Moments ago, Missouri House Bill 170, the Firearms Freedom Act, passed out of the House by a wide margin. It passed overwhelmingly with a strong veto-proof margin and will now move to the State Senate for concurrence. The final tally was 117-41.
HB170, the Firearms Freedom Act, protects two aspects of the right to bear arms: 1. HB170 protects semi-automatic firearms, magazines, and accessories from being registered, restricted or banned; 2: HB170 protects manufacturers from the federal governments infringements and dealers from using a national background database. It reads, in part:
“It shall be unlawful for any officer or employee of this state, or any political subdivision, or any federal firearms dealer licensed under 18 U.S.C. Section 923 to enforce or attempt to enforce any act, law, statute, rule, or regulation of the federal government created or effective on or after January 1, 2013, relating to a personal firearm, firearm accessory, or ammunition that is owned or manufactured commercially or privately in the state of Missouri and that remains exclusively within the boundaries of the state of Missouri.
2. 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 created or effective on or after January 1, 2013, 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.
3. Any person in violation of a federal law created or effective on or after January 1, 2013, relating to the manufacture, sale, transfer, or possession of a firearm, a firearm accessory, or ammunition owned or manufactured and retained exclusively within the boundaries of the state of Missouri may request the attorney general to defend him or her for such violation.
4. Any federal law created or effective on or after January 1, 2013, rule, regulation, or order created or effective on or after January 1, 2013, shall be unenforceable in the state of Missouri if the law, rule, regulation, or order attempts to: (1) Ban or restrict ownership of a semi-automatic firearm or any magazine of a firearm; or (2) Require any firearm, magazine, or other firearm accessory to be registered in any manner.” (emphasis added)
In short, any such federal “acts, laws, statutes, rules or regulations” that are already in effect or are passed in the future shall be nullified. This would effectively create a safe-haven for firearms manufacturers who want to build products that are sold to residents in Missouri. It also includes a statewide ban on any federal attempt to ban or restrict semi-automatics (including magazines and accessories) This bill is a great companion for HB436, the 2nd Amendment Preservation Act, which already passed the House and is on its way to the Senate Floor in the coming days.
THE COMMERCE POWER
The Constitution states, “The Congress shall have power… to regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes…The Congress shall have Power…to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”
Robert Natelson notes in The Original Constitution that there are misconceptions of the commerce clause in the Constitution, that the regulation of commerce is not exclusively enumerated to Congress and that commerce did not include everything under the sun. The states still have immense power to regulate commerce within their own state and even with foreign nations.
Natelson writes, “Federalists repeatedly represented that the Constitution would leave the states as the sole government regulators of the vast majority of human actives. They affirmed that the central government would have almost no role over…use of personal property outside commerce, wills and inheritance, business regulation and licensing, manufacturing” and others.
Also Natelson writes, “The Constitution banned states from imposing duties on imports or exports without the consent of Congress…otherwise, states were free to regulate commerce with foreign nations–and even to impose embargoes on goods from outside–subject to preemption by Congress or by federal treaties.”
THE WELCOME MAT
HB170 lays out a welcome mat for firearms manufacturers Recently, State Representative Caleb Rowden gave an example of what might happen should HB170 be passed into law. He sent a letter to a significant number of firearms companies, encouraging them to relocate to Missouri. He wrote in part:
Congressman Williard Vandiver famously stated once, “Frothy eloquence neither convinces nor satisfies me. I’m from Missouri, and you have got to show me.” In the spirit of Vandiver’s no-nonsense plainspoken approach, please allow me to show you why Missouri is an ideal location for your firearms business.
(see the full letter below).
HB170 is not just a protection of the right to keep and bear arms, it’s a great jobs bill for a struggling economy. Since a number of firearms manufacturers are under pressure from less-friendly states, passage of such a bill in Missouri could not come at a better time.
Action Items for Missouri
1. Contact your Senator. Respectively tell your Senator to Co-sponsor HB170, and encourage them to request this bill to be assigned to a committee fast! The legislative session is almost over.
To contact your senator, click here.
2. Get active on Facebook. Join the 2nd Amendment Missouri group and stay active in support of HB170 and HB436 and other legislation coming forward. Click here to join.
3. Encourage your local community to take action as well. Present the 2nd Amendment Preservation Act to your city county, your town council, or your county commissioners. Various local governments around the country are already passing similar resolutions and ordinances. Local legislative action is a great way to strengthen a statewide campaign against 2nd Amendment violations.
model legislation here:
http://tenthamendmentcenter.com/2ndamendmentpreservation/
4. Share this information widely. Please pass this along to your friends and family. Also share it with any and all grassroots groups you’re in contact with around the state. Please encourage them to email this information to their members and supporters.
LEGISLATION AND TRACKING
Track the status of firearms freedom acts in states around the country at this link:
http://tracking.tenthamendmentcenter.com/2ndamendment/firearms/
Encourage your State, County, City and Town to introduce legislation to protect your right to keep and bear arms today. Model legislation here: http://tenthamendmentcenter.com/legislation/2nd-amendment-preservation-act/
LETTER FROM REP. ROWDEN
I second that!
Keep the movement going!
Well the “Show Me” state showed the federal government. Good for them!
Yes!
Keep up the good work!
Well, they have done a shity job “preserving” it. There are gun laws. Gun laws are an infringement. 2nd Amendment states there are to be no infringements.
Highway patrol leaked the list of ccw owners to the feds. Its bein taken care of. But personally I don’t see the point of concealing your weapon, we are an open carry state. I want criminals to know I’m packin.
Hi point can send that, 40 cal carbine right here to mo we’ll buy with a smile.
what are these reports then.maybe they”re reporting names of gun owners or something along that line ?
49 to go!!
idiot if we dont have the 2nd we wont have the others either
go go go!
… if you abuse this right, HAMMER DOWN!
… absent PROBABLE CAUSE, however, STAY OUT OF MY GUN SAFE!
As long as we allow any form of gun ownership restriction we are all losers and might as well just lay our guns down and say “Do as you please”.
Good one.
Texas needs to pass this kind of legislation – However, as long as Straus is in charge a bill that is pro gun will never make it to a vote. Shame on Texas, trying to intice pro gun companies to move here while ignoring the wishes of its citizens.
Amen
David, you are wrong. The federal government can only make laws concerning the powers given to it by the Constitution. If they make any laws outside those enumerated powers, it is null and void. And they can not change the Constitution with amendments, they can PROPOSE amendments that still have to be ratified by the States. As for nullification, it is possible. All nullification does is say that the State will not enforce a law that is unconstitutional, and federal agents have NO authority within the States unless on Federal property. And if you say they can’t do that, then why can the Federal government choose not to enforce or obey its own laws or the Constitution but States can’t? The States are sovereign territory!
It’s funny you all are worried about the 2nd amendment, but you don’t care about others 1st, 3rd and 4th amendments. It’s hypocrisy at its finest. It’s ok though, there was a wise man that once said “stupid is as stupid does”
People with any intelligence are laughing at gun wack jobs, and Republicant’s
Wrong, the federal government can make any laws they choose. They can add amendments to the constitution to change anything on such said constitution. It’s up to the Supreme Court to say if a law is constitutional, but an amendment added, can’t be struck down by the Supreme Court
The federal government cannot make laws infringing the right to keep and bear arms. The state is reaffirming its commitment to the Constitution.
It’s just to bad that Federal law supersedes any state law that’s less restrictive. The only way a state law would supersede federal law is when the state laws are STRICTER then federal law. Good luck with that
I understand what they think they have done but state laws don’t override federal laws. If congress makes an amendment to the constitution it is legal even if we don’t like it. So you need to write your representatives and lobby for what you want.
You don’t need a CC permit in MO.. This is an open carry State… I carry out in the open all the time. I do have a CC though, it’s from Utah… Better permit to own than a MO permit.
Why did Missouri give up those names of gun owners to the UN y’all are so proud if them
Ralph, the states are sovereign territory. The Federal government only has jurisdiction in a few areas, the ones listed in the Constitution. If the Congress makes laws that violate the Constitution, they are null and not really laws. Nullification is just the states way of saying so.
@nd. and 10th., don’t forget the 14th.!!!
We need this one in Nebraska….
Supremacy Clause!
guess Missouri is where I will buy my guns from now on!
Political stunt? Can states really make laws barring the feds from regulating us? Different states, same country.
Just another reason to love MISSOURI!!
Are you getting this Louisiana!!
but they’re turning over the names of concealed carry license holders to govt agencys
Hope they burned out on his face!
Come on PA
President is moving to cut off imports of ammo and body armour and refers our countries laws for trade to the U.N. – they just do not stop. This is not a normal American government and out of control.
http://intellihub.com/2013/04/23/witness-tamerlan-tsarnaev-run-over-by-cops/
Look at the “Dick Act” of 1906…. It cannot be repealed and it makes ALL Federal Gun Laws Illegal!! These Liberal Progressive Socialist Communists in our Government do not even follow their own laws! Any “Representative” of the people that exempt themselves from their own Laws is NOT a Representative and should be removed IMMEDIATELY!!!!
Louisiana will follow. It’s already on the table.
Why is Ohio always one of the last states to get anything positive done…..on most everything!?
bravo
Are you getting this NCarolina
And yet they Voluntarily gave CCW records to the Feds. What’s up with That?!?
The more you tighten your grip, Tarkin, the more star systems will slip through your fingers.
Yeah, have fun with that… lol
fire the 41
Well good for “WE THE PEOPLE” for a change during this hellish administration.
See ya.
Hell Yeah!
Woohoooo!!!
Happy to see the elected Representatives following the will of the people ..
Time to go be a damn yankee again….
Way to go !
I don’t see that. As the feds push, states are pushing back and not allowing it. That’s a good thing, or what am I missing ?
Awesome.
sounds good
The 2nd & 10th. Thank God Almighty and the NRA!
Yes
41 more traitors