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Tag Archives: Brian Nieves

26th Senate District: not particularly surprising

14 Friday Mar 2014

Posted by Michael Bersin in Uncategorized

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2012, 26th Senate District, Brian Nieves, David Schatz, missouri, Timothy Jones

Senator Brian Nieves (r) has withdrawn his candidacy in the 26th Senate District.

Pass the popcorn.

Today, via the Missouri Secretary of State:

Removed Candidates

Office Candidate Reason Removal Date

State Senator – District 26 Brian Nieves (Republican) WASHINGTON MO 63090 Withdrawn 3/13/2014 1:18 PM

[emphasis added]

Now we just wait to see if there’s a primary.

Previously:

26th Senate District: As if there’s any difference? (February 26, 2014)

Campaign Finance: a really serious commitment (March 2, 2014)

Campaign Finance: laughing all the way to the bank (March 3, 2014)

26th Senate District: pass the popcorn (March 8, 2014)

Campaign Finance: Still laughing? (March 9, 2014)

Campaign Finance: Running for something? (March 11, 2014)

Some reviews are in:

Sean Nicholson ‏@ssnich

He will not be missed. http://moleggifs.tumblr.com/po… … #moleg 2:37 PM – 13 Mar 2014

Sarah Martin ‏@SarahWMartin

@ssnich you need to Use caps for NO reason. 2:44 PM – 13 Mar 2014

Aaron Malin ‏@MalinAaron

See ya, @briannieves. #moleg 2:08 PM – 13 Mar 2014

Sarah Felts ‏@sarahfelts

[*]pops popcorn[*] MT @eyokley: New: Sen. @briannieves withdrawn from Senate reelection race, clearing way for @SpeakerTimJones to enter. #MOLeg 1:26 PM – 13 Mar 2014

Have popcorn, will pop it.

Campaign Finance: Running for something?

11 Tuesday Mar 2014

Posted by Michael Bersin in Uncategorized

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26th Senate District, Brian Nieves, campaign finance, David Schatz, missouri, Timothy Jones

Speaker Tim Jones (r) is term limited out of the House after this year. Senator Brian Nieves (r) has sort of endorsed Representative Jones as his replacement if need be, not that Representative Jones has tipped his hand. Representative David Schatz (r) has other ideas.

Today, at the Missouri Ethics Commission:

C051087 03/11/2014 MISSOURIANS FOR TIM JONES August Busch III 1 Mid Rivers Mall Drive Saint Peters MO 63376 Retired 3/10/2014 $7,500.00

[emphasis added]

From the last campaign finance report.

C051087: Missourians For Tim Jones

Po Box 434 Committee Type: Candidate

Eureka Mo 63025 Party Affiliation: Republican

[….] Established Date: 04/01/2005

  Termination Date:

Information Reported On: 2014 – January Quarterly Report

Beginning Money on Hand $741,492.27

Monetary Receipts + $255,147.62

Monetary Expenditures – $81,465.47

Contributions Made – $6,955.00

Other Disbursements – $0.00

Subtotal     $166,727.15

Ending Money On Hand   $908,219.42

[emphasis added]

That’s an awful lot of money to be doing nothing.

Pass the popcorn.

Previously:

26th Senate District: As if there’s any difference? (February 26, 2014)

Campaign Finance: a really serious commitment (March 2, 2014)

Campaign Finance: laughing all the way to the bank (March 3, 2014)

26th Senate District: pass the popcorn (March 8, 2014)

Campaign Finance: Still laughing? (March 9, 2014)  

Campaign Finance: Still laughing?

10 Monday Mar 2014

Posted by Michael Bersin in Uncategorized

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26th Senate District, Brian Nieves, campaign finance, David Schatz, missouri, Missouri Ethics Commission

While one republican candidate in in the 26th Senate District race appears to be more interested in junior high school drama, another just keeps raising money.

Today, at the Missouri Ethics Commission:

C091299 03/09/2014 CITIZENS FOR SCHATZ Jim Trenary Chevrolet 501 Auto Mall Dr. Ofallon MO 63368 3/7/2014 $5,000.01

C091299 03/09/2014 CITIZENS FOR SCHATZ John Hewkin 1402 Hyw AF Sullivan MO 63080 Pharmacist 3/8/2014 $5,001.00

C091299 03/09/2014 CITIZENS FOR SCHATZ Biermann & Turntine Properties 196 HWY FF Sullivan MO 63080 3/7/2014 $5,010.00

C091299 03/09/2014 CITIZENS FOR SCHATZ Martz & Wilson LLP 543 Hanley Industrial Ct Suite 100 Brentwood MO 63144 3/7/2009 $5,100.00

C091299 03/09/2014 CITIZENS FOR SCHATZ Midwest Petroleum 6760 Southwest Ave St Louis MO 63143 3/7/2014 $5,000.01

[emphasis added]

That was some Friday campaign contribution dump.

Previously:

26th Senate District: As if there’s any difference? (February 26, 2014)

Campaign Finance: a really serious commitment (March 2, 2014)

Campaign Finance: laughing all the way to the bank (March 3, 2014)

26th Senate District: pass the popcorn (March 8, 2014)  

26th Senate District: pass the popcorn

09 Sunday Mar 2014

Posted by Michael Bersin in Uncategorized

≈ 1 Comment

Tags

2014, 26th Senate District, Brian Nieves, David Schatz, missouri, Timothy Jones

Today, from Senator Brian Nieves (r), via Facebook:

Brian Nieves

6 hours ago

To my friend Tim Jones,

This is what I want people to know about my decision, our friendship, and what I hope for your future! Please feel free to make copies of this and hand them out….

Dear Friends of the 26th,

First of all let me thank you for always supporting “The Right Side of the Republican Party” in Franklin and Western St. Louis Counties! Secondly I’d like to thank you for having always offered such heart felt support and grass roots effort to move our objectives forward and position my campaigns to win.

For some time now I’ve been contemplating whether or not to seek reelection to the Missouri Senate. As you can imagine, I’ve invested many hours praying, talking to Julie, and discussing it with my kids. This decision has proven to be the most difficult one I’ve ever had to make and I pray each of you will support me moving forward in much the same way you have in the past.

Some of you were with us twelve years ago when we formed a coalition of Conservatives who believed, against all odds, that we could get a guy like me, a relatively unknown Navy Veteran and business owner, elected to the Missouri House. We were the laughing stock of the political scene and NONE of the political establishment thought we had a chance! How exhilarating it was, and continues to be, to be a part of something so exciting! As you know, we WON! We not only won, we won BIG! Our Team of Conservatives helped usher in a real change to the political atmosphere. When we decided to tackle a senate run, the “establishment” once again said we’d never win but WE did! These have been, by far, the most exciting twelve years of my life and I thank you for allowing me to be a part of this conservative ground swell. It is people like YOU who inspire me to Fight Fiercely and never give up. Because of people like you, and the way you inspire me, I assure you I’ll never leave the fight! I may fight from a different place or in a different way but I’ll never leave the fight.

While these twelve years have been a Blessing as well as exciting, rewarding, and fulfilling, they’ve also been very taxing on my family. My three children are Champions and have figured out how to make it without Dad being around for the majority of their last twelve school years. They’ve endured me missing recitals, ball games, concerts, and teacher conferences. My family is 100% behind me in whatever decision I make and I love them for that. We, as a family, feel it may very well be time for me to find a way to fight the battle in a way that doesn’t require my wife to be sort of like a “single Mom” for five months out of the year, and doesn’t require my kids to automatically know that Dad just isn’t gonna be able to make that special event that occurs between January and June of each year. Maybe it’s time for me to serve in a different capacity. I’m proud to have dedicated twenty two years of my life to serving – Ten years active duty Navy and twelve years in our legislature! I can’t see myself ever terminating my service and dedication to our Constitutions but it may be time for me to do it in a different way. Perhaps in the private sector through my Leadership Development Business and/or in some local public office, but one thing is sure… I will remain “In Service!” Just closer to home!

History… Twelve years ago I began a personal friendship with Tim Jones. We instantly hit it off in terms of political opinion, comedy, talk radio and many other things that two guys base a friendship on. We have enjoyed a friendship that, unlike most relationships connected by politics, has gotten stronger and more principally meaningful over the years. I typically become LESS interested in friendships involving people in politics as I get to know them. Tim is an exception because time has caused me to have an even higher regard for him! Tim, like anybody else who knows me well, has heard me say a million times that I don’t want to be in Jeff City forever and was one of the first people to have heard me say “I’m thinking about getting out.” I don’t remember how long ago or how many times he heard me say that but it was long ago and many! He was, of course, a natural choice, as a friend, for me to reach out to when I started to realize the timing may not be good for me to seek reelection and he was, as he is today, gentleman enough to assure me he would NEVER run against me and would support which ever decision I would ultimately make.

Some time ago there began to be whisper campaigns and rumors started by political operatives and perhaps the same old “establishment” that has always fought me. They noticed I wasn’t raising money or campaigning and started rumors that would suggest I was about to be given a lucrative political appointment by our democrat governor! They whispered that I would run for reelection, win, and then drop out allowing the central committee to pick my replacement. They told people I was going to become a lobbyist and on and on and on, just like they always have! These rumors and whisper campaigns were all FALSE! They tried to find someone to run against me and unfortunately we now see that someone has! We may never know what role, if any, these political hacks played in the decision made by a local representative to run against me and I pray it was not that same old “committee of they” who caused this challenge to my incumbency. What I do know is this… Tim Jones, a True Blue Conservative, a man with whom I have been friends for twelve years, has been a complete and total gentleman and has shown extreme deference to whatever decision I make while also showing my family the kind of respect we can admire! Tim Jones has made it perfectly clear, both personally and publicly that he will NOT run if I seek reelection and I appreciate that more than I can explain. Tim knows, as do others, that I’ve been at a huge fork in the road and that my desire to be closer to home and fight the fight for liberty in a new way may very well cause me to leave the senate. His understanding and willingness to support my decision and patiently await that decision is appreciated.

I will announce my final decision before our scheduled Franklin County Lincoln Days. When I was asked by my current primary opponent about when I would decide, I promised it would be well in advance of the close of filing so that he or anybody else would have the opportunity to file in the 26th. Unfortunately we now know that allowing me to decide was not in the cards and he filed to run against me! We now find ourselves answering questions like “why would somebody file AGAINST our well known, conservative senator?” So, I now have to watch my wife and kids get the kind of controversial, unwanted attention they did NOT sign up for and would have easily been avoided if everyone in politics simply would have offered my family the kind of respect shown by my friend Tim Jones.

Prior to Lincoln Days I will make my announcement but please know this…. If I take my name off the ballot I will give my FULL, Un-throttled support to the man that has treated me and my family with honor and respect – a man who is a True Blue Conservative and Activist, a man who has been a great friend, a man who did NOT support an 8 Billion Dollar Road Tax Hike, the largest tax increase in our state’s history, like my current opponent did, a man who has not been the chief sponsor of legislation requiring you to be treated like a criminal when buying Sudafed as my current opponent has, a man who’s voting record is extremely reflective of my own. A man who joined me regularly on my ultra conservative radio show, The Patriot Enclave, during the years I hosted it. A man who demonstrated to the world, back in 1994, long before starting in politics, where he stands on State Sovereignty by submitting a thesis on Printz v. United States. A man who served at the tip of the spear in the fight against Obama Care when he became, with me, a member of the legislative foursome who became affectionately known as “The Healthcare Freedom Act Quartet” and championed the first anti Obama care legislation enacted in the country! A man who’s long time, well established, conservative credentials make him the obvious choice, and a man who I hope to one day call governor but for now will just call him Tim Jones!

Please pray for me and especially my family as we finalize a difficult and weighty announcement. After twenty two years of service and the corresponding sacrifices made by my family, it’s time for me to put family at the top of the pecking order. I’m less than a week from announcing my FINAL decision and when I do…. Well, I just hope you’ll allow Tim Jones to become your next senator!

Sincerely,

-Brian

Isn’t this the plot of a Wagnerian opera cycle? Just asking.

Seriously, pass the popcorn.

Previously:

26th Senate District: As if there’s any difference? (February 26, 2014)

Campaign Finance: a really serious commitment (March 2, 2014)

Campaign Finance: laughing all the way to the bank (March 3, 2014)

Campaign Finance: laughing all the way to the bank

04 Tuesday Mar 2014

Posted by Michael Bersin in Uncategorized

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26th Senate District, Brian Nieves, campaign finance, David Schatz, missouri, Missouri Ethics Commission

More campaign money has come in for Representative David Schatz’s (r) primary challenge to incumbent Senator Brian Nieves (r).

Previously:

26th Senate District: As if there’s any difference? (February 26, 2014)

Campaign Finance: a really serious commitment (March 2, 2014)

Today, at the Missouri Ethics Commission:

C091299 03/03/2014 CITIZENS FOR SCHATZ Hometown Management Group LLC 6154 Hwy AC Leslie MO 63056 3/3/2014 $5,000.01

C091299 03/03/2014 CITIZENS FOR SCHATZ St.Charles Insurance 4600 Executive Center Pkwy Suite D St Peters MO 63376 3/3/2014 $5,250.00

[emphasis added]

Who’s laughing now?

Pass the popcorn.

Campaign Finance: a really serious commitment

03 Monday Mar 2014

Posted by Michael Bersin in Uncategorized

≈ 3 Comments

Tags

26th Senate District, Brian Nieves, campaign finance, David Schatz, missouri, Missouri Ethics Commission

Previously: 26th Senate District: As if there’s any difference? (February 26, 2014)

It appears that Senator Brian Nieves (r) has drawn a primary. At 4:03 p.m. yesterday Representative Dave Schatz (r), who was first elected in the 61st Legislative District in 2010 (and not yet subject to term limits), filed as a candidate in the 26th Senate District, challenging Senator Nieves (r) in the primary….

….As if there’s any substantive difference between the two?

Today, at the Missouri Ethics Commission:

091299 03/02/2014 CITIZENS FOR SCHATZ Peterson Oil Company 200 W. Euclid Sullivan MO 63080 2/28/2014 $10,000.00

C091299 03/02/2014 CITIZENS FOR SCHATZ Shirley Schatz 7518 Lillys Ln. Villa Ridge MO 63089 self-employed 2/28/2014 $20,000.00

C091299 03/02/2014 CITIZENS FOR SCHATZ Donald Schaefer 115 Elm Spring Hills Dr. Sullivan MO 63080 Peterson Oil Company 2/28/2014 $5,100.00

C091299 03/02/2014 CITIZENS FOR SCHATZ Don Peterson P.O. Box 671 Sullivan MO 63080 Peterson Oil Company 2/28/2014 $5,000.01

C091299 03/02/2014 CITIZENS FOR SCHATZ Dave Schatz 700 Schatz Ln. Sullivan MO 63080 Schatz Underground Inc. V.P. 3/1/2014 $250,000.00

[emphasis added]

A quarter of a million dollars – now that’s a really serious commitment.

This is going to be a very interesting republican primary to watch. Pass the popcorn.

26th Senate District: As if there’s any difference?

26 Wednesday Feb 2014

Posted by Michael Bersin in Uncategorized

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26th Senate District, 61st Legislative District, Brian Nieves, Dave Schatz, missouri

It appears that Senator Brian Nieves (r) has drawn a primary. At 4:03 p.m. yesterday Representative Dave Schatz (r), who was first elected in the 61st Legislative District in 2010 (and not yet subject to term limits), filed as a candidate in the 26th Senate District, challenging Senator Nieves (r) in the primary.

Via the Missouri Secretary of State:

It interesting to note that ten minutes after Representative Schatz (r) filed for the Senate Justin Alfermann filed to replace Schatz as a republican candidate in the 61st Legislative District at 4:13 p.m.:

It’s all in the timing.

Representative Schatz (r) does not have a particularly low key legislative agenda (for the current session):

HB1093 Lant, Bill Schatz, Dave HB 1093 1/9/2014 Referred: Workforce Development and Workplace Safety

4567H.01I – Requires authorization for certain labor unions to use dues and fees to make political contributions and requires consent for withholding earnings from paychecks

HB1094 Lant, Bill Schatz, Dave HB 1094 1/9/2014 Referred: Workforce Development and Workplace Safety

4569H.01I – Specifies that no person as a condition or continuation of employment can be required to engage in or cease engaging in specified labor organization practices

HB1095 Lant, Bill Schatz, Dave HB 1095 1/9/2014 Referred: Workforce Development and Workplace Safety

4568H.01I – Specifies that no person as a condition or continuation of employment can be required to engage in or cease engaging in specified labor organization practices

HB1148 Hicks, Ron Schatz, Dave HB 1148 1/9/2014 Referred: Health Care Policy

4185H.01I – Requires an ultrasound to be conducted and reviewed with the pregnant woman prior to the 24-hour waiting period for an abortion

HB1478 Swan, Kathryn Schatz, Dave HB 1478 1/22/2014 Referred: Health Care Policy

5105H.02I – Changes the laws regarding the protection of women’s health care

HJR43 Lant, Bill Schatz, Dave HJR 43 1/9/2014 Referred: Workforce Development and Workplace Safety

4448H.01I – Proposes a constitutional amendment to prohibit public labor organizations from withholding sums from the earning of public employees for the payment of dues or fees without consent

HJR44 Lant, Bill Schatz, Dave HJR 44 1/9/2014 Referred: Workforce Development and Workplace Safety

4451H.01I – Proposes a constitutional amendment to prohibit employers from requiring persons to become members of a private labor organization as a condition of employment

HJR55 Hicks, Ron Schatz, Dave HJR 55 1/28/2014 Public Hearing Completed (H)

4677L.01I – Proposes a constitutional amendment protecting a citizen’s right to hunt, fish, and harvest wildlife and the use of traditional devices and methods to exercise the right

From 2013:

HB872 Schatz, Dave Kolkmeyer, Glen HB 872 4/23/2013 Public Hearing Completed (H)

2052L.01I – Removes the renewal requirements for concealed carry endorsements making them valid for life if not suspended or revoked

HB77 Burlison, Eric Schatz, Dave HCS HBs 77, 91 & 95 5/9/2013 Rules – Reported Do Pass (H)

0370H.05C – Specifies that no person as a condition or continuation of employment can be required to engage in or cease engaging in specified labor organization practices

HB350 Frederick, Keith Schatz, Dave HCS HB 350 4/24/2013 Rules – Reported Do Pass (H)

1071L.02C – Prohibits the publication of any identifying information of firearm owners and prohibits health care professionals from being required to inquire, document, or disclose a patient’s status as a firearm owner

HB378 Kelley, Mike Schatz, Dave HB 378 2/27/2013 Referred: Health Care Policy

1222L.01I – Prohibits a licensed pharmacy from being required to carry or maintain in inventory any specific prescription or nonprescription drug or device

HB386 McCaherty, John Schatz, Dave HB 386 3/13/2013 Voted Do Pass (H)

1187H.01I – Establishes the Abortion Ban for Sex Selection and Genetic Abnormalities Act of 2013 to prohibit an abortion solely due to the sex of the unborn child or a genetic abnormality diagnosis

HB400 Riddle, Jeanie Schatz, Dave HB 400 7/12/2013 Gov Took no Action, Sent to Sec of State/Article 3 Sec 31(H)

0839L.01T – Establishes requirements for the administration of RU-486 or any other abortion-inducing drug or chemical

From 2012:

HB1512 Curtman, Paul Schatz, Dave HB 1512 5/1/2012 Public Hearing Held (S)

5396L.01P – Establishes the Civil Liberties Defense Act which specifies how courts may rule in contractual disputes involving the laws of other countries and in jurisdictional issues involving other countries

HB1637 Curtman, Paul Schatz, Dave SCS HCS HB 1637 5/16/2012 Placed on Informal Calendar

5143S.06C – Establishes the Missouri Sound Money Act of 2012 which changes the laws regarding legal tender

HB1747 Wells, Don Schatz, Dave HB 1747 3/5/2012 Public Hearing Completed (H)

5867H.01I – Changes the laws regarding weapons

HB1933 McCaherty, John Schatz, Dave HB 1933 5/2/2012 Public Hearing Completed (H)

5798L.02I – Establishes the Abortion Ban for Sex Selection and Genetic Abnormalities Act of 2012 to prohibit an abortion solely due to the sex of the unborn child or a genetic abnormality diagnosis

HB2051 Cookson, Steve Schatz, Dave HB 2051 4/18/2012 Referred: Elementary and Secondary Education (H)

6277L.02I – Prohibits the discussion of sexual orientation in public school instruction, material, or extracurricular activity except in scientific instruction on human reproduction

HCR9 Curtman, Paul Schatz, Dave HCR 9 2/20/2012 Public Hearing Completed (H)

4379L.02I – Urges the United States Congress to pass the Federal Reserve Transparency Act to require a complete audit of the Federal Reserve

HJR49 Brattin, Rick Schatz, Dave HJR 49 4/30/2012 Public Hearing Held (S)

4422L.01P – Proposes a constitutional amendment specifying that the right of every citizen to possess or purchase ammunition and articles for the proper functioning of arms must not be infringed or limited

HJR64 Curtman, Paul Schatz, Dave HCS HJR 64 5/9/2012 Rules – Reported Do Pass (H)

4479L.02C – Proposes a constitutional amendment prohibiting any person, employer, or health care provider from being compelled to participate in any health care system

HJR72 Bahr, Kurt Schatz, Dave HJR 72 3/22/2012 Referred: General Laws (H)

5301L.01I – Proposes a constitutional amendment specifying that each citizen has an inherent liberty that includes being able to make decisions regarding lawful health care-related services or products

Gee, this stuff looks familiar.

As if there’s any substantive difference between the two?

Trouble in right wingnut paradise?

16 Sunday Feb 2014

Posted by Michael Bersin in Uncategorized

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Brian Nieves, facebook, General Assembly, guns, missouri, NRA, right wingnuts, SB 613

Previously:

Ladies and gentlemen, your right wingnut controlled General Assembly – again (December 9, 2013)

Thanks to Brian Nieves and his pal Doug Funderbunk Missouri is still a laughingstock (January 21, 2014)

Here we go again… (January 22, 2014)

SB 613: The NRA was for it before they were against it? (February 12, 2014)

Via Senator Brian Nieves’ (r) Facebook page:

Brian Nieves shared a link.

3 hours ago

This may be the strangest, most unexpected email I’ve ever written but I believe YOU deserve the truth…. Ladies & Gentlemen, the NRA is using the same inappropriate, dishonest, and disgusting tactics we only expect from the left!! They are attacking Senate Bill 613, Missouri’s Second Amendment Preservation Act, based on LIES! They are reporting that an amendment was placed on the bill that was not. At first I gave them the benefit of the doubt, assuming they’d simply made an error but they’ve now put out another alert that contains some of the same LIES!! Senate Bill 613 is still in process and it has had a couple amendments placed on it BUT there is NOT an amendment on the bill, nor will there ever be, that does what the NRA is reporting. The second amendment preservation act (SB613) is arguably the most powerful piece of gun legislation in the country and it MUST pass. Why in the world the NRA would be opposing it is beyond my ability to reason but it’s time for them to stand down and start helping. There is an amendment that talks about Stolen Guns and has No Penalty, No Fine and only pertains to firearms that a person is aware of having been stolen. This amendment does NOT pertain to lost firearms and has no wording that involves “should have known” stuff! The amendment also effects what is known as the severable clause and when it’s all said and done, the amendment will be REMOVED. I am completely open to the idea of the NRA, or any other group, addressing concerns that are accurate and true but to see such a respected organization resort to LIES and Distortions is very diss-heartening to say the least. As I said, the bill is still a Long Way from being finished AND the amendment the NRA doesn’t like will be removed. I just can’t stand to see them out & out, LIE about the bill/amendment. Are you an NRA member? Call them and ask them to move back in the direction of credibility and respect by retracting what they’ve said about this bill/amendment and moving forward with truth instead of acting like the liberal left and resorting to lies and distortion. You can read the bill in it’s full, current, form by searching for SB613 at http://www.senate.mo.gov/nieves you can even watch my press conference on this subject.

It would be funny if a significant number of non-members contacted the NRA and encouraged them to keep opposing the bill.

Meanwhile, it’s movie night at the casa:

…Guy’s a clod. Promises were made, gifts exchanged…

Pass the popcorn.

SB 613: The NRA was for it before they were against it?

12 Wednesday Feb 2014

Posted by Michael Bersin in Uncategorized

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Brian Nieves, General Assembly, guns, Jamilah Nasheed, missouri, NRA, nullification, SB 613

Previously:

Ladies and gentlemen, your right wingnut controlled General Assembly – again (December 9, 2013)

Thanks to Brian Nieves and his pal Doug Funderbunk Missouri is still a laughingstock (January 21, 2014)

Here we go again… (January 22, 2014)

From the National Rifle Association:

Missouri: De-facto Gun Owner Registry Legislation Moving In Missouri Senate! Call Your Senators NOW!

Posted on February 12, 2014

Last night, during debate on Senate Bill 613, anti-gun Senator Jamilah Nasheed (D-5) was able to attach an anti-gun provision to SB 613.  As previously reported, this anti-gun language was introduced as legislation in January that was originally contained in Senate Bill 556 and Senate Bill 565, both sponsored by Senator Nasheed.  This modified anti-gun language would require every person to report the theft of a firearm they possess to a local law enforcement agency.  Any missing firearm must be reported within 72 hours of the time he or she knew or “reasonably should have known” that the firearm had been stolen.

[….]

Your NRA-ILA has opposed this anti-gun legislation nationally for years.  It seeks to create a de-facto gun owner registry as well as place unknown civil liabilities on the gun owner.  Law-abiding gun owners should not be made a victim twice.

Action on this legislation is expected IMMEDIATELY in the Missouri Senate.

Please call your state Senator NOW and urge them to vote “NO” on SB 613.  Contact information for your state Senator can be found here or below.

[….]

No, that’s not an article from the Onion.

From the February 11, 2014 Journal of the Senate:

Journal of the Senate [pdf] 254

Senator Nasheed offered SA 5, which was read:

SENATE AMENDMENT NO. 5

Amend Senate Committee Substitute for Senate Bill No. 613, Page 32, Section 1, Line 6, by inserting immediately after said line the following:

“Section 2. Upon becoming aware that a firearm has been stolen, a person shall have seventy-two hours to report such theft.

Section B. If any provision of section A of this act or the application thereof to anyone or to any circumstances is held invalid, the remainder of those sections and the application of such provisions to others or other circumstances shall not be affected thereby.”; and

Further amend said bill and page, section B, line 1, by striking “B.” and inserting in lieu thereof the following: “C.”; and

Further amend the title and enacting clause accordingly.

Senator Nasheed moved that the above amendment be adopted.

[….]

[emphasis in original]

The Twitterverse is all abuzz with requests to pass the popcorn:

Yael T. Abouhalkah ‏@YaelTAbouhalkah NRA now OPPOSES pro-gun bill in MO after anti-gun Democrat outwits pro-gun lawmakers. (Got it?) [….] 3:40 PM – 12 Feb 2014

Tony Messenger ‏@tonymess

Proving again that the #moleg is broken, the NRA is now opposing @briannieves unconstitutional nullification bill. [….] 3:39 PM – 12 Feb 2014

Yael T. Abouhalkah ‏@YaelTAbouhalkah

@tonymess @briannieves So pro-gun bill could be sunk by pro-gun NRA angered by anti-gun @SenatorNasheed? Or, will GOP “stand up” to NRA? 3:46 PM – 12 Feb 2014

Tony Messenger ‏@tonymess

Note to #moleg: When passing a fake bill that is never intended to become law, it helps to not attach actual amendments that do things. 3:46 PM – 12 Feb 2014

Sean Nicholson ‏@ssnich

@tonymess @briannieves But not because it’s unconstitutional or seeks to jail federal law enforcement folks 3:47 PM – 12 Feb 2014

Really, pass the popcorn.

Here we go again…

22 Wednesday Jan 2014

Posted by Michael Bersin in Uncategorized

≈ 1 Comment

Tags

Brian Nieves, missouri state legislature, nullification, Second Amendment Preservation Act

By @BGinKC

You know how I say it’s hard to be from here sometimes?

Yeah, about that…it ain’t going to get easier any time soon, apparently, because the first thing the jackasses and miscreants in the GOP did was pre-file the same unconstitutional nonsense bills this year that failed last year. Hey, we all know the definition of insanity, right?

About thirty years ago, mental hospitals started shutting down. Well, all those crazy people had to go somewhere, and in Missouri, apparently, we’ve decided to put them in the state legislature. I guess the idea behind that notion was that since the lege is only in session 5 ½ months a year, and their most egregious and blatant nonsense won’t ever see the light of day because the courts will strike it down, what was the harm? They were localized and monitored and it seemed a workable solution for a while.

But lately, I’ve been getting a queasy feeling about the miscreants in the Missouri legislature…like maybe they really are representative of the people who elect them, and if that’s the case, what the hell happened to my state while we were bouncing from billet-to-billet assuring y’all could sleep soundly in your beds at night?

But Brian Nieves – you may remember him from some of his past hits, like brandishing a gun at the legislative aid of an opponent or dreweling upon a constituents assembled arsenal…He manages to stand out in the crowd.

Now look – I realize we live in an era of crazier-than-thou republicanism, but even by today’s in-panoramic-technicolor, tea-party idiots in made-in-China-from-synthetic-fibers period costumes, Missouri’s state lege stands out. There is only one constraint on them – term limits – and under the circumstances, they don’t mean much. It just means that they are really motivated to get in the good graces of the money folks in the short time they have there. That way they can move from their gig as a legislator to a sinecure at a partisan, special-interest law or public relations firm, maybe even become a lobbyist. They sure as hell don’t want to go back to Sikeston or Llamar or Bethany or any of those other god-forsaken hellholes they got elected to get the hell out of.

And I have to hand it to Nieves. He’s really made a name for himself. In the wingnut sweepstakes, he’s really set himself apart. The state was spared the expense of defending an unconstitutional firearms nullification law last year when the House failed to override the Governor’s veto of last year’s model. Well, the gun lobby is back. This year they have already filed the Second Amendment Reinterpretation Act –  what’s that? I got the name wrong? It’s actually The Second Amendment Preservation Act? To paraphrase Inigo Montoya, “That word, they keep using that word but I do not think it means what they think it means.” In other words, I think my name for this nonsense is more accurate.

This law is not identical in wording to last year’s run at this particular windmill, but the spirit’s the same. Nieves and company aren’t conservatives and they are an insult to true Republicans.  They are neoconfederate revanchists. This fact needs to be pointed out, frequently and loudly, and they need to be brought to heel.

They call themselves “Constitutional Conservatives.” Fine. Let’s start there. Hell, I’ll even go ’em one better and start with the Holy Second Amendment:

 “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

What part of “well regulated” lets them ignore federal laws? Since they all carry their pocket Constitutions with them everywhere they go (so do I – the ACLU gives them away for free; the difference is, I have read mine…all of it…I’ve not just read it, but I understand it, too). Since they claim they’re strict “Constitutional Conservatives” I would ask them to turn to 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.

That first bit just means the founders were men of honor who intended to pay the country’s debts, no matter what the operator’s manual was called. But the rest of it…that means that not only does the federal law reign supreme and therefore it ain’t a gray area that’s open for debate; it means that state laws are subsequent to the US Constitution and the US CODE.

But more than that, Nieves and all legislators are bound by Article VI of the US Constitution not to willfully and blatantly make unconstitutional law, and by filing that bill, he and all the cosponsors who signed on to it are in violation of an article, not a mere amendment, because the oath they take as legislators binds them to uphold the US Constitution.

Besides, we already settled that whole question of nullification back in the 1860s – and it didn’t go particularly well for the nullifiers.  

What this bill is, is a thumb in the eye of the city-folk in KC and St. Louis – and to a certain extent that black fella in the White House – but mostly they like spiting us. You remember us, the folks who pay the god-damned bills for the state.

I don’t begrudge rural roads, water, bridges, schools or healthcare. But god-damn, would it be too much to ask for y’all to elect sane representation who don’t want to destroy those things for you just to spite us – when we’re big enough to take care of ourselves and just shake our heads at your idiocy and go ahead and have nice things without you?

I do have an idea for an amendment to our “kitchen sink” state constitution, though, and I bet the voters would approve it with 85% of the vote. The bill for defending in court such blatantly unconstitutional, grandstanding laws that are destined to be struck down should be collected from the grandstanding legislators who filed and voted for the unconstitutional bill, not the taxpayers of the state.  

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