Opinion Letter to The Honorable Alex J. Fazzino

February 14, 1980 OPINION LETTER NO. 29 (Answer by Letter-Green) Honorabl e Alex J. Fazzino Representative , 22nd District 1809 Pendleton FlLED Kansas City, Missouri 64106 ~q Dear Mr. Fazzino: This official opinion is issued in r esponse to your inquiry which asks whether, under Section 571.105 , RSMo 1978 , a dealer of automatic weapons , who has been duly licensed by the federal government to possess and transfer automatic weapons to law enforcement agencies , is precluded as a Missouri resident from possessing such weapons and doing business in the State of Missouri. Section 571.105 states : It shall be unlawful for any person to sell , deliver , transport, or have in actual possession or control any machine gun , or assist in, or cause the same to be done •.•. provided , that nothing in this section shall prohibit the sale, delivery, or transportation to police departments or members thereof , sheriffs, city marshals or the military or naval forces of this state or of the United States, or the possession and transpor- tation of such machine guns , for official use by the above named officers and military and naval forces in the discharge of their duties . Honorable Alex J. Fazzino It is a basic rule of statutory construction that one must seek the intention of the lawmakers and do so from the words used in the statute , if possible , ascribing to the language used its plain and rational meaning and giving significance to every word , phrase, sentence and part thereof, if in keeping with that intent. State ex rel . Jones v . Ralston Purina Company, 358 S.W.2d 772, 777 (Mo. bane 1962) . Ord1nar1ly , the word "provided'' introduces a condition or exception and is often synonymous with "if ." State ex inf. McKittrick v. Murphy, 347 Mo . 484, 148 S.W.2d 527, 532 (bancl941). In ordinary usage, the words "provided, that" denote a limitation upon, exception to , or requirement in addition to that which has gone before. Carr v. Burke, 333 Mass. 365, 130 N.E.2d 687 , 688 (1955) . Following these rules of statutory construction , Section 571 . 105 may be read as prohibiting the sale, delivery, transpor- tation, or actual possession or control of a machine gun in the State of Missouri by anyone except persons selling , delivering, or transporting the same to police departments or other autho- rized agencies or persons. The words "provided, that" appearing in the statute carve out an exception from the statute ' s general prohibition against the possession of such weapons. Therefore, it is our view that Section 571.105 does not pro- hibit the possession of machine guns for the purpose of sale, delivery or transportation to police departments or members thereof, sheri ffs , city marshals or the military or naval forces of this state or of the United States. Sincerely, JOHN ASHCROFT Attorney General - 2 -