Missouri Second Amendment Preservation Act Passes House. SENATE HEARING TOMORROW 4/24

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Missouri pro-gun bill passes House

The following bill, dubbed "The Second Amendment Preservation Act", passed in the MO House by a vote of 115-42, above the 109 that would be needed in case of a veto.

The current text of the bill can be found here: http://www.house.mo.gov/billtracking/bills131/biltxt/perf/HB0436P.htm
Text in Bold is new and to be enacted, matter enclosed in (brackets) is meant to be struck or omitted.

The bill was originally meant to nullify Federal infringements. It includes provisions for criminal (misdeameanor) penalties for enforcing Federal laws. Here is a portion of the bill:
" 3. (1) All federal acts, laws, 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 Constitution and Article I, 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.
(2) Such federal acts, laws, orders, rules, and regulations include, but are not limited to:
(a) The provisions of the federal Gun Control Act of 1934;
(b) The provisions of the federal Gun Control Act of 1968;
(c) Any tax, levy, fee, or stamp imposed on firearms, firearm accessories, or ammunition not common to all other goods and services which could have a chilling effect on the purchase or ownership of those items by law-abiding citizens;
(d) Any registering or tracking of firearms, firearm accessories, or ammunition which could have a chilling effect on the purchase or ownership of those items by law-abiding citizens;
(e) Any registering or tracking of the owners of firearms, firearm accessories, or ammunition which could have a chilling effect on the purchase or ownership of those items by law-abiding citizens;
(f) Any act forbidding the possession, ownership, or use or transfer of any type of firearm, firearm accessory, or ammunition by law-abiding citizens; and
(g) Any act ordering the confiscation of firearms, firearm accessories, or ammunition from law-abiding citizens.
4. It shall be the duty of the courts and law enforcement agencies of this state to protect the rights of law-abiding citizens to keep and bear arms within the borders of this state and from the infringements in subsection 3 of this section.
5. No public officer or employee of this state shall have any authority to enforce or attempt to enforce any of the infringements on the right to keep and bear arms included in subsection 3 of this section.
6. Any official, agent, or employee of the United States government who enforces or attempts to enforce any of the infringements on the right to keep and bear arms included in subsection 3 of this section is guilty of a class A misdemeanor.
7. Any Missouri citizen who has been subject to an effort to enforce any of the infringements on the right to keep and bear arms included in subsection 3 of this section shall have a private cause of action for declaratory judgment and for damages against any person or entity attempting such enforcement."


The bill has also been expanded to include sundry improvements to Missouri law, like lowering the age for CCW from 21 to 19, as well as providing for school districts to designate a teacher or administrator as a school protection officer.


I'd love to see some discussion on the merits of the bill. :cool:
 
This seems interesting. I think I saw something else in there about those with a CCW endorsement are able to open carry statewide removing the municipalities ability to regulate open carry.
 
rookorami said:
This seems interesting. I think I saw something else in there about those with a CCW endorsement are able to open carry statewide removing the municipalities ability to regulate open carry.
Click to expand...

That is my non-professional understanding.

Open Carry would still be legal where not prohibited, and cities or political subdivisions could only prohibit carry for those without a CCW.

It isn't perfect, but an improvement over the current arrangement.
 
wow6599 said:
So OC is legal everywhere for CCW holders?
Click to expand...
This is still a BILL at this point. It has not made it so far as to become law.

I believe that it would essentially be (if passed), but I am not a lawyer.
 
If restricted it would most likely mirror CCW laws, prohibited builds and such. That is my best guess but we won't know for sure till its passed.
 
(2) Such federal acts, laws, orders, rules, and regulations include, but are not limited to:
(a) The provisions of the federal Gun Control Act of 1934;
(b) The provisions of the federal Gun Control Act of 1968;
Click to expand...

Am I reading this right? Does this essentially say that Missouri will no longer be enforcing restrictions on NFA style weapons? That's not to say of course that the feds won't do such, and of course it would still result in a 10 year stay at club Fed. However it would make it quite a bit more difficult to enforce that law if local LEOs weren't helping out.
 
Rob G said:
Am I reading this right? Does this essentially say that Missouri will no longer be enforcing restrictions on NFA style weapons? That's not to say of course that the feds won't do such, and of course it would still result in a 10 year stay at club Fed. However it would make it quite a bit more difficult to enforce that law if local LEOs weren't helping out.
Click to expand...
Yes, but I believe it takes it even beyond just non-enforcement.

"4. It shall be the duty of the courts and law enforcement agencies of this state to protect the rights of law-abiding citizens to keep and bear arms within the borders of this state and from the infringements in subsection 3 of this section.

5. No public officer or employee of this state shall have any authority to enforce or attempt to enforce any of the infringements on the right to keep and bear arms included in subsection 3 of this section.

6. Any official, agent, or employee of the United States government who enforces or attempts to enforce any of the infringements on the right to keep and bear arms included in subsection 3 of this section is guilty of a class A misdemeanor.

7. Any Missouri citizen who has been subject to an effort to enforce any of the infringements on the right to keep and bear arms included in subsection 3 of this section shall have a private cause of action for declaratory judgment and for damages against any person or entity attempting such enforcement.""
 
Go Missouri, Go!!!!

I am very fortunate to live in this great state, property tax sucks, but its the best "Leave me alone" state.

-Robb
 
They need to make it a felony. Misdemeanor doesn't have much in the way of teeth unless it's DV or drugs...

Make it hard time that leaves THEM ineligible to possess a weapon whether or not in the line of duty and thus a Career Ender, and it might make the point more effectively. 'Course, it might cause Missouri to be declared in "Open Rebellion," but being right when the Crown is wrong has always been a dangerous position to be in...
 
This is interesting. We have a bicameral legislature here in Missouri, so I'm curious about what the Senate will do with this. No doubt the governor, being a Democrat, will veto it if the opportunity presents. I'm also curious how this would play out in the courts. Even if it wouldn't fly as law, it sure tells you something about the veracity of that 90% number you see and hear all over the media.
 
I don't like the weather here, but the political climate (outside of St Louis and KC) is excellent. I live 10 minutes from MidwayUSA and 30 from Graf & Sons, with 4 local gun stores in town, an indoor shooting range in one of them, an outdoor range with 25/50/50/100 yard ranges 10 minutes up the road, and a bass pro shop. Oh, and CMMG is nearby too, making all the AR's the local stores can sell. Sierra Bullet is about 45 minutes away.

Just sucks we have a left-leaning Governor (Jay Nixon) and far left-leaning Senator (Claire McCaskill) who are routinely anti-gun, big government, and more taxes. Even the democratic representatives in the area usually take time to talk to conservatives and discuss points of contention professionally. As long as you realize they have to represent everybody in the area, and not just you, those conversations are usually pleasant, even if the end result is not always to my liking.

I don't think this law will stand, considering the ATF's position on the Montana Firearms Act, but it sends a message to the powers that be. Will be nice to see it pass and then challenged in SCOTUS to help determine a path for other states.
 
Missouri Second Amendment Preservation Act officially going to full senate!

Bill text: http://www.house.mo.gov/billtracking/bills131/billpdf/intro/HB0436I.PDF

Please fill out a witness form if you are a Missouri resident:
http://www.libertytools.org/LibertyTools/witness/witness2.php?template=25


EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended
to be omitted from the law. Matter in bold-face type in the above bill is proposed language.
FIRST REGULAR SESSION
HOUSE BILL NO. 436
97TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES FUNDERBURK (Sponsor), JONES (110), BURLISON, HICKS,
RHOADS, ROSS, MILLER, PARKINSON, REMOLE, ANDERSON, HURST, BAHR, BROWN,
SMITH (120), KOENIG, CURTMAN, DUGGER, MORRIS, SOMMER, LEARA, GATSCHENBERGER,
BRATTIN, SCHIEFFER AND KORMAN (Co-sponsors).
1204L.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 1, RSMo, by adding thereto one new section relating to the Second
Amendment preservation act, with a penalty provision.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 1, RSMo, is amended by adding thereto one new section, to be
2 known as section 1.320, to read as follows:
1.320. 1. This section shall be known and may be cited as the "Second Amendment
2 Preservation Act".
3 2. The general assembly finds and declares that:
4 (1) The general assembly of the state of Missouri is firmly resolved to support and
5 defend the United States Constitution against every aggression, either foreign or domestic,
6 and the general assembly is duty-bound to watch over and oppose every infraction of those
7 principles which constitute the basis of the Union of the States, because only a faithful
8 observance of those principles can secure the nation's existence and the public happiness;
9 (2) Acting through the United States Constitution, the people of the several states
10 created the federal government to be their agent in the exercise of a few defined powers,
11 while reserving to the state governments the power to legislate on matters which concern
12 the lives, liberties, and properties of citizens in the ordinary course of affairs;
13 (3) The limitation of the federal government's power is affirmed under the Tenth
14 Amendment to the United States Constitution, which defines the total scope of federal
15 power as being that which has been delegated by the people of the several states to theHB 436 2
16 federal government, and all power not delegated to the federal government in the
17 Constitution of the United States is reserved to the states respectively, or to the people
18 themselves;
19 (4) Whenever the federal government assumes powers that the people did not grant
20 it in the Constitution, its acts are unauthoritative, void, and of no force;
21 (5) The several states of the United States of America are not united on the
22 principle of unlimited submission to their federal government. The government created
23 by the compact among the states is not the exclusive or final judge of the extent of the
24 powers granted to it by the Constitution, because that would have made the federal
25 government's discretion, and not the Constitution, the measure of those powers. To the
26 contrary, as in all other cases of compacts among powers having no common judge, each
27 party has an equal right to judge itself, as well of infractions as of the mode and measure
28 of redress. Although the several states have granted supremacy to laws and treaties made
29 pursuant to the powers granted in the Constitution, such supremacy does not apply to
30 various federal statutes, orders, rules, regulations, or other actions which restrict or
31 prohibit the manufacture, ownership, and use of firearms, firearm accessories, or
32 ammunition exclusively within the borders of Missouri; such statues, orders, rules,
33 regulations, and other actions exceed the powers granted to the federal government except
34 to the extent they are necessary and proper for the government and regulation of the land
35 and naval forces of the United States or for the organizing, arming, and disciplining militia
36 forces actively employed in the service of the United States Armed Forces;
37 (6) The people of the several states have given Congress the power "to regulate
38 commerce with foreign nations, and among the several states, and with the Indian tribes",
39 but "regulating commerce" does not include the power to limit citizens' right to keep and
40 bear arms in defense of their families, neighbors, persons, or property, or to dictate to what
41 sort of arms and accessories law-abiding mentally competent Missourians may buy, sell,
42 exchange, or otherwise possess within the borders of this state;
43 (7) The people of the several states have also given Congress the power "tolay and
44 collect taxes, duties, imports, and excises, to pay the debts, and provide for the common
45 defense and general welfare of the United States" and "to make all laws which shall be
46 necessary and proper for carrying into execution the powers vested by the Constitution in
47 the government of the United States, or in any department or officer thereof". These
48 constitutional provisions merely identify the means by which the federal government may
49 execute its limited powers and ought not to be soconstrued asthemselves to give unlimited
50 powers because to do so would be to destroy the balance of power between the federal
51 government and the state governments. We deny any claim that the taxing and spendingHB 436 3
52 powers of Congress can be used to diminish in any way the people's right to keep and bear
53 arms;
54 (8) The people of Missouri have vested the general assembly with the authority to
55 regulate the manufacture, possession, exchange, and use of firearms within this state's
56 borders, subject only to the limits imposed by the Second Amendment to the United States
57 Constitution and the Missouri Constitution.
58 3. (1) All federal acts, laws, orders, rules, and regulations, whether past, present,
59 or future, which infringe on the people's right to keep and bear arms as guaranteed by the
60 Second Amendment to the United States Constitution and Article I, Section 23 of the
61 Missouri Constitution shall be invalid in this state, shall not be recognized by this state, are
62 specifically rejected by this state, and shall be considered null and void and of no effect in
63 this state.
64 (2) Such federal acts, laws, orders, rules, and regulations include, but are not
65 limited to:
66 (a) The provisions of the federal Gun Control Act of 1934;
67 (b) The provisions of the federal Gun Control Act of 1968;
68 (c) Any tax, levy, fee, or stamp imposed on firearms, firearm accessories, or
69 ammunition not common to all other goods and services which could have a chilling effect
70 on the purchase or ownership of those items by law-abiding citizens;
71 (d) Any registering or tracking of firearms, firearm accessories, or ammunition
72 which could have a chilling effect on the purchase or ownership of those items by law-
73 abiding citizens;
74 (e) Any registering or tracking of the owners of firearms, firearm accessories, or
75 ammunition which could have a chilling effect on the purchase or ownership of those items
76 by law-abiding citizens;
77 (f) Any act forbidding the possession, ownership, or use or transfer of any type of
78 firearm, firearm accessory, or ammunition by law-abiding citizens;
79 (g) Any act ordering the confiscation of firearms, firearm accessories, or
80 ammunition from law-abiding citizens.
81 4. It shall be the duty of the courts and law enforcement agencies of this state to
82 protect the rights of law-abiding citizens to keep and bear arms within the boarder of this
83 state from the infringements in subsection 3 of this section.
84 5. No public officer or employee of this state shall have any authority to enforce or
85 attempt to enforce any of the infringements on the right to keep and bear arms included
86 in subsection 3 of this section.HB 436 4
87 6. Any official, agent, or employee of the United States government who enforces
88 or attempts to enforce any of the infringements on the right to keep and bear arms
89 included in subsection 3 of this section is guilty of a class A misdemeanor.
90 7. Any Missouri citizen who has been subject to an effort to enforce any of the
91 infringements on the right to keep and bear arms included in subsection 3 of this section
92 shall have a private cause of action for declaratory judgment and for damages against any
93 person or entity attempting such enforcement.
Click to expand...
 
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The witness form is like a proxy presence at the hearing. Allowing you to state your support for the bill. There were right around 850 witness forms filled out in the 24 hours or so it was available.

Second Amendment Preservation Act
Passes the Senate Committee Vote
4 yes to 1 no

This has moved VERY, VERY quickly. A matter of two weeks from the house to the executive session. With how it's been moving hopefully it will be on the official calendar quickly. Careful consideration is going into this bill on timing and how it is passed. Needs to be able to over ride a veto from our governor.

The next step is for Sen. Tom Dempsey (pro tem of the Senate) to place it on the calendar.

General Laws chairman, Sen. Brian Nieves, scheduled this special hearing and expedited the process by holding an executive session on the bill at the same hearing.

They voted to pass the bill on to the full Senate by a vote of 4 to 1 (a couple of senators were not present).

The next step for this bill is to be placed on the Senate calendar by president pro tem of the Senate, Tom Dempsey. Sen. Dempsey was quick to assign it to the General Laws committee, so we expect him to do the same for the next step.

Once on the calendar, it will be up to majority floor leader, Sen. Ron Richard, to bring it to the floor for debate and "perfection" by the whole senate. After that, the senate will have one more up or down vote. Sen. Richard will need to allow it enough time to overcome opposition and potential filibuster.

The last step will be hammering out any differences between the language in the bill as it passed the House versus what the Senate passed.

For liberty,
- Ron
Click to expand...
 
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