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Missouri Senate Bans All Federal Gun Control Laws in Proposed Bill

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Missouri Senate Bans All Federal Gun Control Laws in Proposed Bill

March 19, 2019

Missouri may have just made the most monumental step towards freedom and individual liberty since the signing of the Bill of Rights. In an upcoming vote by Missouri’s state senate, the state is expected to pass a bill that would nullify ALL Federal gun laws and regulations, and make enforcement of those laws by federal officers within the State of Missouri a criminal offense. Republicans control both U.S. Senate seats and more than two-thirds of the seats in both the Missouri House and Senate.

Like it’s predecessor, SB613, Bill SB367 and it’s companion, House Bill HB786, would prevent all state agencies and their employees from enforcing any federal law that infringes the Second Amendment in any way, including gun registrations, fees, fines, licenses and bans. Originally authored in 2014, a former version of the bill was also passed, but vetoed by then Missouri Governor Jay Nixon. 

Pro-Gun Legislation with teeth

A stipulation of the newly passed bill states:

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“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.”

For added measure, SB367’s authors went into great detail on what federal laws will be “considered null and void and of no effect.”

(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

Such language is designed to guarantee that the measure can’t be worked around or misninterpreted by legislators or law enforcement agencies. This is an example of pro-gun legislation with teeth. 

7620BBAB-DF72-4C65-8EC2-167ABCD598E3-102 Just HiPoint it

Law Enforcement will be losing their ill-gotten gains

The bill passed despite heavy opposition by Missouri’s law enforcement community, which should be no surprise, as Missouri law enforcement agencies raked in $34,462,153 in forfeitures from 2001 to 2008, according to a report by the Institute of Justice. That’s a lot of cash for doing Uncle Sam’s bidding, and now law enforcement officers will have to focus on collecting revenue from actual criminals, instead of stealing it from gun owners. 

The bill’s other stiff opposition came from an unlikely source: the NRA. Anti-gun Senator Jamilah Nasheed tried to sneak language into SB367 that would require gun owners to report a stolen firearm to police no more than 72 hours after the discovery of the theft, or face a $1,000 fine and a misdemeanor charge. However, the actual text of the bill included no such language. 

Bill author Senator Eric Burlison and bill saboteur Senator Nasheed agreed to reconsider and the stolen firearm reporting clause was removed earlier this week, thus satisfying the source of NRA opposition.

Here’s where things get interesting. The Missouri bill also includes criminal charges for any federal agent who violates SB367. As per the new law, state and local (municipal & county) law enforcement officers would be given “discretionary power” to determine if they will press criminal charges against federal agents who break the law by enforcing the now nullified federal gun control measures.

66ACAACA-516D-4AF1-B2FD-96BFD67EAB2F-825 Suck on my freedom, Feds

But will it hold up in a federal court?

Yes. The bill’s main provision calling on the entire state to cease enforcing federal gun control measures stands on solid legal ground under the anti-commandeering doctrine. Court precedent from 1842 to 2012 stipulates that the feds simply cannot require a state to help them violate your Constitutional rights, and allows states the power to refuse to enforce such federal laws it deems unConstitutional. Besides, the feds simply don’t have the manpower to do it at the state level without the assistance and partnership of state and local agencies. 

Just in case that isn’t enough, Missouri’s Senate also passed a measure supporters say will work hand-in-hand with SB367, solidifying it by codifying the Second Amendment into Missouri’s state constitution. Senate Joint Resolution 36 (SJR36) proposes an amendment to 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 be entered on the ballot for Missouri voters’ approval this fall. The amendment would elevate the Right to Bear Arms to “unalienable status,” thereby obligating the state, its courts and agencies to defend it as a guaranteed right of Missouri citizens.

Can you imagine if other states follow suit? It would spell the death of gun control in red states, at the very least, if not a step toward political Balkanization. Blue voters would leave red states for those states which prefer heavy-handed federal regulations, and red voters in blue states would have less incentive to continue having their rights treated as privileges. We’ll see if they can get it approved by Missouri’s Governor this time.

 

http://thesentinel.net/politics/missouri-bans-all-federal-gun-control-laws-in-23-10-vote/

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Posted (edited)

Interesting approach.  Good luck, as I see a rash of federal authorities heading to the state to start charging people with violating federal gun laws.   As long as the Federal gun laws are deemed constitutional, the state can't circumvent them.   I foresee it being  wrapped up in the Federal court system for years.   

It is not as cut and dry as the Missouri legislatures think.  

Edited by Sand Shark

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Damn thats awesome, might even be worth putting up with the humidity :cheers:

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This is along the same grain as legal pot for states, and is perfectly within their power since the constitution specifically restricts the federal government’s power here. 

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41 minutes ago, Sand Shark said:

Interesting approach.  Good luck, as I see a rash of federal authorities heading to the state to start charging people with violating federal gun laws.   As long as the Federal gun laws are deemed constitutional, the state can't circumvent them.   I foresee it being  wrapped up in the Federal court system for years.   

It is not as cut and dry as the Missouri legislatures think.  

You’re right, we backwards ass Missourians need to import us some California legislators...............

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43 minutes ago, raspadoo said:

Damn thats awesome, might even be worth putting up with the humidity :cheers:

 

You could just visit. I bet if you like this legislation you would be entertained at my place.

 

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I think California is next to pass legislation like this ... at least in my dreams....

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2 hours ago, Sand Shark said:

Interesting approach.  Good luck, as I see a rash of federal authorities heading to the state to start charging people with violating federal gun laws.   As long as the Federal gun laws are deemed constitutional, the state can't circumvent them.   I foresee it being  wrapped up in the Federal court system for years.   

It is not as cut and dry as the Missouri legislatures think.  

It works for the liberals with their weed laws and sanctuary state crap for illegals.  I fail to see any difference.

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27 minutes ago, Kat-A-Tonic said:

It works for the liberals with their weed laws and sanctuary state crap for illegals.  I fail to see any difference.

Except the Feds are a little more interested in guns then weed.  Gun control is a hot bed of debate in Washington and I don’t see the gun control supporters just letting this happen.  Whether they can do anything about iit we shall see. 

  Some interesting areas of the Constitution will be at issue with state power versus federal power,  Commerce clause , public safety/general welfare and some other stuff.  

I am sure there are several states waiting to see  how this works out. 

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4 hours ago, Sand Shark said:

Interesting approach.  Good luck, as I see a rash of federal authorities heading to the state to start charging people with violating federal gun laws.   As long as the Federal gun laws are deemed constitutional, the state can't circumvent them.   I foresee it being  wrapped up in the Federal court system for years.   

It is not as cut and dry as the Missouri legislatures think.  

How can any anti-gun law be constitutional?

I'll give you a little help. It can't.

"The right of the people to keep and bear arms shall not be infringed."

I'm not going to bore you with the definition of infringed, but it's quite a bit different than "banned" or "regulated." Like when I'm on an airplane and there are 3 seats in the row and 4 arm rests. I'd better get at least 1 arm rest, or somebody's gonna get the loud message that I'm feeling infringed. Now imagine how much more strongly I feel about my 2nd Amendment right than I do about an arm rest... 

and yes, as far as I can tell, all gun control legislation currently in effect is unconstitutional.

 

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Well done Missouri 

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Didn't we already have a little skirmish over states rights???

And if my old ass failing memory serves me correctly we Arkansans were taught that Missourians kinda had two dogs in that fight.  Sounds like with this bill they have what's best for all citizens in mind, not just the infiltrators from the north.

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so does that mean you can go to 7 11 and get a rocket launcher and a few machine guns ????

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 I'd settle for a few DIAS. 

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Posted (edited)

The feds will have Missouri crawling on their knees in no time.....

The feds will withhold (blackmail) all federal funds into the state.

So ultimately, the bill means nothing.....

Don't bite off the hand that feeds you.

Edited by old flatty

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2 hours ago, old flatty said:

The feds will have Missouri crawling on their knees in no time.....

The feds will withhold (blackmail) all federal funds into the state.

So ultimately, the bill means nothing.....

Don't bite off the hand that feeds you.

Sadly I agree...

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Posted (edited)
7 hours ago, old flatty said:

The feds will have Missouri crawling on their knees in no time.....

The feds will withhold (blackmail) all federal funds into the state.

So ultimately, the bill means nothing.....

Don't bite off the hand that feeds you.

When you say feds, are you talking about the BATF? Libtard lunatics in Congress? Trump?

I would have automatically made that assumption as well back when Obama was prez, but now with Trump, this might be a chance for him to show his support for the 2nd A. and stick it to the libtards that have been harassing him since he took office.

Part of why I like him is he does things I would do, and taunts his enemies when he feels like it. Sure, it's not presidential, but I think it's funny as hell when he tweaks the libtards! When was the last time you heard anything about any of the Kartrashians?? Thank you, MY President!      :lmao:

You never know, he may choose to roll back existing federal gun regs. just to make their heads explode! I'd watch that on Youtube! That would be as satisfying as when they all melted down when he got elected!   :lol:

If I were the NRA, I'd get someone over there now to whisper in his ear that this would be the perfect time to roll back all federal gun regs, including the NFA, and make sure the 2nd A. is enforced without infringement in all 50 states! You never know until you try! After seeing him win the election against all odds, anything is possible! 

He's already proven that he has the balls to do what he wants and doesn't care about bad publicity. First - build the wall, then start getting rid of all of the unnecessary gun regs. He did promise to get rid of 10 laws or regs for every new one that was written. 

Edited by socaldmax

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Congress of course. Trumps my Prez !

They control the purse strings.

Who was Prez when AZ no thank you to MLK ?

AZ folded pretty quickly; and most people still go to work that day as well.

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5 hours ago, old flatty said:

Congress of course. Trumps my Prez !

They control the purse strings.

Who was Prez when AZ no thank you to MLK ?

AZ folded pretty quickly; and most people still go to work that day as well.

Doesn't the Prez have veto power over those scumbags?

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10 hours ago, socaldmax said:

Doesn't the Prez have veto power over those scumbags?

To not pass the budget, yes. If Congress never forwards a budget with that funding, shutdown. Not sure if this would be the hill he wants to die on...

But, I’m thinking someone will sue against the bill and this would eventually go to SCOTUS before it came to that. 

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3 hours ago, Rockwood said:

To not pass the budget, yes. If Congress never forwards a budget with that funding, shutdown. Not sure if this would be the hill he wants to die on...

But, I’m thinking someone will sue against the bill and this would eventually go to SCOTUS before it came to that. 

I believe the President has the power to veto any bill passed by the legislative branch. I don't see how he's going out on any sort of limb by supporting the spirit and intent of the 2nd Amendment. Any anti-gun legislation IS an infringement of the people's right to keep and bear arms. The intent was to help us maintain arms equilibrium with the government  to prevent tyranny.

In their wisdom, they didn't specify muskets, or swords, or M16s. Arms includes anything useful as a weapon, in perpetuity. When 60 watt pulsed lasers come out, I expect libtards to stay the eff out of my way while I buy a couple of them because they are arms and the Constitution specifically says "arms". Not muskets.

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Posted (edited)
5 hours ago, socaldmax said:

I believe the President has the power to veto any bill passed by the legislative branch. I don't see how he's going out on any sort of limb by supporting the spirit and intent of the 2nd Amendment. Any anti-gun legislation IS an infringement of the people's right to keep and bear arms. The intent was to help us maintain arms equilibrium with the government  to prevent tyranny.

In their wisdom, they didn't specify muskets, or swords, or M16s. Arms includes anything useful as a weapon, in perpetuity. When 60 watt pulsed lasers come out, I expect libtards to stay the eff out of my way while I buy a couple of them because they are arms and the Constitution specifically says "arms". Not muskets.

If they never submit a budget with MO funding, he’ll be forced to either veto and kill the federal government again, or cave. He’d be going out on a limb because not all Americans feel as we do on guns. Eventually, the pressure would either be on him or Congress, and I’d bet the guy who’s from NYC and not a super conservative President is gonna cave. Like all things in life: just because you can doesn’t mean you should. 

Point is moot though, this has SCOTUS written all over it. 

Edited by Rockwood

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Posted (edited)

 

 

This is is obviously a test run for SCOTUS. Missouri probably has one of the best state governments currently fighting for gun rights and states rights.

 

My very good friend Eddy Justice is running for Missouri State Senate. He will be joining a body that is very much Second Amendment “originalists” or “purists”.

 

9C905747-F492-4D5E-A533-187222A5C920.thumb.jpeg.0526c4a50978ff54c4b3ed459e865562.jpeg

 

This topic was Eddy:

 

Edited by Romans9
Wrong quote

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