Please share this with you email lists, on every social network, at the coffee shop….Everywhere! Many thanks to Ron Calzone for all of his work on this!
======The statists are getting a lot of media attention with their liberty-stealing, gun control bills, but the only legislation actually moving in the Missouri General Assembly will protect your right to keep and bear arms.
Two types of measures are moving at the state house:
- A constitutional amendment designed to create legal tension between a state-defined “inalienable” constitutional right and mere federal statutes which undermine that right. SJR 14 will put that amendment on the ballot for the People to vote on. (More details below.)
- The Second Amendment Preservation Act, which follows the example of Jefferson and Madison when they fought the unconstitutional Alien and Sedition Acts of 1798. HB 436 and SB 325 have been filed in the House and Senate, respectively. Based on sound constitutional principles, this bill completely nullifies all federal gun control measures, leaving the regulation of weapons within Missouri’s borders to Missourians.
HB 436 and SB 325 will get hearings as early as February 28th, but a public hearing is already scheduled for SJR 14 NEXT WEEK.
Please plan to attend the hearing or fill out an online witness form, which we will print and hand deliver with hundreds of others to the Senate General Laws committee.
Witness Form Link for SJR 14 (Constitutional Amendment)
Generic Witness Form: Click for Witness Form
|Hearing for SJR 14|
|Committee: General Laws, Senator Brian Nieves, Chairman|
|Date: Tuesday, February 19|
|Time: 3:00 P.M.|
|Room: SCR 1 (First Floor)|
|SJR 14 - Schaefer|
|Modifies constitutional provisions regarding the right to keep and bear arms|
Details about SJR 14
As a constitutional amendment to the Missouri Constitution’s existing Article I, Sec. 23, SJR 14 does three things:
- Elevates the right to keep and bear arms to “inalienable rights” status. While you and I would and should maintain that a “right is a right”, the courts don’t look at it that way. The courts give more weight to some constitutional rights than others. Government actions infringing on what they consider lesser rights are not scrutinized as closely as the “weightier” rights.
For example, when a citizen claims his rights are being violated by some law, the courts can “test” the law against two basic standards of review. The least strict standard is often referred to as the “Rational Basis Test”, and the tougher standard — the one that best protects your rights — is the “Compelling State Interest Test”.
Listen to this explanation of the Rational Basis Test from the Institute for Justice. It explains that the Rational Basis Test is usually just a rubber stamp for government infringement of your rights.
By making the right to keep and bear arms an “Inalienable Right”, SJR 14 demands stricter scrutiny of gun control laws.
- The Second thing SJR 14 does is “obligate” the state to protect our right to keep and bear arms from all infringements — including those from the federal government. Coupled with the “inalienable” provision, this clause will also help to defend any bills we pass to nullify unconstitutional federal gun control laws if those bills are challenged in state courts.
This is an important provision that helps to empower state nullification of unconstitutional federal edicts.
- The final thing SJR 14 does is eliminate some confusing text from the Constitution, thus making the right to conceal carry more secure.
Details about HB 436 & SB 325
Since the 10th Amendment makes it clear that all powers not granted to the federal government are reserved to the states and the People, the regulation of the ownership of arms is a state, not a federal matter.
That applies to ALL such regulation.
We must demand from our legislators no less than the strongest, most principled stand they can take to defend our right to keep and bear arms!
Rep. Doug Funderburk and Sen. Brian Nieves’ “Second Amendment Preservation Act” is the strongest and most principled protection of the right to keep and bear arms in Missouri!.
Notice that it utilizes the words of Thomas Jefferson and James Madison to explain Missouri’s authority to nullify unconstitutional federal edicts within her borders. Including this language is essential to the success of the bill. It also specifically lists the types of things we will not put up with, and that’s what gives state officials the “cover” they need to enforce the bill. More on these bills later…
Tenth Amendment Center article about HB 426.(this is supposed to be HB 436)
What you can do:
- Right NOW, either plan to attend the hearing for SJR 14 on Tuesday, or fill out the online witness form..
- Pass on this email or another with the generic witness form link to as many liberty loving people as you can.
- Stay tuned and watch for announcements for the hearing for HB 436 and SB 325.