Representative Funderburk introduced a Second Amendment Preservation Act, House Bill 436. This bill is cosponsored by many representatives including Representatives: Jones, Burlinson, Hicks, Rhoads, Ross, Miller, Parkinson, Remole, Anderson, Hurst, Bahr, Brown, Smith, Koenig, Curtman, Dugger, Morris, Sommer, Leara, Gatschenberger, Brattin, Schieffer, and Korman. Missouri is serious by upholding the federal government to its Constitutional responsibility to not infringe on the people’s right to bear arms. Previously, Representative Sommer had introduced HB 162, A Firearms Freedom Act and HB 181 and Interstate Commerce Act.
HB 436 states, “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 shall 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. 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; (b) The provisions 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 transfer of any type of firearm, firearm accessory, or ammunition by law-abiding citizens; (g) Any act ordering the confiscation of firearms, firearm accessories, or ammunition from law-abiding citizens.”
This bill acknowledges that federal gun regulations have been around for decades. The Gun Control Act of 1934 set up the battle between the right to bear arms and state sovereignty. In Franklin E. Zimring article, Firearms and Federal Laws: The Gun Control Act of 1968 describes how this battle started. “The National Firearms Act of 1934, after the handgun registration provisions were deleted, was a concentrated attack on civilian ownership of machine guns, sawed-off shotguns, silencers, and other relatively rare firearms that had acquired reputations as gangster weapons during the years preceding its passage. Modeled on the Harrison Narcotics Act, the N.F.A. based its regulatory powers on a tax imposed on traffic in the weapons, thus generating federal jurisdiction for intrastate as well as interstate transactions. The tax rate, $200 per transfer, did not seem calculated to encourage extensive commerce in these weapon. The Act also provided for the immediate registration of all covered weapons, even if illegally owned a provision altered in 1968, after the United States Supreme Court held the 1934 provision to be an infringement on the constitutional privilege against self-incrimination.”Details