Introduced by Missouri State Representative Casey Guernsey, with 61 co-sponsors, is the Missouri 2nd Amendment Preservation Act. House Bill 170 (HB170) would nullify any and all federal acts, orders, laws, statutes, rules, or regulations of the federal government on personal firearms, firearm accessories, and ammunition.
The bill states, in part:
“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.”
A class D felony in Missouri carries a prison sentence of up to 4 years.
While a number of states, including Wyoming, South Carolina, Indiana, and others – are looking to go head to head with the feds on specific issues under the 2nd amendment, the Missouri legislation is the strongest introduced anywhere in the country so far.
Tenth Amendment Center national communications director, Mike Maharrey summed up the sentiment:
“When you’ve got people like Feinstein talking about major bans and Biden telling us that all they need is an executive order, you know these folks are willing to go all the way. So, it’s good to see these folks in Missouri go all the way as well, all the way in support the 2nd Amendment without any ifs, ands, or butts. The feds have absolutely zero constitutional authority to make any laws over personal firearms. Period.”
The Second Amendment was not created to give the right to keep and bear arms to the people. The founders acknowledged that the people already had those rights. The 2nd was intended to protect them by keeping the federal government off their backs.
Robert Natelson writes in The Original Constitution “The Second Amendment served purposes besides buttressing the natural right of self-defense and the reserved power of armed resistance. By guaranteeing continuation of the state militias, it strengthened state power in the state-federal balance…By protecting the militia, the Amendment promoted citizen involvement in government military affairs.”
“The purpose of the Second Amendment suggests that the word “arms” should be interpreted rather broadly to include a range of military and self defense weapons,” Natelson explained.
The bill was introduced on January 15, 2013 and read for the first time in the House. It has yet to be assigned to a committee. But, with 61 co-sponsors, strong grassroots pressure will help get this bill moving forward.
Sources close to the Tenth Amendment Center tell us to expect a number of other states considering similar legislation in the coming weeks.
LEGISLATION AND TRACKING
If you would like to see model legislation to introduce in your state to nullify federal firearm laws, please see The Tenth Amendment Center’s Model Legislation: The 2nd Amendment Preservation Act.
Track the status of 2nd Amendment preservation legislation in states around the country HERE
In Missouri? Join the new 2nd Amendment Preservation Group on facebook and get active to nullify federal gun laws: http://www.facebook.com/groups/2ndAmendmentMissouri/
Missouri residents can help pass this bill by contacting their state reps to support the bill right now. http://www.house.mo.gov/legislatorlookup.aspx
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