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
ACTION ITEMS
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
“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 range is infinite as “…shall not be infringed,” implies. The writers intent was that the feds would have absolutely no control over the range of weaponry available to the Citizen or their acquisition or the method of acquisition, including the U.S. mail.
Our original Constitution was written under English Common Law in which habeas corpus, due process, freedom of the press, religion, the jury etc was already established as untouchable. Our Constitution created a new form of government under the principle that if an act or measure wasn’t allowed in it, then it could not be written into law. The writers knew that it was impossible to list everything they did not want the new government to be empowered to do. The Constitution was then written to limit the powers of the new government to specific powers enumerated in the document. Unfortunately those pressuring for the Bill of Rights did not heed the advice that, the inclusion of those rights guaranteed in the ten amendments to the Constitution would then, de facto, imply that the rights could be interpreted by the government to establish the extent of those rights. The government by being denied the power to violate those rights had to establish what those rights were so as to not violate them. To do this the Supreme Court declared itself the final arbiter in legal arguments as to what the Bill of Rights included. And now we have had the Supreme Court, in several decisions, tell us what the Second Amendment’s limitations are.
Perhaps it is time to amend the Constitution and return to the states the power to review and determine whether any and all acts or measures, past or present, of the federal government, i.e. the Congress, President and the Supreme Court are constitutional. The Supreme Court has been the instrument through which the intent of the writers of the Constitution has been willfully subverted by the appointment of ideologically corrupt Justices.
I bought a handgun in Texas in ’86, passed the background check. The law got stricter and now I cannot purchase any firearm. Am I in violation of the law by still possessing a previously legal firearm?
what a waste!
ThE Sherriff of Elkhart Couty in Indiana has already said that he willl not enforce any ban on weapons or amounts of ammo (ala New york’s ban on 6 bullets). This is just the first!!
Unless the Supreme Court ultimately finds any law the feds enact unconstitutional, Article VI and the supremacy clause will nullify any state law. And the fact we’ve had one assault weapons ban in the past I’m pretty sure the Supreme Court will uphold any law that congress passes. Mind you I am not in favor of such bans I think the best way to prevent one is making sure congress doesn’t pass one to begin with. However I hope that does not cause even more damage to the GOP than they’ve already suffered; if it does they stand to lose the house in 2014 and then we’re screwed for 2 years…..
@EricMight no one took them to court on the first ban, so it all depends on who is on the court. In this day and age it does not matter what the constitution says it’s what the Supreme court says it says.
@GeorgeRosenblatt @EricMight A 100 million people don’t care about the stupid laws. Our leaders are criminals…. They will rise and protect their freedom second amendment rights. I can smell a revolution in the morning air. Pack your bags O-Vomit
@EricMight
States CAN nullify federal law. Some state will have to have the guts to do it though. It would be a long legal battle, but meanwhile, the feds would have no jurisdiction until the case setteled.
I’d like to see the Missouri law enacted here in Michigan but unfortunately we have a Democrat named Snyder posing as a Republican governor and he is just enough of a rat to veto nullification legislation.
I’d like to see the Missouri law enacted here in Michigan but unfortunately we have a Democrat named Snyder posing as a Republican and he is just enough of a rat to veto nullification legislation.
The 10th Amendment MUST be revived and enforced upon ALL Federal encroachments. The survival of our Union depends upon it. If State sovereignty (sovereignty actually resides in the people – the State simply represents the people in this capacity) asserted through the 10th fails, then secession must be considered. The right to secede forces compromise. Had this been recognized by legislators of the 19th century, it is highly unlikely the Civil War ever would have occurred, since no one wanted disunion. But make no mistake, secession is a right as the Founding generation fully understood, and which was expressed by those in State ratifying conventions of the period. Lincoln was wrong and he did tremendous harm to our country for having ignored State’s rights (the Civil War was not primarily about slavery as educators tend to teach – it was about Federal encroachment in all its manifestations, and it has gotten worse since then). Think about it: What contract exists that allows one party to violate it while the other party is not allowed a remedy – especially when we have a Supreme Court that has turned its back on the Constitution except when it’s convenient? Anyone who allows for such a breach is a fool and will, in no uncertain terms, be taken advantage of and harmed. History informs us of this truth.
Each generation is responsible for the time given to it, so it is time that one generation correct for the deviations of prior generations. Let our generation be the grownup who can distinguish right from wrong and steer the constitutional ship back on course. The 10th is the primary instrument which will allow for success and the threat of secession is the hammer that will force statists to the negotiating table. Let us embrace the 10th and use it to its fullest extant. Without it, our constitutional republic is done. It’s simply a matter of time.
I applaud Missouri’s efforts and hope for the passage of this legislation. Every other freedom loving State must then follow their lead!
Good luck here in California, run by Liberal idiots.
@GeorgeRosenblatt Yes i to live in Ca and they have coppied Feninsteins bill to the letter , WE need HELP
Way to go, Show Me State!
Show the feds who has sovereignty over that state and her people!
Can’t wait for Texas to do the same!
The outcome of this Federal action will determine if we still have a Republic. It is up to the individual states and We the People to stop its progress. States like Missouri and Wyoming are the beginning; the rest must follow. .This is the most dangerous time in keeping our country. We must act against these statists. God Bless America and In God We Trust.
It’s time for the American people to absorb the intolerance that is being subjected to all of us and rise in rage and disgust. Start with the full-on idealism to talk it out and demand answers then and there. If nothing, force must be taken to push them out and reform our government to a new, more elaborate order.
Shame that as people, we cannot gather en masse to stand on common ground as citizens, neither Democrats or Republicans, and undo what has been unleashed to subdue us.One day. We can hope.
The vast majority are with you!
Last year Wyoming passed an identical law. This year Wyoming was the first to introduce a bill that banned enforcement of any federal law (not just guns/ammo manufactured in the state) that infringed on the freedom to bear arms passed after January 1st, 2013 and would charge any federal official trying to enforce the law with a felony, a minimum of 1 year & 1day & a maximum of 5 years, and a $5000 fine. It also allowed the WY AG to defend state residents charged with a federal gun ban crime. It is expected to pass.
Shame that state laws cannot be more powerful than Federal Laws .-.
@Eric Robison In some instances they are. The Fed powers are specifically enumerated, and the traditional states powers are left to the state. Also, in such cases where the fed acts beyond ifs limited constitutional authority, any such act is null and void. Thus, the state law forbidding enforcement of said fed law is to prevent the fed agencies from acting in ways that it has no authority to act.
@Timequake45 @Eric Robison I agree with the sentiment, I also agree that when the Federal government acts beyond their scope that the Supremacy Clause is no long valid. The problem occurs in getting the Federal government to agree that they have violated the Constitution. How far will the states be willing to go to enforce their laws, if the Feds decide to attempt to nullify them?
This is a MUST and I’ll take it one step further. The voters need to hold any Missouri rep responsible that doesn’t support it up to and including impeachment for failing to stand by their oath of office. GET THIS DONE TODAY!
Obama’s announcement to ban assault rifles shows how timely this sort of legislation is. We need to be prepared to fight to the death on this one.
Show em Missouri!
It’s great, but we shouldn’t be using Facebook for any of the other major social networking sites to organize on these issues. Facebook recently deleted a whole bunch of personal pages of various activists with a focus on Second Amendment and 9/11 activists. Apparently they were just testing the waters because they restored those pages the next day after some protests. But they can cut us off at the knees just that easily and quickly whenever they decide to, and “resistance will be futile”. I forget which the major social networking sites was started partially with CIA funding but it was well-documented. I’m not making this up.
Unfortunately I don’t have an alternative to recommend except perhaps good old-fashioned connecting with people face-to-face, and sending checks to organizations across the country that you want to support. But I would be very surprised if alternatives did not exist or were not under active development by like-minded IT people.
@rivcopi It’s easy to start a new facebook page and continue. I even backed up my friends, etc in case it happens to me. I think a class-action lawsuit against facebook would also help stop the censorship.
@rivcopi try soco76.com as an alternative site. I’m sure there will be some bugs to work out, but check it out and see what you think.
This is interesting.
Both impeachment and nullification is the order of the day. This mess should have never gone as far as it has and the citizens must rise up and with one voice say “NO MORE”, and put the wheels in action right now. To delay is to go backward, and this nation has slid that direction long enough. Throw out that pack of thieves and politicians out of office, and Islam out of the country. We are AMERICANS and NOT Islamist.
AWSOME, come on OHIO, get ur head outta ur ass!
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Missouri is the “show me state” So Git’er done Missouri and maybe enough other states will follow to show this illegitimate bastard in the WH we are not fooling.
My objection to the wording in the legislation says that the violation is a class D felony and the penalty for a class E felony is UPTO 4 years. I have a problem with the UPTO. It should be a mandatory sentence not an UPTO. For some liberal judge will sentence the convicted felon to “time served”
A thought just dawned on me . . . . If the perpetrator is now a convicted felon that means by federal law he/she can no longer own or possess a firearm. Does that not mean the convicted felon cannot be hired by the feds to further attempt to intimidate law abiding citizens?
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Please, let’s impeach this fraudulent person who is impersonating as our president.
Awesome! Great to hear!