triggers the federal and state firearm prohibitions.
Petition for domestic violence protective order. Under Chapter 455, if the person presents a domestic-violence threat. The order can include firearm restrictions.
Notify law enforcement of specific threats. A person who has made a credible threat of violence may be the subject of criminal investigation. Local law enforcement should be contacted; specific threats may support arrest for terroristic threat (Mo. Rev. Stat. Section 574.115) or other offenses.
The absence of a red flag law means none of these existing tools is a quick administrative process; each requires court action with notice and hearing.
Red flag laws have been the subject of substantial litigation in other states. The principal challenges relate to:
The U.S. Supreme Court has not directly ruled on the constitutionality of red flag laws. Lower courts have generally upheld them, with some procedural protections required. The Missouri Constitution's strict-scrutiny clause at Mo. Const. art. I, Section 23 (added by Amendment 5 in August 2014) would apply to any Missouri red flag statute and could impose a higher constitutional standard than the federal Second Amendment alone.
| Statute | Subject |
|---|---|
| Mo. Rev. Stat. Chapter 632 | Involuntary mental health commitment |
| Mo. Rev. Stat. Section 571.070.1(2) | State-law prohibition (5 years post-commitment) |
| Mo. Rev. Stat. Section 571.114 | CCP suspension/revocation |
| Mo. Rev. Stat. Chapter 455 | Adult abuse and child abuse protective orders |
| Mo. Rev. Stat. Section 542.301 | Forfeiture of firearm following felony |
| Mo. Rev. Stat. Section 574.115 | Terroristic threat |
| Mo. Const. art. I, Section 23 | Strict scrutiny clause |
| 18 U.S.C. Section 922(g)(4) | Federal prohibition (mental commitment) |
| 18 U.S.C. Section 922(g)(8) | Federal prohibition (DV restraining order) |
This section reflects Missouri law as of May 2026. The political and legislative landscape on red flag legislation continues to develop; consult current bill tracking for any new developments.
This page covers one part of our Missouri concealed carry guide.
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