33 votes

Missouri says NO! You shall not cross this line!

This bill has just been submitted in the Missouri House.

http://house.mo.gov/billtracking/bills131/billpdf/intro/HB01...

This bill is defacto nullification of any federal attempt to impose gun laws in Missouri.

The Republicans have a veto proof majority!

IT IS ON!

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Section A.
Chapter 571, RSMo, is amended by adding thereto one new section, to be known as section 571.048, to read as follows:

571.048
1. It shall be unlawful for any officer or employee of this state, or any political subdivision, or any federal firearms dealer licensed under 19 U.S.C. Section 923 to enforce or attempt to enforce any act, law, statute, rule, or regulation of the federal government relating to a personal firearm, firearm accessory, or ammunition that is owned or manufactured commercially or privately in the state of Missouri and that remains exclusively within the boundaries of the state of Missouri.

2. Any official, agent, or employee of the federal government who enforces or attempts to enforce any act, order, law, statute, rule, or regulation of the federal government upon a personal firearm, a firearm accessory, or ammunition that is owned or manufactured commercially or privately in the state of Missouri and that remains exclusively within the borders of the state of Missouri shall be guilty of a class D felony.

3. Any person in violation of a federal law relating to the manufacture, sale, transfer, or possession of a firearm, a firearm accessory, or ammunition owned or manufactured and retained exclusively with the boundaries of the state of Missouri may request the attorney general to defend him or her for such violation.

4. Any federal law, rule, regulation, or order created or effective on or after January 1, 2013 shall be unenforceable in the state of Missouri if the law, rule, regulation, or order attempts to:
(1) Ban or restrict ownership of a semi-automatic firearm or any magazine of a firearm; or
(2) Require any firearm, magazine, or other firearm accessory to be registered in any manner.

Section B.
Because immediate action is necessary to protect the rights of the citizens of this state the enactment of section 571.048 of section A of this act is deemed necessary for the immediate preservation of the public health, welfare, peace, and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and the enactment of section 571.048 of section A of this act shall be in full force and effect upon its passage and approval.



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The most effective

The most effective nullification would be for the state to refuse to enforce or support the federal government when the Feds try to enforce it. It could be similar to sanctuary cities. Local law enforcement and state law enforcement would not be allowed to back up the Feds and would not be allowed to enforce the law.

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"When the people fear their government, there is tyranny; when the government fears the people, there is liberty."

AHHH

It says if manufactured in Missouri. I assume that most guns are not manufactered in Missori so this would be a complete waste of time and more of a smoke screen to make it look like Republicans in Missouri are taking a stand...Would that be right to say. Feel free to school this Aussie...

I know it says owned also, but would that be a loophole???

“The final forming of a person's character lies in their own hands.”

How would it be a loophole?

That the word "or" is used means that the protected weapons would not need to meet both criteria (owned in MO and manufactured in MO) but just one or the other.

When we try to pick out anything by itself, we find it hitched to everything else in the Universe.
~ John Muir

In Section 1 it says: "It

In Section 1 it says: "It shall be unlawful for any officer or employee of this state, or any political subdivision, or any federal firearms dealer licensed under 19 U.S.C. Section 923 to enforce or attempt to enforce any act, law, statute, rule, or regulation of the federal government relating to a personal firearm, firearm accessory, or ammunition that is owned or manufactured, commercially or privately in the state of Missouri and that remains exclusively within the boundaries of the state of Missouri."

Now, there are lots of "ors". Or is an option between choices and you can remove one or more options and the sentence is still clear. For instance, you can have beef, fish, or chicken for dinner. You can remove any one or two of those and the remaining option is still true.

So Section 1 says, "It shall be unlawful for any officer or employee of this state, or any political subdivision, or any federal firearms dealer licensed under 19 U.S.C. Section 923 to enforce or attempt to enforce any act, law, statute, rule, or regulation of the federal government relating to a personal firearm, firearm accessory, or ammunition that is owned privately in the state of Missouri and that remains exclusively within the boundaries of the state of Missouri."

This allows for interstate regulation since the states do not regulate that.

Also, Section 4 is even more clear.

Any federal law, rule, regulation, or order created or effective on or after January 1, 2013 shall be unenforceable in the state of Missouri if the law, rule, regulation, or order attempts to:
(1) Ban or restrict ownership of a semi-automatic firearm or any magazine of a firearm; or
(2) Require any firearm, magazine, or other firearm accessory to be registered in any manner.

That section is pretty clear.

Yes. Wyoming and others had similar laws that were only geared

towards where the gun was manufactured and sold.

Wyoming is in the process of amending their law to look like this one by including the "owned" part.

This not only protects guns made and sold within the State that never leave the State, but ALSO protects guns that at one time were in interstate commerce, but now remain in only that one State.

The Feds at best can pass such laws ONLY on guns sold across state lines. (this too should be challenged under the meaning of "regulate") As any gun already purchased, and which doesn't cross state lines is by definition, clearly not in "interstate" commerce, then Missouri and Wyoming et al are merely codifying this fact so as to lay the ground work for a court challenge.

It's easier to make the argument and create the presumption against interstate commerce if this state law exists. It will make it harder for the Feds to make their case, and they'll have to resort to "affecting" interstate commerce. SCOTUS has allowed that reasoning on occasion, but I don't think this current court is going to let that one fly in the face of such State legislation. (when it allowed it in the past, there was no similar State law to the contrary)

Finally, armsdealer.net lists 19 manufacturers in Missouri. I'm not sure how large they are, but if their home grown arms are effectively exempt from Federal law, I foresee increased business coming their way as a result of this legislation.

Hate to be the wet blanket

Hate to be the wet blanket however it's meaningless unless local and state LE are willing to enforce it. So far no state that has passed anything similar has been willing to do so.

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End The Fat
70 pounds lost and counting! Get in shape for the revolution!

Get Prepared!

Has there been any real test of these laws yet?

I know Montana has such a law, as does Wyoming. I think maybe Tennessee and/or Kentucky passed one as well. Any others? Any specific cases where the gun was manufactured domestically, sold domestically, never transported across state lines, but the ATFE still tried to prosecute? I've yet to hear of any such cases.

Disagreement

It's a principled stand which has value that might persuade others in the political arena.

I for one am otherwise heartened by MO's position

Yep. That's the problem with having 50 states...

one of them is bound to get uppity and do something like this, then all the others see this and...

Defeat the panda-industrial complex

I am dusk icon. anagram me.

Good

Thank you for posting. Glad to know I am living in the Show Me State!

Ahhh gotta say this has all been a really great show.

I've been on the edge of my seat. Gotta tell you though... if the "government" wants to pass gun-control for it's employees I'm all for it because I quit my non-paying job there years ago...

http://www.dailypaul.com/270463/attention-united-states-gove...

Woo hoo!

Three states, Jackson County KY and counting!

When a true genius appears in the world, you may know him by this sign: that the dunces are all in confederacy against him. ~J. Swift

ah cool my state Rep is a co-sponsor

Go Eric Burlison

His assistant was on Ron Paul's local campaign in 2008

I've been wanting to vote comments

Up all day and night but my trusty button is experiencing "erectile disfunction" ! Where is my pill when I NEED it?

Laurelai

good stuff!

bump

"When the power of love overcomes the love of power, the world will know Peace." - Jimi Hendrix

republicans

have a super majority in Missouri, so can override a veto from Dem Governor.