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What it lacks in rate of fire and accuracy it makes up for in ammo flexibility.

Yet another right wingnut federal nullification gun bill, this one introduced last Thursday by Representative Jeff Pogue (r):

FIRST REGULAR SESSION

HOUSE BILL NO. 1341 [pdf]

98TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVE POGUE.

2527L.01I D. ADAM CRUMBLISS, Chief Clerk

AN ACT

To repeal section 1.320, RSMo, and to enact in lieu thereof eight new sections relating to theSecond Amendment preservation act.

Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Section 1.320, RSMo, is repealed and eight new sections enacted in lieu

2 thereof, to be known as sections 1.410, 1.420, 1.430, 1.440, 1.450, 1.460, 1.470, and 1.480, to read as follows:

[1.320.] 1.410. 1. Sections 1.410 to 1.480 shall be known and may be cited as the “Second Amendment Preservation Act”.

2. The general assembly finds and declares that:

(1) The general assembly of the state of Missouri is firmly resolved to support and defend the United States Constitution against every aggression, either foreign or domestic, and is duty bound to oppose every infraction of those principles which constitute the basis of the Union of the States because only a faithful observance of those principles can secure the nation’s existence and the public happiness;

(2) Acting through the United States Constitution, the people of the several states created the federal government to be their agent in the exercise of a few defined powers, while reserving to the state governments the power to legislate on matters which concern the lives, liberties, and properties of citizens in the ordinary course of affairs;

(3) The limitation of the federal government’s power is affirmed under the Tenth Amendment to the United States Constitution, which defines the total scope of federal power as being that which has been delegated by the people of the several states to the federal government, and all power not delegated to the federal government in the Constitution of the United States is reserved to the states respectively, or to the people themselves;

(4) Whenever the federal government assumes powers that the people did not grant it in the Constitution, its acts are unauthoritative, void, and of no force;

(5) The several states of the United States of America respect the proper role of the federal government, but reject the proposition that such respect requires unlimited submission. If the government, created by compact among the states, was the exclusive or final judge of the extent of the powers granted to it by the states through the Constitution, the federal government’s discretion, and not the Constitution, would necessarily become 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 for itself as to when infractions of the compact have occurred, as well as to determine 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 extend to various federal statutes, executive orders, administrative orders, court 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, executive orders, administrative orders, court orders, rules, regulations, and other actions exceed the powers granted to the federal government except to the extent they are necessary and proper for governing and regulating land and naval forces of the United States or for organizing, arming, and disciplining 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”, 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 as to what sort of arms and accessories law-abiding Missourians may buy, sell, exchange, or otherwise possess within the borders of this state;

(7) The people of the several states have also granted 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 office 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 grant unlimited powers because to do so would be to destroy the carefully constructed equilibrium between the federal and state governments. Consequently, the general assembly rejects any claim that the taxing and spending powers of Congress can be used to diminish in any way the right of the people 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 the borders of this state, subject only to the limits imposed by the Second Amendment to the United States Constitution and the Missouri Constitution; and

(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. 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.

1.420. The following federal acts, laws, executive orders, administrative orders, court orders, rules, and regulations shall be considered infringements on the people’s right to keep and bear arms, as guaranteed by the Second Amendment of the Constitution of the United States and Article I, Section 23 of the Missouri Constitution, within the borders of this state, including, but not limited to:

(1) Any tax, levy, fee, or stamp imposed on firearms, firearm accessories, or ammunition not common to all other goods and services which might reasonably be expected to create a chilling effect on the purchase or ownership of those items by law-abiding citizens;

(2) Any registering or tracking of firearms, firearm accessories, or ammunition which might reasonably be expected to create a chilling effect on the purchase or ownership of those items by law-abiding citizens;

(3) Any registering or tracking of the owners of firearms, firearm accessories, or ammunition which might reasonably be expected to create a chilling effect on the purchase or ownership of those items by law-abiding citizens;

(4) Any act forbidding the possession, ownership, or 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.

1.430. All federal acts, laws, executive orders, administrative orders, court 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.

1.440. 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 to protect these rights from the infringements defined in section 1.420.

1.450. No person, including any public officer or employee of this state or any political subdivision of this state, shall have authority to enforce or attempt to enforce any federal acts, laws, executive orders, administrative orders, court orders, rules, regulations, statutes, or ordinances, infringing on the right to keep and bear arms.

1.460. No person, including any public officer or employee of this state or any political subdivision of this state, shall have authority to enforce or attempt to enforce any federal acts, laws, executive orders, administrative orders, court orders, rules, regulations, statutes, or ordinances, infringing on the right to keep and bear arms as defined in section 1.420.

1.470. 1. Any entity or person who knowingly, as defined in section 562.016, violates section 1.450 or 1.460 or otherwise knowingly deprives a citizen of Missouri of the rights or privileges ensured by the Second Amendment of the United States Constitution or Article I, Section 23 of the Missouri Constitution, while acting under the color of any state or federal law, shall be liable to the injured party in an action at law, suit in equity, or other proper proceeding for redress.

2. In such actions, the court may award the prevailing party, other than the state of Missouri or any political subdivision of the state, reasonable attorney’s fees and costs.

3. Sovereign, official, or qualified immunity shall not be an affirmative defense in such cases.

1.480. For the purposes of sections 1.410 to 1.480, the term “law-abiding citizen” shall mean a person who is not otherwise precluded under state law from possessing a firearm and shall not be construed to include anyone who is not legally present in the United States or the state of Missouri.

[emphasis in original, bold text is new material]

Uh, that nullification thing was taken care of one hundred fifty years ago. Yeah, you and what air force?

Extra right wingnut bonus points for including tenther drivel!

“…All federal acts, laws, executive orders, administrative orders, court 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…”

Who decides? Why, that’s already been decided, a long time ago. Through over two hundred years of American history:

MARBURY v. MADISON, 5 U.S. 137 (1803)

[….]

….It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each. [5 U.S. 137, 178]   So if a law be in opposition to the constitution: if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution; or conformably to the constitution, disregarding the law: the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty….

[….]

In the United States Constitution:

Article VI

All debts contracted and engagements entered into, before the adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.

The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.

[emphasis added]

It’s also called “the supremacy clause”.

If you’re batshit crazy is that considered “not legally present” for the purposes of this legislation? Just asking.