Bill Blocking Acts Violating the Second Amendment Passes Missouri Senate 26-6

By on May 3, 2013

by Mike Maharrey

Just one day after Eric Holder sent a letter threatening Kansas if it enforces its recently passed Second Amendment Protection Act, the Missouri Senate thumbed its nose at the Attorney General and passed the Show-Me-State version of Second Amendment protection by a veto-proof majority.

HB 436 passed the Senate 26-6 on Thursday.

The House passed already passed the bill 115-41,  also a veto-proof majority. But the Senate added three amendments, and the bill must no go back to the House for concurrence.

If passed into law, HB436 would nullify virtually every federal gun control measure on the books – or planned for the future.   It reads, in part:

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.

The legislation also includes misdemeanor criminal penalties if agents of the federal government attempt to enact gun control measures that violate the Constitution of the United States and State Constitution of Missouri.

The Senate amendments don’t substantively change the bill. One removed some superfluous language dealing with felons from the House version. A second amendment requires any firearms purchased in a state or local gun buyback program to be sold to licensed dealers. And the third consists of a declaration  acknowledging the need to fight crime and keep guns out of the hands of criminals. It has no force and does not alter the substance of the bill.

Image Reference

CapitolShots Photography/Flickr

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2 Comments

  1. Capitolshots Photography

    June 2, 2013 at 9:40 pm

    You are using my photo without permission. Please respect the law and personal property rights and either remove it or contact me in order to learn how to pay for a license to use my photos.

    • Admin

      June 4, 2013 at 12:39 am

      Capitolshots, we have sourced the image already. What is the problem?

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