Mo. Gov. May Allow Gun Control Nullification to Pass Without His Signature

In less than two weeks, Missouri could join Kansas in enacting a state law refusing to enforce federal gun control measures.

On May 22, the Second Amendment Preservation Act (HB 436) was sent to Governor Jay Nixon. As of this writing, Nixon, a Democrat, has not indicated whether he plans to veto or sign the bill.

Earlier this month, both houses of the Republican-controlled state legislature passed the bill by an overwhelming majority.

When asked about Governor Nixon’s intention, a source inside his office told The New American that in an effort to avoid multiplying the several scandals already plaguing his administration, Nixon would likely let the bill sit on his desk without signing or vetoing it, thus allowing the measure to become law without his participation.

According to Article III, Section 31 of the Missouri state constitution:

Every bill which shall have passed the house of representatives and the senate shall be presented to and considered by the governor, and, within fifteen days after presentment, he shall return such bill to the house in which it originated endorsed with his approval or accompanied by his objections. If the bill be approved by the governor it shall become a law. When the general assembly adjourns, or recesses for a period of thirty days or more, the governor shall return within forty-five days any bill to the office of the secretary of state with his approval or reasons for disapproval. If any bill shall not be returned by the governor within the time limits prescribed by this section it shall become law in like manner as if the governor had signed it.

Therefore, the Missouri gun control nullification bill could become law on July 6 (45 days from its May 22 transmittal date) without the governor’s signature.

Should he decide to sign the bill, however, Governor Nixon would join Governor Sam Brownback of Kansas, who recently enacted a similar measure passed with overwhelming support by the Kansas state legislature.

While there are similarities between the Kansas and Missouri measures, the text of the Missouri bill goes much farther in its bold opposition to attempts by the federal government to infringe on the right of Missourians to keep and bear arms as guaranteed by the Second Amendment.

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Action Alert: Help Nullify Warrantless Drones Spying in Illinois

Illinois SB1587, the Freedom from Drone Surveillance Act, was referred to the Rules Committee last month, but still has not been brought up for a vote. This bill would prohibit warrantless drone surveillance under most circumstances. Passage would end the possibility of most drone use in Illinois. This is a BIG step forward for the privacy.

SB1587 has been stalled for about a month. With the end of the session fast approaching, the bill may die without your vigilance.

ACTION ITEMS

1. Contact the House Chair on Rules.  Politely ask her to schedule a hearing and vote YES on SB1587

Barbara Currie (217) 782-8121

2. Contact all the other members of the Rules Committee. Strongly, but respectfully, urge each of them to vote YES on SB1587.

Timothy Schmitz (217) 782-5457
Lou Lang (217) 782-1252
David Leitch (217) 782-8108
Frank Mautino (217) 782-0140

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San Diego Mayor Calls for Jury Nullification

Don’t look now, but nullification is about to spread to the courtroom.  NBC 7 in San Diego reported this week that the city’s mayor, Bob Filner, has called for jurors to refuse to convict the operators of licensed marijuana dispensaries who have been arrested under anti-drug laws by the federal government.  State and local laws in San Diego permit the sale and use of marijuana for medicinal purposes.

San Diego Mayor Bob Filner has injected himself into a federal criminal case against the operator of a medical marijuana dispensary, intensifying his standoff with federal prosecutors on cannabis enforcement issues.

Filner’s urging jurors who’ll be chosen for the trial to reject federal law in favor of state statutes under a centuries-old legal concept known as “jury nullification”– whereby jurors can refuse to convict people under laws they believe should not be applied.

“It’s time, like with Prohibition, to step back and say this was a stupid thing to do,” Filner said outside the courthouse. “Let’s step back, and juries ought to take the lead and say that to the federal government…and if the federal government isn’t listening to the mayor, maybe they’ll listen to the jury.”

Against the articulated wishes of the community, the federal government continues to raid these dispensaries and arrest the people who operate them, actions that clearly violate both the Constitution and the sovereignty of the state and local governments.  Filner in decrying this federal usurpation stated, “This is way overdoing it when local laws, state laws allow compassionate use of medical marijuana.”

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