HOUSE BILL NO. 436 Missouri

http://www.house.mo.gov/billtracking...ly/HB0436T.htm


Well, that is pretty long so here is the interesting part. Since it has passed and regardless if the Governor signs the Bill, it is a veto proof majority so it is set to be law in Missouri.

(5) The several states of the United States of America are not united on the principle of unlimited submission to their federal government. If the government created by the compact among the states were the exclusive or final judge of the extent of the powers granted to it by the Constitution, the federal government's discretion, and not the Constitution, would be the measure of those powers. To the contrary, as in all other cases of compacts among powers having no common judge, each party has an equal right to judge itself, as well as infractions of the mode and measure of redress. Although the several states have granted supremacy to laws and treaties made pursuant to the powers granted in the Constitution, such supremacy does not apply to various federal statutes, orders, rules, regulations, or other actions which restrict or prohibit the manufacture, ownership, and use of firearms, firearm accessories, or ammunition exclusively within the borders of Missouri; such statutes, orders, rules, regulations, and other actions exceed the powers granted to the federal government except to the extent they are necessary and proper for the government and regulation of the land and naval forces of the United States or for the organizing, arming, and disciplining of militia forces actively employed in the service of the United States Armed Forces;

(6) The people of the several states have given Congress the power "to regulate commerce with foreign nations, and among the several states, and with the Indian tribes", but "regulating commerce" does not include the power to limit citizens' right to keep and bear arms in defense of their families, neighbors, persons, or property, or to dictate to what sort of arms and accessories law-abiding mentally competent Missourians may buy, sell, exchange, or otherwise possess within the borders of this state;

(7) The people of the several states have also given Congress the power "to lay and collect taxes, duties, imports, and excises, to pay the debts, and provide for the common defense and general welfare of the United States" and "to make all laws which shall be necessary and proper for carrying into execution the powers vested by the Constitution in the government of the United States, or in any department or officer thereof". These constitutional provisions merely identify the means by which the federal government may execute its limited powers and ought not to be so construed as themselves to give unlimited powers because to do so would be to destroy the balance of power between the federal government and the state governments. We deny any claim that the taxing and spending powers of Congress can be used to diminish in any way the people's right to keep and bear arms;

(8) The people of Missouri have vested the general assembly with the authority to regulate the manufacture, possession, exchange, and use of firearms within this state's borders, subject only to the limits imposed by the Second Amendment to the United States Constitution and the Missouri Constitution;

(9) The general assembly of the state of Missouri strongly promotes responsible gun ownership, including parental supervision of minors in the proper use, storage, and ownership of all firearms, the prompt reporting of stolen firearms, and the proper enforcement of all state gun laws; and

(10) The general assembly of the state of Missouri hereby condemns any unlawful transfer of firearms and the use of any firearm in any criminal or unlawful activity.

3. (1) 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, shall be specifically rejected by this state, and shall be considered null and void and of no effect in this state.

(2) 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; and

(g) Any act ordering the confiscation of firearms, firearm accessories, or ammunition from law-abiding citizens.

4. It shall be the duty of the courts and law enforcement agencies of this state to protect the rights of law-abiding citizens to keep and bear arms within the borders of this state and from the infringements in subsection 3 of this section.

5. No public officer or employee of this state shall have any authority to enforce or attempt to enforce any of the infringements on the right to keep and bear arms included in subsection 3 of this section.

6. Any official, agent, or employee of the United States government who enforces or attempts to enforce any of the infringements on the right to keep and bear arms included in subsection 3 of this section is guilty of a class A misdemeanor.

7. Any Missouri citizen who has been subject to an effort to enforce any of the infringements on the right to keep and bear arms included in subsection 3 of this section shall have a private cause of action for declaratory judgment and for damages against any person or entity attempting such enforcement.

Interesting quote I found elsewhere.

Federal laws trump state laws ONLY when the Federal laws are constitutional.

Unconstitutional Federal laws (such as the 1934 National Firearms Act and the 1968 Gun Control Act) don't trump anything.

The 1968 GCA has never been brought before the Supreme Court.

The 1934 NFA has (US v. Miller, 1939), but in that hearing, only the anti-gun prosecution showed up. No one showed up for the defense at all. So the govt prosecution lawyers took advantage of the windfall, and read several flat lies into the record. Since no one was there to refute them, the Justices rubber-stamped the lies into an Opinion.

Some of them were:

1.) Only guns similar to those used by the military, were protected by the 2nd amendment. (Not true, of course, the 2nd protects ALL personal weapons)

2.) Miller's sawed-off shotgun was not similar to weapons used by the military. (Not true, of course, short-barrelled shotguns were used in quantity by both sides in the most recent major war of the time, World War I, called "trench guns")

The Govt has carefully avoided ever revisiting this case. This action by the State off Missouri, might finally bring it back into court. If that happens, US v. Miller will likely be overturned in about ten minutes.

And then all the subsequent laws and cases that have used US v. Miller as a basis, will start getting repealed and reversed as fast as they can be brought to appropriate courts.[/