Another State Bill in Support of the Second

Posted: February 5, 2013 in Fire Arms, Legislative Issues
Tags: ,

Earlier today, I received the following from Ron Calzone of Missouri First. Thus far, this is absolutely the number one bill I have seen. I have copied the language below and you can download the pdf by clicking this link.

1204L.01I
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 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 Preservation Act”.
2. The general assembly findS· and declares that:
(1) The general assembly of the state of Missouri is firmly
resolved to support and defend the United States Constitution
against every aggression. either foreign or domestic, and the
general assembly is duty-bound to watch over and oppose every
infraction of those orinciples which constitute the basis of the
Union of the States, because only a faithful observance of those
principles can secure the nation’s existence and the public
happiness;
(2) Acting through the United States Constitution, the
people of the several states created the federal government to be
their agent in the exercise of a few defined powers, while
reserving to the state governments the power to legislate on
matters which concern the lives. liberties, and properties of
citizens in the ordinary course of affairs;
(3) The limitation of the federal government’s power is
affirmed under the Tenth Amendment to thel1nited States
1
Constitution, which defines the total scope of federal power as
being that which has been delegated by the people of the several
states to the federal government, and all Dower not delegated TO
the federal government in the Constitution of the United States
is reserved to the states respectively. or to the people
themselves;
(4) Whenever the federal government assumes powers that the
peoDle did not grant it in the Constitution, its acts are
unauthoritative. void, and of no force;
(5) The several states of the United States of America are
not united on the principle of unlimited submission to their
federal government. The government created by the compact among
the states is not the exclusive or final judge of the extent of
the powers granted to it by the Constitution, because that would
have made the federal government’s discretion, and not the
Constitution. the measure of those powers. To the contrary, as
in all other cases of compacts among powers having no common
judge, each party has an equal right to judge itself. as well of
infractions as of the mode and measure of redress. Although the
several states have granted supremacy to laws and treaties made
pursuant to the powers granted in the Constitution. such
supremacy does not apply to various federal statutes, orders,
rules, regulations. or other actions which restrict or Drohibit
the manufacture, ownership. and use of firearms. firearm
accessories. or ammunition exclusively within the borders of
Missouri; such statues, orders, rules. regulations. and other
actions exceed the powers granted to the federal government
except to the extent they are necessary and proper for the
2
government and regulation of the land and naval forces of the
United States or for the organizing. arming. and disciplining
militia forces actively employed in the service of the United
States Armed Forces;
(6) The people of the several states have given Congress
the power “to regulate commerce with foreign nations. and among
the several states. and with the Indian tribes”. but “regulating
commerce” does not include the Dower to limit citizens’ right to
keep and bear arms in defense of their families. neighbors,
persons, or property. or to dictate to what sort of arms and
accessories law-abiding mentally competent Missourians may buy,
sell, exchange, or otherwise possess within the borders of this
state;
(7) The people of the several states have alsQ given
Congress the power “to lay and collect taxes, duties, imports,
and excises, to pay the debts, and provide fQr the commQn defense
and general welfare of the United States” and “to make all laws
which shall be necessary and proper for carrying into execution
the powers vested by the Constitution in the government of the
United States, or in any department or officer thereof”. These
constitutional provisions merely identify the means by which the
federal government may execute its limited powers and ought not
to be so construed as themselves to give unlimited powers because
to do so would be to destroy the balance of power between the
federal government and the state governments. We deny any claim
that the taxing and spending powers of Congress can be used to
diminish in any way the Deople’s right to keep and bear arms;
(8) The people of Missouri have vested the general assembly
3
with the authority to regulate the manufacture, possession,
exchange, and use of firearms within this state’s borders,
subject only to the limits imposed bv the Second Amendment to the
United States Constitution and the Missouri Constitution.
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 s~ll be invalid in this
state. shall not be recognized by this state. are 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:
(bl The provis.ions 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
4
transfer of any type of firearm, firearm accessory, or ammunition
by law-abiding citizens;
ig) Anv 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 boarder of this state
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 attemotto 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 anv person or entity attempting such enforcement.

Additionally, Senator Brian Munzlinger introduced SB150. Since they have redesigned the General Assembly website, every single page shows the same URL so it may very well be impossible for me to give you a good hotlink to the actual pdf of his legislation. I’m going to try it here, and we will see what happens!

While we greatly appreciate all efforts to stand up for our Constitutionally guaranteed rights, it looks like the legislation by Funderburk (copied above) is the strongest and best that has been offered up as of yet in Missouri. Please speak to every Representative and Senator and ask them to support Funderburk’s bill.  Do thank them for doing the right thing!

Comments
  1. Wayne Griswold says:

    Representative Funderburk’s bill was introduced yesterday as HB 436.
    http://www.house.mo.gov/billsummary.aspx?bill=HB436&year=2013&code=R

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