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Posted: 12/20/2020 9:23:52 AM EDT
I ran across this this am.  anybody know anything or is it
just smoke in the air .??

source here :
https://blog.tenthamendmentcenter.com/2020/12/missouri-bill-would-take-on-federal-gun-control-past-present-future/?fbclid=IwAR1uH2dTaov5dVE5aNEeRBEAuKHSwpuAJ8Uy93QT5Bsuskdez_dNz7TrTyM


Missouri Bill Would Take on All Federal Gun Control: Past, Present and Future
By: Mike Maharrey|Published on: Dec 15, 2020|Categories: Right to Keep and Bear Arms, State Bills|

JEFFERSON CITY, Mo. (Dec. 15, 2020) – A prefiled in the Missouri Senate would take on federal gun control; past, present and future. Passage into law would represent a major step toward ending federal acts that infringe on the right to keep and bear arms within the state.

Sen. Eric Burlison (R-Battlefield) filed Senate Bill 39 (SB39) on Dec. 1. The bill is identical to two bills filed in the House.

Titled the “Second Amendment Preservation Act,” the legislation would ban any entity or person, including any public officer or employee of the state and its political subdivisions, from enforcing any past, present or future federal “acts, laws, executive orders, administrative orders, court orders, rules, regulations, statutes, or ordinances” that infringe on the right to keep and bear arms.

DETAILS OF THE LEGISLATION

The bill includes a detailed definition of actions that qualify as “infringement,” including but not limited to:

taxes and fees on firearms, firearm accessories, or ammunition not common to all other goods and services that would have a chilling effect on the purchase or ownership of those items by law-abiding citizens;
registration and tracking schemes applied to firearms, firearm accessories, or ammunition that would have a chilling effect;
any act forbidding the possession, ownership, or use or transfer of a firearm, firearm accessory, or ammunition by law-abiding citizens;
any act ordering the confiscation of firearms, firearm accessories, or ammunition from law-abiding citizens.
The proposed law defines “law-abiding citizen” as “a person who is not otherwise precluded under state law from possessing a firearm.”

Under the proposed law, infringement on the right to keep and bear arms would include the National Firearms Act of 1934, the Gun Control Act of 1968. Pres. Trump’s bump-stock ban, proposed federal “red-flag laws,” and any future gun control schemes implemented by the federal government.

The legislation includes a provision that would allow anybody who violates the law and knowingly deprives somebody of their right to keep and bear arms as defined by the law to be sued for damages in civil court.

“Sovereign, official, or qualified immunity shall not be an affirmative defense in such actions.”

The bill also includes provisions that would apply to federal agents who knowingly enforce or attempt to enforce any of the infringing acts identified in the law, or who give material aid and support to such enforcement efforts.

Under the proposed law, they would “be permanently ineligible to serve as a law enforcement officer or to supervise law enforcement officers for the state or any political subdivision of the state.” This would also apply to state or local law enforcement agents working with federal task forces or deputized by federal agencies.

In other words, Missouri law enforcement officers who cooperate with the feds in a violation of a person’s right to keep and bear arms would lose their jobs and never be able to work in Missouri law enforcement again.

EFFECTIVE

The federal government relies heavily on state cooperation to implement and enforce almost all of its laws, regulations and acts – including gun control. By simply withdrawing this necessary cooperation, states and localities can nullify many federal actions in effect. As noted by the National Governors’ Association during the partial government shutdown of 2013, “states are partners with the federal government on most federal programs.”

Based on James Madison’s advice for states and individuals in Federalist #46, a “refusal to cooperate with officers of the Union” represents an extremely effective method to bring down federal gun control measures because most enforcement actions rely on help, support and leadership from state and local governments.

Fox News senior judicial analyst Judge Andrew Napolitano agreed. In a televised discussion on the issue, he noted that a single state taking this step would make federal gun laws “nearly impossible” to enforce.

“Partnerships don’t work too well when half the team quits,” said Michael Boldin of the Tenth Amendment Center. “By withdrawing all resources and participation in federal gun control, states and even local governments can help bring these unconstitutional acts to their much-needed end.”

LEGAL BASIS

The state of Missouri can legally bar state agents from enforcing federal gun control. Refusal to cooperate with federal enforcement rests on a well-established legal principle known as the anti-commandeering doctrine.

Simply put, the federal government cannot force states to help implement or enforce any federal act or program. The anti-commandeering doctrine is based primarily on five Supreme Court cases dating back to 1842. Printz v. U.S. serves as the cornerstone.

“We held in New York that Congress cannot compel the States to enact or enforce a federal regulatory program. Today we hold that Congress cannot circumvent that prohibition by conscripting the States’ officers directly. The Federal Government may neither issue directives requiring the States to address particular problems, nor command the States’ officers, or those of their political subdivisions, to administer or enforce a federal regulatory program. It matters not whether policy making is involved, and no case by case weighing of the burdens or benefits is necessary; such commands are fundamentally incompatible with our constitutional system of dual sovereignty”

WHAT’S NEXT

SB 39 will be officially introduced after the Missouri Legislature convenes for its 2021 session on Jan. 8. The bill will be referred to a committee where it must pass by a majority vote before moving forward in the legislative process.
Link Posted: 12/20/2020 9:52:35 AM EDT
[#1]
He files it every year, and it never goes anywhere........ except 2013 when it passed, Nixon vetoed, and two republican turncoat senators from St Charles changed their votes during the veto override seasion..
Link Posted: 12/20/2020 9:47:48 PM EDT
[#2]
Maybe with the influx of new owners we can start getting a little traction on this...
Or not.
Link Posted: 12/21/2020 2:20:21 AM EDT
[#3]
2nd amendment preservation act is what it's called IIRC. It passed the house and is in the Senate right now I believe. It was supposed to be voted on in March I think, then COVID hit.
Link Posted: 12/21/2020 3:19:28 AM EDT
[#4]
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He files it every year, and it never goes anywhere........ except 2013 when it passed, Nixon vetoed, and two republican turncoat senators from St Charles changed their votes during the veto override seasion..
View Quote


Link Posted: 12/21/2020 9:47:49 AM EDT
[#5]
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Quoted:
2nd amendment preservation act is what it's called IIRC. It passed the house and is in the Senate right now I believe. It was supposed to be voted on in March I think, then COVID hit.
View Quote


Or the "Firearms Freedom Act".  Couple different names.

It hasn't passed the house or senate.....they're not in session.  It's only been prefiled.  It gets stuck in committee every year, never makes it to the "do pass" stage.
Link Posted: 12/21/2020 4:46:08 PM EDT
[#6]
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Or the "Firearms Freedom Act".  Couple different names.

It hasn't passed the house or senate.....they're not in session.  It's only been prefiled.  It gets stuck in committee every year, never makes it to the "do pass" stage.
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Quoted:
Quoted:
2nd amendment preservation act is what it's called IIRC. It passed the house and is in the Senate right now I believe. It was supposed to be voted on in March I think, then COVID hit.


Or the "Firearms Freedom Act".  Couple different names.

It hasn't passed the house or senate.....they're not in session.  It's only been prefiled.  It gets stuck in committee every year, never makes it to the "do pass" stage.


I was looking this up the other day, thought I read it passed the house. Must have read the bill wrong.
Link Posted: 12/21/2020 4:53:20 PM EDT
[#7]
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Quoted:
Maybe with the influx of new owners we can start getting a little traction on this...
Or not.
View Quote


That would require being organised and persistent... ie phone calls and email weekly plus in person visits.

That's how the other side does it.

Link Posted: 12/21/2020 4:54:10 PM EDT
[#8]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
2nd amendment preservation act is what it's called IIRC. It passed the house and is in the Senate right now I believe. It was supposed to be voted on in March I think, then COVID hit.
View Quote


Was voted out of committee "do pass" again and ignored as far as a vote goes.
Link Posted: 12/22/2020 12:07:18 AM EDT
[#9]
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I was looking this up the other day, thought I read it passed the house. Must have read the bill wrong.
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Every bill dies at the end of session if not passed. They start fresh with each new session. The next session starts on Jan. 6. Bills are being pre-filed for that session.
Link Posted: 12/22/2020 1:01:11 AM EDT
[#10]
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Every bill dies at the end of session if not passed. They start fresh with each new session. The next session starts on Jan. 6. Bills are being pre-filed for that session.
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Quoted:


I was looking this up the other day, thought I read it passed the house. Must have read the bill wrong.



Every bill dies at the end of session if not passed. They start fresh with each new session. The next session starts on Jan. 6. Bills are being pre-filed for that session.

Thanks for clarifying that. I didn't know how it worked honestly.
Link Posted: 12/22/2020 8:02:09 AM EDT
[#11]
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Thanks for clarifying that. I didn't know how it worked honestly.
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Thanks for clarifying that. I didn't know how it worked honestly.



If you look up the Senate bill referenced in the OP's linked article, you'll see it has been submitted a few times before:

This act is substantially similar to SB 588 (2020), SB 367 (2019) and similar to HB 786 (2019), HB 1760 (2018), and similar to provisions in HB 1439 (2014).
Link Posted: 12/22/2020 5:22:22 PM EDT
[#12]
Yes, they always push these gun bills at the end of the session.  If we want this passed, we would need to be there in January bitching and pushing it ever step of the way.

https://house.mo.gov/billtracking/info/howbill.htm

The General Assembly convenes at the State Capitol in Jefferson City annually on the first Wednesday after the first Monday of January. It adjourns on May 30, with no consideration of bills after 6:00 p.m. on the first Friday following the second Monday in May. No appropriation bill may be considered after 6:00 p.m. on the first Friday after the first Monday in May. If the Governor returns a bill with his objections after adjournment sine die, the General Assembly is automatically reconvened on the first Wednesday following the second Monday in September for a period not to exceed ten days to consider vetoed bills.
Link Posted: 12/22/2020 8:39:08 PM EDT
[#13]
I totally agree. We need to start pushing for favorable bills right way in January. I know I will be in contact with my state rep for sure.
Link Posted: 12/22/2020 9:57:58 PM EDT
[#14]
Link Posted: 12/22/2020 10:06:01 PM EDT
[#15]
It wouldn't hurt having this pass, but just like the other states that have passed it 10+ yrs ago, it doesn't really go anywhere because the feds immediately sue the state.  MT, TN, and a few other states passed it when Obama tried to cram the legislation through.

Not knocking it, but don't think for a second that you can start buying DIAS's the next day.  Gonna be a long fight, but the first punch is getting it passed.
Link Posted: 12/22/2020 11:56:08 PM EDT
[#16]
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Quoted:
It wouldn't hurt having this pass, but just like the other states that have passed it 10+ yrs ago, it doesn't really go anywhere because the feds immediately sue the state.  MT, TN, and a few other states passed it when Obama tried to cram the legislation through.

Not knocking it, but don't think for a second that you can start buying DIAS's the next day.  Gonna be a long fight, but the first punch is getting it passed.
View Quote

Wasn't there a guy in Kansas a few years ago who thought he didn't need paperwork for a suppressor any more because of their new law?
Link Posted: 12/23/2020 2:25:16 PM EDT
[#17]
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Quoted:

Wasn't there a guy in Kansas a few years ago who thought he didn't need paperwork for a suppressor any more because of their new law?
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
It wouldn't hurt having this pass, but just like the other states that have passed it 10+ yrs ago, it doesn't really go anywhere because the feds immediately sue the state.  MT, TN, and a few other states passed it when Obama tried to cram the legislation through.

Not knocking it, but don't think for a second that you can start buying DIAS's the next day.  Gonna be a long fight, but the first punch is getting it passed.

Wasn't there a guy in Kansas a few years ago who thought he didn't need paperwork for a suppressor any more because of their new law?


More specifically thought he could post on the internet about making it.
Link Posted: 12/24/2020 2:57:18 AM EDT
[#18]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


More specifically thought he could post on the internet about making it.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
It wouldn't hurt having this pass, but just like the other states that have passed it 10+ yrs ago, it doesn't really go anywhere because the feds immediately sue the state.  MT, TN, and a few other states passed it when Obama tried to cram the legislation through.

Not knocking it, but don't think for a second that you can start buying DIAS's the next day.  Gonna be a long fight, but the first punch is getting it passed.

Wasn't there a guy in Kansas a few years ago who thought he didn't need paperwork for a suppressor any more because of their new law?


More specifically thought he could post on the internet about making it.

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