Missouri's "Second Amendment Preservation Act” becomes law

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ETA: Title updated from "Republican Missouri State Rep's "Second Amendment Preservation Act” passes house."

Will be vetoed if it passes the state senate.
Plan to invalidate federal gun laws wins approval in Missouri House
Local law enforcement has voiced concerns the measure could imperil their efforts to collaborate with federal agents through crime task forces. It is unclear whether edits to the measure Wednesday will convince law enforcement groups to support the measure.
Democrats sent out a news release during debate on the nullification measure touting the party’s “solutions to rampant Missouri gun violence.”

Among the proposals is one requiring people to report lost or stolen firearms, one requiring firearm sellers to verify the age of buyers and a third bill allowing localities to issue their own firearm rules.
Last edited by DispositionMatrix on Fri Jun 18, 2021 5:14 pm, edited 1 time in total.

Re: Republican Missouri State Rep's "Second Amendment Preservation Act” passes house

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Parson will sign Second Amendment bill declaring federal gun laws ‘invalid’ in Missouri
t’s been met by outrage and alarm from Democrats and gun control advocates, who have slammed the measure as dangerous in a state with such high rates of gun violence. Missouri had the nation’s third-highest per-capita rate of gun deaths in 2020.

In particular, gun control advocates have focused on what they call the “domestic violence loophole” that the legislation would solidify. Federal law prohibits gun possession for those convicted of domestic violence misdemeanors, but when Missouri passed a permitless concealed carry law in 2016, sheriffs were no longer conducting background checks.

Under the Second Amendment Preservation Act, that federal limitation is one of many gun laws that would be declared “invalid” in the state. Missouri law only prohibits felons and fugitives from having guns.
I suppose firearm prohibitionists get "outrage" points for “domestic violence loophole.”

Re: Republican Missouri State Rep's "Second Amendment Preservation Act” passes house

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Among the proposals is one requiring people to report lost or stolen firearms, one requiring firearm sellers to verify the age of buyers and a third bill allowing localities to issue their own firearm rules.
How are these ideas bad ideas?? I mean, ya gotta show yer ID when ya buy some 3.2% beer at 7/11....And if you lose or have a firearm stolen, why WOULDN'T you report it..ok, I see how admitting being 'stupid in public' might deter some from reporting a stolen or lost gun...

Re: Republican Missouri State Rep's "Second Amendment Preservation Act” passes house

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F4FEver wrote: Fri Jun 11, 2021 8:22 am
Among the proposals is one requiring people to report lost or stolen firearms, one requiring firearm sellers to verify the age of buyers and a third bill allowing localities to issue their own firearm rules.
How are these ideas bad ideas?? I mean, ya gotta show yer ID when ya buy some 3.2% beer at 7/11....And if you lose or have a firearm stolen, why WOULDN'T you report it..ok, I see how admitting being 'stupid in public' might deter some from reporting a stolen or lost gun...
In case there is any confusion, those are things Missouri Democrats want to pass; they have nothing to do with the so-called "Second Amendment Preservation Act.”
  • Per statute 571.087, it appears Missouri defers to federal law regarding the purchase of firearms.
  • If your firearm is stolen from you, you are a victim of a crime. If you lose it via negligence, you are a moron.
  • Missouri already only has pretend state preemption, but the purpose of "allowing localities to issue their own firearm rules" is for municipalities to enact a patchwork of bans to make it difficult to possess or carry firearms in a state.
A mainstay of authoritarianism is proposing every idea a particular group of people claims would be beneficial needs to be codified into law. Authoritarians are the "there oughta be a law" crowd who live from one knee-jerk reaction to another:
I don't like abortion. There oughta be a law.
I don't like firearms. There oughta be a law.

As should be true anywhere, for each bill proposed in Missouri, legislators should ask themselves the following:
What statistically relevant problem in Missouri am I trying to solve?
Would my proposed solution create another problem or make things worse?
Would my time, which is supposed to be of benefit to the public, be better spent on something more productive?

Equally important is that people who own firearms know to try to prevent the Democrats from succeeding in going after the low-hanging fruit, because they are aware once Democrats achieve those goals they will move on to the next restriction du jour promoted by the firearm prohibition lobby, if they have not already. That's why firearm owners are reluctant to give Democrats an inch on proposed firearm laws, even if some of those owners would otherwise deem those bills tolerable.

Enacting law in this country should be difficult and well-considered, e.g., not the USA PATRIOT Act.

Re: Republican Missouri State Rep's "Second Amendment Preservation Act” passes house

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F4FEver wrote: Fri Jun 11, 2021 8:22 am ....And if you lose or have a firearm stolen, why WOULDN'T you report it..ok, I see how admitting being 'stupid in public' might deter some from reporting a stolen or lost gun...
Why does it need to be a law? What problem does it solve? What's the time limit? Some of them propose 72 hours, some less. Do you inventory your firearms every 72 hours?

Sure, criminal A illegally transfers gun to criminal B. Criminal B is caught with it, criminal A says "it was lost". Is this really a problem or something that happens but is rare? I'm guessing criminal A usually isn't supposed to have firearms either and will say "what gun?" These are feel good laws, I want to see they will make a difference first. From my experience they often include other restrictions that I like even less.

Re: Republican Missouri State Rep's "Second Amendment Preservation Act” passes house

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I don't get it. Nullification? Look it up. There are a raft of Supreme Court cases where states tried to nullify Federal laws. They always lose.
See Wikipedia on Nullification https://en.wikipedia.org/wiki/Nullifica ... stitution)
States are basically free to pass stricter laws than Federal Law, but not lessen Federal law.
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Re: Republican Missouri State Rep's "Second Amendment Preservation Act” passes house

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OldCoastie wrote:I don't get it. Nullification? Look it up. There are a raft of Supreme Court cases where states tried to nullify Federal laws. They always lose.
See Wikipedia on Nullification https://en.wikipedia.org/wiki/Nullifica ... stitution)
States are basically free to pass stricter laws than Federal Law, but not lessen Federal law.
Looks mostly like an intent not to enforce federal firearm laws. De facto decriminalization. Several states already are doing this with weed, and only drug war proponents have a problem with it.
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Re: Missouri's "Second Amendment Preservation Act” becomes law

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Brian Dougherty breaks the law down for those who don't like to read bills.
Missouri Now Refuses to Enforce Certain Federal Gun Laws
The law (Missouri House Bill 85) defines various federal laws that Missouri considers an inherent violation of its citizens' rights under the Second Amendment:
  1. Any tax, levy, fee, or stamp imposed on firearms, firearm accessories, or ammunition not common to all other goods and services and that might reasonably be expected to create a chilling effect on the purchase or ownership of those items by law abiding citizens;
  2. Any registration or tracking of firearms, firearm accessories, or ammunition;
  3. Any registration or tracking of the ownership of firearms, firearm accessories, or ammunition;
  4. Any act forbidding the possession, ownership, use, or transfer of a firearm, firearm accessory, or ammunition by law-abiding citizens; and
  5. Any act ordering the confiscation of firearms, firearm accessories, or ammunition from law-abiding citizens.
Such laws, the new Missouri law insists, "shall be invalid to this state, shall not be recognized by this state, shall be specifically rejected by this state, and shall not be enforced by this state….No entity or person, including any public officer or employee of this state or any political subdivision of this state, shall have the authority to enforce or attempt to enforce any federal acts, laws, executive orders, administrative orders, rules, regulations,statutes, or ordinances infringing on the right to keep and bear arms."

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