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Section A. Section 1.320, RSMo, is repealed and eight new sections enacted in lieu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

*just another paranoid right wingnut tenther nullification gun bill

Previously: HB 436: loonier than Wayne LaPierre at a press conference (February 15, 2013)

They’re nothing, if not predictable. A bill, filed on January 15, 2013:

SECOND REGULAR SESSION

HOUSE BILL NO. 1439

97TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES FUNDERBURK (Sponsor), JONES (110), SPENCER, WALKER, COX, BROWN, MCCAHERTY, FRANKLIN, SOMMER, LOVE, BAHR, PARKINSON, GATSCHENBERGER, SCHARNHORST, ROWLAND, GOSEN, HINSON, WILSON, MESSENGER, KELLEY (127), BRATTIN, KOLKMEYER, HIGDON, POGUE, DAVIS, FLANIGAN, PIKE, DUGGER, CURTMAN, KORMAN, HANSEN, HOUGHTON, WIELAND AND BLACK (Co-sponsors).

5129L.01I          D. ADAM CRUMBLISS, Chief Clerk

AN ACT

To repeal sections 1.320, 21.750, 571.030, 571.070, 571.101, 571.107, 571.117, and 590.010, RSMo, and to enact in lieu thereof fifteen new sections relating to firearms, with penalty provisions and a contingent effective date for certain sections.

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

1.320. 1. This section 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 of land and naval forces of the United States or for 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”, 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, 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 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

[….]

3. (1) 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.

           (2) Such federal acts, laws, executive orders, administrative orders, court orders, rules, and regulations include, but are not limited to:

           (a) 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;

           (b) 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;

           (c) 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;

           (d) Any act forbidding the possession, ownership, or use or transfer of a firearm, firearm accessory, or ammunition by law-abiding citizens; and

           (e) 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 to protect these rights from the infringements defined in subsection 3 of this section.

           5. No public officer or employee of this state shall have authority to enforce or attempt to enforce any law, statute, ordinance, or order of any court infringing on the right to keep and bear arms as defined in subsection 3 of this section.

           6. (1) Any entity or person who knowingly, as defined in section 562.061, attempts to enforce any of the infringements of the right to keep and bear arms included in subsection 3 of this section or otherwise knowingly deprives a citizen of Missouri of the rights or privileges ensured by the Second Amendment of the United States Constitution or Section 23 of Article I 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 action, 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) Neither sovereign nor official or qualified immunity shall be an affirmative defense in such cases.

           7. 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. Missouri law enforcement officers shall have the discretionary power to appropriately interpose on behalf of law-abiding citizens, including the power to levy charges or arrest such officials, agents, or employees of the United States government.

           8. For the purposes of this section, 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]

Meh, just what everyone needs right now, more tenther drivel.

Previously:

HB 1163: Hey, the Feds won’t be able to regulate our stoopid if we keep it to ourselves! (December 14, 2013)

This could explain why they keep voting for the same tenther bills every session (December 14, 2013)

HB 1164: What, there’s nothing in there about fluoridation? (December 15, 2013)

Representative Chrissy Sommer (r) has created something of a cottage industry in Missouri prefiling tenther bills for the regular session. This one, on December 11, 2013:

SECOND REGULAR SESSION

HOUSE BILL NO. 1161

97TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES SOMMER (Sponsor) AND ENGLISH (Co-sponsor).

4272H.01I             D. ADAM CRUMBLISS, Chief Clerk

AN ACT

To amend chapter 21, RSMo, by adding thereto one new section relating to the joint committee on the tenth amendment.

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

           Section A. Chapter 21, RSMo, is amended by adding thereto one new section, to be known as section 21.960, to read as follows:

           21.960. 1. There is hereby established the “Joint Committee on the Tenth Amendment”, which shall:

           (1) Identify proposed federal legislation that infringes on Missouri’s state sovereignty under the Tenth Amendment to the United States Constitution;

           (2) Advise and make recommendations to the general assembly regarding any state legislation necessary to preserve the integrity and principles of the Tenth Amendment to the United States Constitution; and

           (3) Refer cases to the attorney general when the federal government takes steps that require the state or a state officer to enact or enforce a provision of federal law that lies outside Congress’s enumerated powers and intrudes on the sovereignty reserved to the states by the Tenth Amendment to the United States Constitution. The attorney general is authorized to seek appropriate relief to preserve the state’s sovereignty.

           2. The joint committee shall be comprised of six members of the senate and six members of the house of representatives. The senate members shall be appointed by the president pro temore of the senate and the house members shall be appointed by the speaker of the house of representatives. The appointment of members shall continue during their term in office as members of the general assembly or until a successor has been duly appointed to fill their place when their term of office as members of the general assembly has expired.

           3. The joint committee shall hold an annual meeting at which it shall elect from its membership a chairperson and vice chairperson. The joint committee may hold such additional meetings as may be required in the performance of its duties.

           4. The general assembly shall provide administrative support and staff as necessary for the effective operation of the joint committee from existing resources. Any expenditure of the joint committee shall be subject to appropriation.

[emphasis in original]

“…Identify proposed federal legislation that infringes on Missouri’s state sovereignty under the Tenth Amendment to the United States Constitution…”

For right wingnuts that’s all federal legislation, isn’t it? Just asking.

“…Refer cases to the attorney general when the federal government takes steps that require the state or a state officer to enact or enforce a provision of federal law that lies outside Congress’s enumerated powers and intrudes on the sovereignty reserved to the states by the Tenth Amendment to the United States Constitution. The attorney general is authorized to seek appropriate relief to preserve the state’s sovereignty…”

Uh, like the Missouri Attorney General needs a joint legislative committee to decide what cases to pursue? If that’s the intent, let’s just get rid of that statewide office.

Uh, and while we’re at it, doesn’t the U.S. Supreme Court decide what’s constitutional and what isn’t? Just asking.

We started noticing this type of tenther drivel in various guises around ten years ago. There has been a lot of ink and electrons expended on the subject since.

Dangerous ‘State Sovereignty’ Myth

March 6, 2013

By Robert Parry

…Nowhere in the document [United States Constitution] is there wording about states being “independent sovereigns.” And, the words aren’t there because the Framers – the likes of George Washington and James Madison – willfully removed them, with prejudice as a court might say.

General Washington despised the concept of state sovereignty viscerally because of his experience as commander-in-chief of the Continental Army, which often suffered when states reneged on promised support. Madison saw the Articles of Confederation threatening the nation’s hard-won independence and holding back the nation’s economic growth.

As the chief architect of the Constitution, Madison gave the federal government sweeping authority over a wide variety of national matters, including commerce. He wanted to give Congress direct power over state laws but settled for federal courts having the authority to review and strike down state statutes. [….]

Yes, I know today’s Neo-Confederates make much of the Tenth Amendment, which asserts that “the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

But the Right’s historical revisionists miss the key point here. The Constitution already had granted broad powers to the federal government so the states were left largely with powers over local matters – and even those actions could be struck down if they were found to violate federal law.

To further appreciate how modest the Tenth Amendment is, you must compare its wording with Article II of the Articles of Confederation, which is what it replaced. Article II stated that “each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated.” In other words, the power relationship between the states and the federal government had been flipped.

Still, today’s Neo-Confederates make mischief with the inconsequential Tenth Amendment, transforming it into some grand governing principle when it was just a rhetorical sop to the Anti-Federalists, who fiercely opposed the Constitution because they recognized what it was, a major shift of power from the states to the federal government….

Using wedge issues to pursue a hundred fifty year old grudge – welcome to America in the 21st century.

A tenther/gun bill prefiled for the regular session by Representative Chrissy Sommer (r) on December 11, 2013:

SECOND REGULAR SESSION

HOUSE BILL NO. 1164

97TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES SOMMER (Sponsor) AND ENGLISH (Co-sponsor).

4469H.01I         D. ADAM CRUMBLISS, Chief Clerk

AN ACT

To repeal section 571.030, RSMo, and to enact in lieu thereof two new sections relating to firearms, with a penalty provision.

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

           Section A. Section 571.030, RSMo, is repealed and two new sections enacted in lieu thereof, to be known as sections 21.755 and 571.030, to read as follows:

           21.755. 1. This section shall be called and may be cited as the “Missouri Firearms Freedom Act”.

           2. The general assembly declares that the authority for this section is the following:

           (1) Amendment X of the Constitution of the United States guarantees to the states and their people all powers not granted to the federal government elsewhere in the Constitution and reserves to the state and people of Missouri certain powers as they were understood at the time that Missouri was admitted to statehood. The guarantee of those powers is a matter of contract between the state and people of Missouri and the United States as of the time that the compact with the United States was agreed upon and adopted by Missouri and the United States;

           (2) Amendment IX of the Constitution of the United States guarantees to the people rights not granted in the Constitution and reserves to the people of Missouri certain rights as they were understood at the time that Missouri was admitted to statehood. The guarantee of those rights is a matter of contract between the state and people of Missouri and the United States as of the time that the compact with the United States was agreed upon and adopted by Missouri and the United States;

           (3) The regulation of intrastate commerce is vested in the states under Amendments IX and X of the Constitution of the United States, particularly if not expressly preempted by federal law. Congress has not expressly preempted state regulation of intrastate commerce pertaining to the manufacture on an intrastate basis of firearms, firearms accessories, and ammunition;

           (4) Amendment II of the Constitution of the United States reserves to the people the right to keep and bear arms as that right was understood at the time that Missouri was admitted to statehood, and the guarantee of the right is a matter of contract between the state and people of Missouri and the United States as of the time that the compact with the United States was agreed upon and adopted by Missouri and the United States; and

           (5) Article I, section 23, Constitution of Missouri clearly secures to Missouri citizens, and prohibits government interference with, the right of individual Missouri citizens to keep and bear arms.

           3. As used in this section, unless the context otherwise requires, the following terms shall mean:

           (1) “Firearms accessories”, items that are used in conjunction with or mounted upon a firearm but are not essential to the basic function of a firearm, including but not limited to telescopic or laser sights, magazines, flash or sound suppressors, folding or aftermarket stocks and grips, speedloaders, ammunition carriers, and lights for target illumination;

           (2) “Generic and insignificant parts”, includes but is not limited to springs, screws, nuts, and pins;

           (3) “Manufactured”, creating a firearm, a firearm accessory, or ammunition from basic materials for functional usefulness, including but not limited to forging, casting, machining, or other processes for working materials.

           4. A personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in Missouri and that remains within the borders of Missouri is not subject to federal law or federal regulation, including registration, under the authority of Congress to regulate interstate commerce. It is declared by the legislature that those items have not traveled in interstate commerce. This section applies to a firearm, a firearm accessory, or ammunition that is manufactured in Missouri from basic materials and that can be manufactured without the inclusion of any significant parts imported into this state. Generic and insignificant parts that have other manufacturing or consumer product applications are not firearms, firearms accessories, or ammunition, and their importation into Missouri and incorporation into a firearm, a firearm accessory, or ammunition manufactured in Missouri does not subject the firearm, firearm accessory, or ammunition to federal regulation. It is declared by the legislature that basic materials, such as unmachined steel and unshaped wood, are not firearms, firearms accessories, or ammunition and are not subject to congressional authority to regulate firearms, firearms accessories, or ammunition under interstate commerce as if they were actually firearms, firearms accessories, or ammunition. The authority of Congress to regulate interstate commerce in basic materials does not include the authority to regulate firearms, firearms accessories, or ammunition made in Missouri from those materials. Firearms accessories that are imported into Missouri from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce because they are attached to or used in conjunction with a firearm in Missouri.

           5. The provisions of this section shall not apply to:

           (1) A firearm that cannot be carried and used by one person;

           (2) A firearm that has a bore diameter greater than one half inch and that uses smokeless powder, not black powder, as a propellant;

           (3) Ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm; or

           (4) A firearm that discharges two or more projectiles with one activation of the trigger or other firing device.

           6. A firearm manufactured or sold in Missouri under the provisions of this section shall have the words “Made in Missouri” clearly stamped on a central metallic part, such as the receiver or frame.

[….]

[emphasis in original]

Even more tenther drivel.

“….’Firearms accessories’, items that are used in conjunction with or mounted upon a firearm but are not essential to the basic function of a firearm, including but not limited to telescopic or laser sights, magazines, flash or sound suppressors, folding or aftermarket stocks and grips, speedloaders, ammunition carriers, and lights for target illumination….”

Uh, that would be silencers, right? Does any rational person think that’s a good idea?

“….Firearms accessories that are imported into Missouri from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce because they are attached to or used in conjunction with a firearm in Missouri….”

Yes, but those parts would still have the foundational taint of Federal regulatory tyranny. It just wouldn’t be the same as a totally free Missouri firearm (Don’t get excited, you’d still have to pay to own one, but you could so preferably with the tax free gold bullion you’ve acquired).

It’ll probably pass with veto proof majorities in both chambers.

Previously:

HB 162: Tenthers and guns, what could go wrong? (January 15, 2013)

HB 170: so much for “originalism” (January 16, 2013)

HB 276: Shootout at the K-12 corral? (January 27, 2013)

HB 350: “Nobody move suddenly, he’s got a duck and he knows how to use it.” (January 29, 2013)

HB 436: loonier than Wayne LaPierre at a press conference (February 5, 2013)

HB 420: when pie tins are outlawed, only outlaws will have pie tins (February 5, 2013)

Missouri General Assembly: it’s their world, the rest of us only get to live in it (February 18, 2013)

HB 633: we really never do get out of junior high school (February 18, 2013)

HB 640: the devil is always in the details (February 20, 2013)

HB 640: ballots don’t kill people, people do (February 20, 2013)

HB 754: yet another double plus ungood gun fetishist bill (March 3, 2013)

HB 818: it’s gotta be another gun bill, the republican run General Assembly is in session (March 7, 2013)

HB 859: shuffling the ammo magazines on the Titanic (March 14, 2013)

HB 872: Why not just allow people to inherit it? (March 14, 2013)

HB 1022: favoritism (April 8, 2013)

It can never cross the state line. Think about that for a minute.

A bill, prefiled by Representative Chrissy Sommer (r) on December 11th:

SECOND REGULAR SESSION

HOUSE BILL NO. 1163

97TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES SOMMER (Sponsor) AND ENGLISH (Co-sponsor).

4453H.01I         D. ADAM CRUMBLISS, Chief Clerk

AN ACT

To amend chapter 21, RSMo, by adding thereto one new section relating to states rights to limit the commerce clause from controlling goods produced or manufactured in Missouri.

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

           Section A. Chapter 21, RSMo, is amended by adding thereto one new section, to be known as section 21.950, to read as follows:

           21.950. 1. This section shall be called and may be known as the “Intrastate Commerce Act”.

           2. The general assembly declares that the authority for this section is the following:

           (1) The regulation of intrastate commerce is vested in the states under Amendments IX and X of the Constitution of the United States;

           (2) Amendment IX of the Constitution of the United States guarantees to the people rights not enumerated in the Constitution and reserves to the people those rights;

           (3) Amendment X of the Constitution of the United States codifies in law that the only powers which the federal government may exercise are those that have been delegated to it in the Constitution.

           3. As used in this section, unless the context otherwise requires, the following terms mean:

           (1) “Basic materials or parts”, raw materials physically and directly associated with the finished product in the manufacturing process;

           (2) “Goods”, all real or personal, tangible or intangible property;

           (3) “Produced”, grown, mined, extracted, or created.

           4. All goods produced or manufactured, whether commercially or privately, within the boundaries of this state that are held, maintained, or retained within the boundaries of this state shall not be deemed to have traveled in interstate commerce and shall not be subject to federal law, federal regulation, or the authority of the Congress of the United States under its constitutional power to regulate commerce. This section shall apply to goods that are manufactured within this state from basic materials or parts. The authority of the Congress of the United States to regulate interstate commerce in basic materials or parts shall not include the authority to regulate goods manufactured within this state from such materials or parts.

           5. This section shall not apply to the following:

           (1) Goods manufactured within this state unless the words “Made in Missouri” are clearly stamped or marked on an integral part of the good;

           (2) Goods produced within this state unless the words “Product of Missouri” are clearly stamped or marked on the container or packaging; or

           (3) Goods ordered, procured, or purchased by the United States government or by any contractor under an agreement with the United States government.

[emphasis in original]

More tenther drivel.

What manufacturer or business in their right mind would want to restrict the sale of their product(s) to a smaller market just to avoid the tyrannical fist of the all powerful Federal government? Yeah, that’s what I was thinking, too.

From Representative Chrissy Sommer (r), a bill filed on January 16th:

FIRST REGULAR SESSION

HOUSE BILL NO. 181

97TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES SOMMER (Sponsor), SPENCER, FITZPATRICK AND FRANKLIN (Co-sponsors).

0820L.01I        D. ADAM CRUMBLISS, Chief Clerk

AN ACT

To amend chapter 21, RSMo, by adding thereto one new section relating to states rights to limit the commerce clause from controlling goods produced or manufactured in Missouri.

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

           Section A. Chapter 21, RSMo, is amended by adding thereto one new section, to be known as section 21.950, to read as follows:

           21.950. 1. This section shall be called and may be known as the “Intrastate Commerce Act”.

           2. The general assembly declares that the authority for this section is the following:

           (1) Amendment X of the Constitution of the United States codifies in law that the only powers which the federal government may exercise are those that have been delegated to it in the Constitution;

           (2) Amendment IX of the Constitution of the United States guarantees to the people rights not enumerated in the Constitution and reserves to the people those rights;

           (3) The regulation of intrastate commerce is vested in the states under Amendments IX and X of the Constitution of the United States.

           3. As used in this section, unless the context otherwise requires, the following terms mean:

           (1) “Basic materials or parts”, raw materials physically and directly associated with the finished product in the manufacturing process;

           (2) “Goods”, all real or personal, tangible or intangible property;

           (3) “Produced”, grown, mined, extracted, or created.

           4. All goods produced or manufactured, whether commercially or privately, within the boundaries of this state that are held, maintained, or retained within the boundaries of this state shall not be deemed to have traveled in interstate commerce and shall not be subject to federal law, federal regulation, or the authority of the Congress of the United States under its constitutional power to regulate commerce. This section shall apply to goods that are manufactured within this state from basic materials or parts. The authority of the Congress of the United States to regulate interstate commerce in basic materials or parts shall not include the authority to regulate goods manufactured within this state from such materials or parts.

           5. This section shall not apply to the following:

           (1) Goods manufactured within this state unless the words “Made in Missouri” are clearly stamped or marked on an integral part of the good;

           (2) Goods produced within this state unless the words “Product of Missouri” are clearly stamped or marked on the container or packaging;

           (3) Goods ordered, procured, or purchased by the United States government or by any contractor under an agreement with the United States government.

[emphasis in original]

When nullification is outlawed, only outlaws will be able to nullify. Or paranoid people. Or something.

Give it a rest already.

Previously:

HB 162: Tenthers and guns, what could go wrong? (January 15, 2012)

HB 137: symptom of the universe (January 9, 2013)

SB 119: a foolish consistency is the hobgoblin of little minds (January 9, 2013)

The republican controlled Missouri House is keeping busy. HB 162 was introduced today:

FIRST REGULAR SESSION

HOUSE BILL NO. 162

97TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES SOMMER (Sponsor), SPENCER, MCCAHERTY, WOOD, BERRY AND FITZPATRICK (Co-sponsors).

0819L.01I         D. ADAM CRUMBLISS, Chief Clerk

AN ACT

To amend chapter 21, RSMo, by adding thereto one new section relating to the Missouri firearms freedom act.

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

           Section A. Chapter 21, RSMo, is amended by adding thereto one new section, to be known as section 21.755, to read as follows:

           21.755. 1. This section shall be called and may be cited as the “Missouri Firearms Freedom Act”.

           2. The general assembly declares that the authority for this section is the following:

           (1) Amendment X of the Constitution of the United States guarantees to the states and their people all powers not granted to the federal government elsewhere in the Constitution and reserves to the state and people of Missouri certain powers as they were understood at the time that Missouri was admitted to statehood. The guarantee of those powers is a matter of contract between the state and people of Missouri and the United States as of the time that the compact with the United States was agreed upon and adopted by Missouri and the United States;

           (2) Amendment IX of the Constitution of the United States guarantees to the people rights not granted in the Constitution and reserves to the people of Missouri certain rights as they were understood at the time that Missouri was admitted to statehood. The guarantee of those rights is a matter of contract between the state and people of Missouri and the United States as of the time that the compact with the United States was agreed upon and adopted by Missouri and the United States;

           (3) The regulation of intrastate commerce is vested in the states under Amendments IX and X of the Constitution of the United States, particularly if not expressly preempted by federal law. Congress has not expressly preempted state regulation of intrastate commerce pertaining to the manufacture on an intrastate basis of firearms, firearms accessories, and ammunition;

           (4) Amendment II of the Constitution of the United States reserves to the people the right to keep and bear arms as that right was understood at the time that Missouri was admitted to statehood, and the guarantee of the right is a matter of contract between the state and people of Missouri and the United States as of the time that the compact with the United States was agreed upon and adopted by Missouri and the United States; and

           (5) Article I, section 23, Constitution of Missouri clearly secures to Missouri citizens, and prohibits government interference with, the right of individual Missouri citizens to keep and bear arms.

           3. As used in this section, unless the context otherwise requires, the following terms shall mean:

           (1) “Firearms accessories”, items that are used in conjunction with or mounted upon a firearm but are not essential to the basic function of a firearm, including but not limited to telescopic or laser sights, magazines, flash or sound suppressors, folding or aftermarket stocks and grips, speedloaders, ammunition carriers, and lights for target illumination;

           (2) “Generic and insignificant parts”, includes but is not limited to springs, screws, nuts, and pins;

           (3) “Manufactured”, creating a firearm, a firearm accessory, or ammunition from basic materials for functional usefulness, including but not limited to forging, casting, machining, or other processes for working materials.

           4. A personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in Missouri and that remains within the borders of Missouri is not subject to federal law or federal regulation, including registration, under the authority of Congress to regulate interstate commerce. It is declared by the legislature that those items have not traveled in interstate commerce. This section applies to a firearm, a firearm accessory, or ammunition that is manufactured in Missouri from basic materials and that can be manufactured without the inclusion of any significant parts imported into this state. Generic and insignificant parts that have other manufacturing or consumer product applications are not firearms, firearms accessories, or ammunition, and their importation into Missouri and incorporation into a firearm, a firearm accessory, or ammunition manufactured in Missouri does not subject the firearm, firearm accessory, or ammunition to federal regulation. It is declared by the legislature that basic materials, such as unmachined steel and unshaped wood, are not firearms, firearms accessories, or ammunition and are not subject to congressional authority to regulate firearms, firearms accessories, or ammunition under interstate commerce as if they were actually firearms, firearms accessories, or ammunition. The authority of Congress to regulate interstate commerce in basic materials does not include the authority to regulate firearms, firearms accessories, or ammunition made in Missouri from those materials. Firearms accessories that are imported into Missouri from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce because they are attached to or used in conjunction with a firearm in Missouri.

           5. The provisions of this section shall not apply to:

           (1) A firearm that cannot be carried and used by one person;

           (2) A firearm that has a bore diameter greater than one half inch and that uses smokeless powder, not black powder, as a propellant;

           (3) Ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm; or

           (4) A firearm that discharges two or more projectiles with one activation of the trigger or other firing device.

           6. A firearm manufactured or sold in Missouri under the provisions of this section shall have the words “Made in Missouri” clearly stamped on a central metallic part, such as the receiver or frame.

[emphasis in original]

We’ve seen this before:

Department of Redundancy Department: Jason Smith (r) and HB 1506 (January 12, 2010)

Jobs bill, anyone?

The Missouri General Assembly is back in session. We get more tenther drivel on the first day.

The laugh is on you, Missouri.

Is anyone surprised?:

SB 119 Creates the State Sovereighnty [sic] Commission

Sponsor: Emery

LR Number: 0545S.02I

Last Action: 1/9/2013 – S First Read–SB 119-Emery

Effective Date: August 28, 2013

Current Bill Summary

SB 119 – This act creates the State Sovereignty Commission. The role of the commission shall be to identify federal legislation that infringes on Missouri’s sovereignty, make recommendations to the General Assembly regarding state legislation that would preserve the principles of the Tenth Amendment of the United States Constitution, conduct inquiries with Missouri Congressional members regarding votes cast on federal legislation which may affect Missouri’s sovereignty, and refer cases to the Attorney General when the federal government requires the state or a state officer to enact or enforce provisions of federal law outside Congress’ enumerated powers.

The Commission shall consist of seven members appointed by the various branches of government. The members shall serve two-year terms.

[….]

Because jobs are so important.

We’ve seen this before: HJR 88: a veritable thesaurus of tenther drivel (April 8, 2010)

Senator Brian Nieves (r), nothing, if not consistent, filed SJR 45 on January 9th. The bill summary:

Missouri State Senate

Introduced

SJR 45 – Upon approval by the voters, this constitutional amendment prohibits the Missouri legislative, executive, and judicial branches of government from recognizing, enforcing, or acting in furtherance of any federal action that exceeds the powers delegated to the federal government.

The state also shall not recognize, enforce, or act in furtherance of any federal actions that: restrict the right to bear arms; legalize or fund abortions, or the destruction of any embryo from the zygote stage; require the sale or trade of carbon credits or impose a tax on the release of carbon emissions; involve certain health care issues; mandate the recognition of same sex marriage or civil unions; increase the punishment for a crime based on perpetrator’s thoughts or designate a crime as a hate crime; interpret the establishment clause as creating a wall of separation between church and state; or restrict the right of parents or guardians to home school or enroll their children in a private or parochial school or restrict school curriculum.

The state is also required to interpret the U.S. Constitution based on its language and the original intent of the signers of the Constitution. Amendments to the U.S. Constitution shall be interpreted based on their language and the intent of the congressional sponsor and co-sponsors of the amendment.

The amendment also declares that Missouri citizens have standing to enforce the provisions of the amendment and that enforcement of the amendment applies to federal actions taken after the amendment is approved by the voters, federal actions specified in the amendment, and any federal action, regardless of when it occurred, that the general assembly or the Missouri Supreme Court determines to exceed the powers enumerated and delegated to the federal government by the U.S. Constitution….

Some of the language from the bill:

….(2) Not recognize, enforce, or act in furtherance of the following:

(a) Federal actions restricting the right of private citizens to bear arms;

Guns. Check.

(b) Federal actions legalizing or funding abortions, or the destruction of any embryo containing human DNA from the zygote stage onward through all stages of development;

Abortion. Ban stem cell research. Double check.

Of course, there’s more:

(c) Any federal action requiring the sale or trade of carbon credits or imposing a tax, fee, fine, or penalty on the release of carbon emissions;

[emphasis added]

Unlimited air pollution. Cough. Check.

(d) Federal actions involving a public option for health care, mandating end of life counseling, rationing health care, dictating or limiting the type of treatment a doctor may provide to his or her patient, authorizing or mandating the collection of a patient’s medical record into a database, covering illegal aliens under health insurance or prohibiting enforcement of laws regarding coverage for illegal aliens, mandating the benefits health insurance must cover, requiring insurance providers to cover abortion services, restricting the ability of patients to purchase health insurance in another state, or assessing fees, fines, or penalties on employers who do not provide health insurance to their employees or Missouri citizens who do not purchase health insurance;

No access to health care, death panels, immigration, abortion (again), etc. Check, check, check, check, etc.

(e) Any federal action mandating the recognition of same sex marriage, civil unions, or any relationship other than the marriage of one man and one woman;

[emphasis added]

Teh gay. Check. Is friendship out? Just asking.

(f) Any federal action increasing the punishment for a crime based on the thoughts of the perpetrator or the designation of the crime as a “hate crime”;

Love is bad, hate is good. Check.

(g) Any federal action regarding the establishment clause based upon a “wall of separation” between church and state;

Uh? Would this cause an infinite loop in the Missouri Constitution? Just asking.

(h) Any federal action restricting the right of parents or guardians to home school, enroll their children in a private or parochial school, or placing restrictions on curriculum;

Wha? Okay, this is just paranoia.

And then, just for good measure:

(3) Interpret the Constitution of the United States of America based on its language and the intent of the signers of the Constitution at the time of its passage. The several amendments shall be interpreted by their language and the intent of the congressional sponsor and co-sponsors of the amendment. Any interpretation of the Constitution based on an emerging awareness, penumbras or shadows of the Constitution, a theory of the Constitution being a “living, breathing document”, or any interpretation that expands federal authority beyond the limited powers enumerated and delegated to the federal government, without an amendment to the Constitution, shall be deemed to exceed the limited powers enumerated and delegated to the federal government.

Marbury v Madison (1803), out?

….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….

Oopsie.

Over two hundred years of stare decisis out. Check.

You’ve got to love this definition in the bill:

….(2) “Public option”, any health insurance plan passed after January 1, 2009, operated by the federal government or its agent that competes directly or indirectly with private health insurance providers;

For anyone keeping score, that would be the “let’s not touch Medicare or every senior in the state will vote for the other party in the foreseeable future” clause.

….Any ruling by a court of competent jurisdiction in violation of subdivision (3) of subsection 2 of this section shall be invalid and not recognized, enforced, or otherwise furthered in the state of Missouri….

Nullification. Jackpot!