Missouri Senate Votes to Nullify Federal Gun Control 23-10

[NewsFeed]

Missouri Senate Votes to Nullify Federal Gun Control 23-10

Activist Post

Activist Post

February 20th, 2014


A Missouri bill which seeks to nullify virtually every federal gun control measure on the books, “whether past, present or future,” passed the Senate Thursday. SB613 would ban the state from enforcing virtually all federal gun control measures, and includes criminal charges for federal agents attempting to violate the right to keep and bear arms in Missouri.

The measure passed 23-10.

SB613 counts as what could be the strongest defense against federal encroachments on the right to keep an bear arms ever considered at the state level. It reads, in part:

All federal acts, laws, executive orders, administrative orders, court orders, rules, and regulations, whether past, present, or future, which infringe on the people’s right to keep and bear arms as guaranteed by the Second Amendment to the United States I and Section 23 of the Missouri Constitution shall be invalid in this state, shall not be recognized by this state, shall be specifically rejected by this state, and shall be considered null and void and of no effect in this state.

Federal acts which would be considered “null and void and of no effect” include, but are not limited to:

(a) Any tax, levy, fee, or stamp imposed on firearms, firearm accessories, or ammunition not common to all other goods and services which might reasonably be expected to create a chilling effect on the purchase or ownership of those items by law-abiding citizens;

(b) Any registering or tracking of firearms, firearm accessories, or ammunition which might reasonably be expected to create a chilling effect on the purchase or ownership of those items by law-abiding citizens;

(c) Any registering or tracking of the owners of firearms, firearm accessories, or ammunition which might reasonably be expected to create a chilling effect on the purchase or ownership of those items by law-abiding citizens;

(d) Any act forbidding the possession, ownership, or use or transfer of a firearm, firearm accessory, or ammunition by law-abiding citizens; and

(e) Any act ordering the confiscation of firearms, firearm accessories, or ammunition from law-abiding citizens

The legislation specifically bans all state employees from enforcing or attempting to enforce any acts running counter to the proposed law. Such a tactic is an extremely effective way to stop a federal government busting at the seams. Even the National Governors Association admitted the same recently when they sent out a press release noting that “States are partners with the federal government in implementing most federal programs.”

That means states can create impediments to enforcing and implementing “most federal programs.” On federal gun control measures, Judge Andrew Napolitano suggested that a single state standing down would make federal gun laws “nearly impossible to enforce” within that state.

James Madison, the “Father of the Constitution,” advised this very tactic. Madison supplied the blueprint for resisting federal power in Federalist 46. He outlined several steps that states can take to effective stop “an unwarrantable measure,” or “even a warrantable measure” of the federal government. Madison called for “refusal to cooperate with officers of the Union” as a way to successfully thwart federal acts.

FRIENDLY FIRE

The bill passed despite strong opposition from the law enforcement community. According to a Report from the Institute of Justice, Missouri law enforcement cashed in to the tune of $34,462,153 in forfeiture from 2001 to 2008. They only get this money if they do the bidding of the federal government.

The NRA also came out against the legislation due to a proposed amendment. Anti-gun Senator Jamilah Nasheed added language requiring gun owners to report a stolen firearm to police no more than 72 hrs after the discovery of the theft. The NRA claimed the amendment also included penalties.

Those who are unable to report a lost or stolen firearm within this arbitrary amount of time, would be subject to penalties including: a $1,000 fine, Class A misdemeanor and the loss of their Right to Carry Permit.

But the actual text of the amendment included no such language. ( read it here )

Bill author Sen. Brian Nieves and Nasheed agreed to reconsider and the amendment was removed earlier this week, removing the source of NRA opposition.

PENALTIES

In what many legal experts consider a controversial move, the Missouri bill also includes criminal charges for any federal agent who violates the state law. Under the law, state and local law enforcement would have “discretionary power” to determine determine if they will press charges.

Inside sources say this was done to alleviate concerns from Missouri Law Enforcement organizations who actively lobbied against the effort in 2013, citing a requirement to arrest “federal law enforcement partners in the field” as a primarily concern.

While constitutionally valid within the original understanding of the Constitution, “legal experts” and federal courts won’t likely support this provision. Even so, every bill in Missouri is severable. That means if a court finds part of it unconstitutional, the rest remains. And the main provision calling on the entire state to stop enforcing federal gun control measures stands on solid legal ground under the anti-commandeering doctrine. Court precedent going from 1842 to 2012 holds the feds simply cannot require state to help them violate your rights. And the feds don’t have the manpower to do it themselves.

STATE CONSTITUTION

Also today, a measure supporters say will work hand-in-hand with SB613 passed the Senate. Senate Joint Resolution 36 (SJR36) proposes an amendment the Missouri state constitution with text obligating the state government to uphold the right to keep and bear arms. It passed the Senate today by a vote of 29-4. If passed by the House, it will go to Missouri voters for approval this fall.

According to Missouri First , as a constitutional amend

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read full article at source: http://www.thedailysheeple.com/misso...l-23-10_022014

[Rounder]

This is strong evidence that legislators are reacting to lots of heavy pressure from their constituents. Whitey is frightened. His personal safety is on the line. He wants his guns, and he wants the muds to know he's got them.

Now, let's hope the JOG surrounds the state capitol building in Jefferson City, with gun-and-bayonet tottin, "All American" troops from the 82d Airborne Division, and arrests those "traitors" inside. Then we'll know the revolution is getting somewhere.

Oh, glory day !!

[ELF]

It's nice to know that there are still good and sane people in the US government who are will to pretty well risk their freedom and maybe even their lives to stay true to the *True Democracy* that the US's founding fathers fought for.

[Ironguard1940]

"The bill passed despite strong opposition from the law enforcement community."

"The NRA also came out against the legislation due to a proposed amendment."

Interesting how the very organizations who are supposed to protect us and our rights came out against this law.

[Fred]

I like the idea of the bill but isn't it more symbolic than anything?

Federal law supersedes State law. There can be consequences if a State violates Federal law.

[Rounder]

Originally Posted by Fred

I like the idea of the bill but isn't it more symbolic than anything?

Federal law supersedes State law. There can be consequences if a State violates Federal law.

Good points, Fred. We need an attorney's honest insights into this. Politicians do and say all sorts of "symbolic" crap in order to fool/mislead voters.

[313Chris]

Originally Posted by NewsFeed

(a) Any tax, levy, fee, or stamp imposed on firearms, firearm accessories, or ammunition not common to all other goods and services which might reasonably be expected to create a chilling effect on the purchase or ownership of those items by law-abiding citizens;

I presume this is directed at 'Class III' items -- suppressors, SBR's, full-auto firearms, high explosives, etc.

I'm encouraged that Americans are becoming increasingly assertive and arbitrary about their Second kwAmendment rights, but some of those items, even if they were legal, I would personally have no interest in owning.

Suppressors - perhaps on a handgun, but on a kwAR-15 for example, they severely over-gas the operating system and cause premature wear. No thanks.

SBR - 5.56mm NATO was optimized for a 20-inch barrel with a 12-inch gas system. Going shorter than the ATF-legal 16-inch barrel is too compromising for the bullet velocity for my tastes, and most kwassault-type rifles are plenty small enough as it is. Again, no thanks.

Full auto - too inaccurate when applied to anything but submachine gun calibers for me to consider useful, and it's a waste of valuable ammo. If anyone else wants it though, I say have at it. But I'll pass.

All that said, I applaud the citizens and legislators of Missouri for their aggression and boldness.