MO HB.436 is sent to Governor Nixon of Missouri...
46 replies, posted
What is HB436? Well it's an act which [B]will nullify all federal gun control laws[/B] in the state of Missouri, and will make it a Class D Felony to enforce them.
It went through the senate only an hour ago, and no news site has reported it(will put up a source when one that's not RightWing media pops up).
A snippet from HB436 -
[quote]3. (1) All federal acts, laws, orders, rules, and regulations,74 whether past, present, or future, which infringe on the people's right
75 to keep and bear arms as guaranteed by the Second Amendment to the
76 United States Constitution and Article I, Section 23 of the Missouri
77 Constitution shall be invalid in this state, shall not be recognized by
78 this state, shall be specifically rejected by this state, and shall be
79 considered null and void and of no effect in this state.
80 (2) Such federal acts, laws, orders, rules, and regulations include,
81 but are not limited to:
82 (a) The provisions of the federal Gun Control Act of 1934;
83 (b) The provisions of the federal Gun Control Act of 1968;
84 (c) Any tax, levy, fee, or stamp imposed on firearms, firearm
85 accessories, or ammunition not common to all other goods and services
86 which could have a chilling effect on the purchase or ownership of
87 those items by law-abiding citizens;
88 (d) Any registering or tracking of firearms, firearm accessories,SCS HCS HB 436 4
89 or ammunition which could have a chilling effect on the purchase or
90 ownership of those items by law-abiding citizens;
91 (e) Any registering or tracking of the owners of firearms, firearm
92 accessories, or ammunition which could have a chilling effect on the
93 purchase or ownership of those items by law-abiding citizens;
94 (f) Any act forbidding the possession, ownership, or use or
95 transfer of any type of firearm, firearm accessory, or ammunition by
96 law-abiding citizens; and
97 (g) Any act ordering the confiscation of firearms, firearm
98 accessories, or ammunition from law-abiding citizens.
99 4. It shall be the duty of the courts and law enforcement agencies
100 of this state to protect the rights of law-abiding citizens to keep and
101 bear arms within the borders of this state and from the infringements
102 in subsection 3 of this section.
103 5. No public officer or employee of this state shall have any
104 authority to enforce or attempt to enforce any of the infringements on
105 the right to keep and bear arms included in subsection 3 of this section.
106 6. Any official, agent, or employee of the United States
107 government who enforces or attempts to enforce any of the
108 infringements on the right to keep and bear arms included in
109 subsection 3 of this section is guilty of a class A misdemeanor.
110 7. Any Missouri citizen who has been subject to an effort to
111 enforce any of the infringements on the right to keep and bear arms
112 included in subsection 3 of this section shall have a private cause of
113 action for declaratory judgment and for damages against any person or
114 entity attempting such enforcement.[/quote]
[URL="http://www.house.mo.gov/billtracking/bills131/hlrbillspdf/1204S.04C.PDF"]HB.436 PDF[/URL]
As much as I hate the restrictions of NFA 34, this is insane!
Also before prove it...
[quote][TABLE]
[TR]
[TH]Sponsor:[/TH]
[TD][URL="http://www.house.mo.gov/member.aspx?district=103&year=2013"]Funderburk, Doug (103)[/URL][/TD]
[/TR]
[TR]
[/TR]
[TR]
[TH]Co-Sponsor:[/TH]
[TD][URL="http://www.house.mo.gov/member.aspx?district=110&year=2013"]Jones, Timothy (110)[/URL] ... [URL="http://www.house.mo.gov/billtracking/bills131/biltxt/intro/HB0436I.HTM"]et al.[/URL][/TD]
[/TR]
[TR]
[TH]Proposed Effective Date:[/TH]
[TD]8/28/2013[/TD]
[/TR]
[TR]
[TH]LR Number:[/TH]
[TD]1204S.04T[/TD]
[/TR]
[TR]
[TH][B]Last Action:[/B][/TH]
[TD][B]05/08/2013 - Truly Agreed To and Finally Passed[/B][/TD]
[/TR]
[TR]
[TH]Bill String:[/TH]
[TD]SCS HCS HB 436[/TD]
[/TR]
[TR]
[TH]Next Hearing:[/TH]
[TD]Hearing not scheduled[/TD]
[/TR]
[TR]
[TH]Calendar:[/TH]
[TD]Bill currently not on a House calendar[/quote][/TD]
[/TR]
[/TABLE]
Nullification Crisis II: Missouri Boogaloo
That sounds like the name of a virus, and I was reminded of those news reports of poisoned letters.
It's too bad the BATF will cite some preemption laws and ignore the whole thing. Quite a shame that states can't stand up to unconstitutional laws themselves.
Who knows how far it will go, my state's Governor veto'd a similar bill earlier this year, same as he does with every other bill that Montana wants but he doesn't.
Why the hell do US states have the ability to do this?
Holder's gonna have a shitfit.
[QUOTE=Lonestriper;40590616]Why the hell do US states have the ability to do this?[/QUOTE]
I'd rather they have the ability to do it than not to do it.
[QUOTE=Lonestriper;40590616]Why the hell do US states have the ability to do this?[/QUOTE]It's because of state's rights, right? Would something like this even be possible to come into effect, even if it's a felony to enforce, could they still do it?
Wouldn't this basically function the same was as pot legalization in states? A state officer wouldn't be able to arrest or charge anyone, but a fed officer could. Federal Officers (US Marshal, FBI) aren't bound by state jurisdiction.
If this does pass, expect a lot of Federal officers in Missouri.
States do not have the rights to nullify federal law only the courts do.
But if this does pass it will probably be sent up the courts to be disputed.
[QUOTE=chaoselite;40590664]States do not have the rights to nullify federal law only the courts do.
But if this does pass it will probably be sent up the courts to be disputed.[/QUOTE]
Then why is pot legal in some states?
[QUOTE=T2L_Goose;40590670]Then why is pot legal in some states?[/QUOTE]
it is decriminalized.
[QUOTE=Lonestriper;40590616]Why the hell do US states have the ability to do this?[/QUOTE]
They don't, sadly.
Missouri could completely pass the law and everything, but if the BATF found some dude with a satchel full of unregistered machine guns they would arrest and detain him no matter what the state law was. If the state tried to defend it, it would eventually be taken up to the supreme court where the justices would rule in favor of federal law and the bill would be deemed illegal and the defendant would be charged with a felony.
Everyone knows this, if they pass the law no FFL is going to start selling unregistered machine guns and SBRs out of his storefront. They would have to be produced in-state anyways, so if the above scenario were to occur it'd probably be some machinist with a bit too much optimism churning out blowback 9mm SMGs in his shop.
[QUOTE=T2L_Goose;40590670]Then why is pot legal in some states?[/QUOTE]
Not really legal, just decriminalized.
Federally, it's still illegal.
Also I'm not seeing anywhere that it says it's a class D Felony to enforce the federal regulations. It says it's a misdemeanor, but not a felony.
please please PLEASE let a law like this come to arizona
i wanna start making stens
[QUOTE=chaoselite;40590677]it is decriminalized.[/QUOTE]
Well, okay, you know what I mean. My point is what would make this different from pot decriminalization? (and don't tell me it has to do with guns and not pot)
[QUOTE=T2L_Goose;40590716]Well, okay, you know what I mean. My point is what would make this different from pot decriminalization? (and don't tell me it has to do with guns and not pot)[/QUOTE]
Well, it kinda does. I mean, without any gun control laws any nut or criminal could get their hands on any kind of gun.
One has more to do with public safety. I don't see headlines of people being beaten to death by a blunt (that would be hilarious though)
-snip-
Isn't this illegal for them to do, since the federal govt is still higher up on the command line than them?
[QUOTE=T2L_Goose;40590705]Also I'm not seeing anywhere that it says it's a class D Felony to enforce the federal regulations. It says it's a misdemeanor, but not a felony.[/QUOTE]
From what I understand it was declared a Class D on another act which was related to this, must of been rewritten. Either way though, misdemeanor is bad enough really.
[QUOTE=Redswandir;40590749]Well, it kinda does. I mean, without any gun control laws any nut or criminal could get their hands on any kind of gun.
One has more to do with public safety. I don't see headlines of people being beaten to death by a blunt (that would be hilarious though)[/QUOTE]
What I'm asking is if it's illegal for a state to do something like this, why is pot decriminalized in certain states?
I'm asking about how the law works. Pot itself is irrelevant.
Some of the gun laws are stupid (922r, Banning guns from importation, ect), but some of them need to be in effect.
Good luck keeping that if passed
[QUOTE=T2L_Goose;40590830]What I'm asking is if it's illegal for a state to do something like this, why is pot decriminalized in certain states?
I'm asking about how the law works. Pot itself is irrelevant.[/QUOTE]
Because the federal government said so, basically.
[QUOTE=T2L_Goose;40590830]What I'm asking is if it's illegal for a state to do something like this, why is pot decriminalized in certain states?
I'm asking about how the law works. Pot itself is irrelevant.[/QUOTE]
Because they only deal with state laws, this deals with federal.
The state can say they chose not to enforce federal laws (in which case the federal government still enforces them, like the DEA raiding shops in California vs. the police), while this law tries to make it illegal for the federal government to enforce the (very weak) gun control laws.
[QUOTE=T2L_Goose;40590830]What I'm asking is if it's illegal for a state to do something like this, why is pot decriminalized in certain states?
I'm asking about how the law works. Pot itself is irrelevant.[/QUOTE]
States can decriminalize marijuana, but marijuana is still illegal on the federal level. The reason that the feds aren't doing much about it is because of the disproportionate cost of a legal battle with the states for no real gains.
States can write legislation and pass laws that nullify federal laws, but its ultimately up to the federal government whether it will fly or not. For insignificant things like marijuana legalization, the federal government isn't going to do much about it.
But for more serious things like gun control and Obamacare, the federal government will usually step in and force the state to comply by usually reducing or cutting funding to things like public infrastructure (roads, rails, education, etc.) until the state breaks under pressure. Though this only works on states heavily reliant on government funding. States that have financial autonomy like Texas could fight the federal government and win, although at a huge cost.
[QUOTE=chaoselite;40590677]it is decriminalized.[/QUOTE]
no it's not. in washington and colorado it is fully legalized.
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