Tag Archives: supremacy clause

Send in the clown (r)

07 Tuesday Mar 2023

Posted by in Congress, Missouri General Assembly, Missouri House, social media

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Eric Burlison (r) [2016 file photo].

Today:

Rep. Eric Burlison @RepEricBurlison
OFFICIAL STATEMENT ON SAPA DECISION:

As the sponsor of the Second Amendment Preservation Act, I am disappointed but not surprised by the decision from an Obama-appointed, district court judge to unilaterally strike down a pro-Second Amendment law. (1/3)

The State of Missouri, not a federal judge, should determine how it spends its resources. That’s what SAPA does. I fully support Attorney General Bailey’s announcement to appeal this decision. (2/3)

I will continue to fight to protect Americans’ constitutionally protected right to keep and bear arms, just like I did in the Missouri State Legislature. (3/3)

Clown.

Clown hardware.

What’s up? From 2021:

SS SCS HCS HBs 85 & 310 — THE RIGHT TO BEAR ARMS
The bill establishes the “Second Amendment Preservation Act”,
which:

[….]

(1) Declares that laws, rules, orders, or other actions that collect data, restrict or prohibit the manufacture, ownership, and use of firearms, firearm accessories, or ammunition exclusively within this state 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 discipling militia forces actively employed in the service of the United States Armed Forces. Infringing actions would include any registration or tracking of firearms, firearm accessories, or ammunition or any registration or tracking of the ownership of firearms, firearm accessories, or ammunition;

(2) Declares that all federal acts, laws, executive orders, administrative orders, court orders, rules, and regulations, whether past, present, or future, that 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 must be invalid in this state, including those that impose a tax, levy, fee, or stamp on these items as specified in the bill; require the registration or tracking of these items or their owners; prohibit the possession, ownership, use, or transfer of a firearm; or order the confiscation of these items;

[….]

What else could anyone think would happen?:

March 7, 20233:34 PM CST
U.S. judge rules Missouri state gun law is unconstitutional
By Sarah N. Lynch and Nate Raymond

WASHINGTON, March 7 (Reuters) – A Missouri state law that declared several federal gun laws “invalid” is unconstitutional, a U.S. federal judge ruled on Tuesday, handing the U.S. Justice Department a victory in its bid to get the law tossed out.

At issue was a measure Republican Governor Mike Parson signed into law in 2021 that declared that certain federal gun laws infringed on the rights of individuals to keep and bear arms under the U.S. Constitution’s Second Amendment.

U.S. District Judge Brian Wimes in Jefferson City, Missouri, said the state’s Second Amendment Preservation Act (SAPA) violates the U.S. Constitution’s Supremacy Clause, which holds that federal laws take priority over conflicting state laws.
[….]

Previously:

HB 162: Tenthers and guns, what could go wrong? (January 16, 2013)

HB 2174: Guns, check. Sort of nullification, check. (March 25, 2014)

HB 2196: blah, blah, guns, tenther drivel, blah, recycle, blah, stir… (January 13, 2016)

SS SCS HCS HBs 85 & 310 – wasting time (March 15, 2021)

Useless platitude (May 25, 2022)

The Supremacy Clause don’t mean shit (June 20, 2021)

Missouri gets what it votes for

20 Wednesday Apr 2022

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Governor Mike Parson (r) [2018 file photo].

On March 30th:

GOVERNOR PARSON ANNOUNCES END TO COVID-19 CRISIS IN MISSOURI
Press Release
MARCH 30, 2022

JEFFERSON CITY – Today, during a press conference at the State Capitol, Governor Mike Parson announced an end to the COVID-19 crisis in Missouri and that the state will be shifting to an endemic phase of the pandemic on Friday, April 1, 2022.

A whole-of-government COVID-19 emergency response was taken for more than two years, an effort that responded to the needs of all Missourians during the global pandemic and sustained state operations as more was learned about the novel virus. Vaccines, testing resources, and treatments are now readily available for all Missourians, and much of the population now has some immunity to the virus. [….]

The SARS-CoV-2 virus, which causes COVID-19, is expected to continue to circulate in communities, meaning it will be considered endemic like many other diseases. The endemicity also means that surveillance priority will change from monitoring case numbers to monitoring disease severity and societal impact as new waves of infection come and go. This transition does not minimize the continued importance of public health surveillance, investigation, and response activities, as is necessary to mitigate any disease.

[….]

“…Vaccines, testing resources, and treatments are now readily available for all Missourians, and much of the population now has some immunity to the virus…”

That’s not particularly reassuring.

“…it will be considered endemic…”

It will be? If it isn’t yet, then why state it? By the way, we’re pretty sure the Governor of Missouri doesn’t get to make that determination.

[CDC – national data]
Interpretive Summary for April 15, 2022
[…]
Reported Cases
As of April 13, 2022, the current 7-day moving average of daily new cases (31,391) increased 19.1% compared with the previous 7-day moving average (26,357)…
[….]
New Hospital Admissions
The current 7-day daily average for April 6–April 12, 2022, was 1,446. This is a 1.3% increase from the prior 7-day average (1,427) from March 29–April 4, 2022…
[….]
Testing
The percentage of COVID-19 NAATs (nucleic acid amplification tests)* that are positive (percent positivity) is increasing in comparison to the previous week. The 7-day average of percent positivity from NAATs is now 4.1%.
[….]

Definitely not reassuring.

And then yesterday, there’s this priority:

GOVERNOR PARSON JOINS 25 GOVERNORS IN FORMING AMERICAN GOVERNORS’ BORDER STRIKE FORCE
Press Release
APRIL 19, 2022

JEFFERSON CITY – Today, Governor Mike Parson joined 25 other Governors in signing a memorandum of understanding establishing the American Governors’ Border Strike Force. The strike force will help increase collaboration and improve intelligence sharing and analyses across participating states to disrupt and dismantle criminal organizations and cartels, combat human smuggling, and stop the flow of illegal drugs to states.

“The Biden Administration has failed to secure our nation’s Southern Border, allowing millions of migrants and hundreds of thousands of pounds of illegal drugs to pour into the United States,” Governor Parson said. “Time and time again, Governors have tried to work with the White House to discuss real solutions to secure the border. Instead, our concerns have been ignored, crime is out of control, and illegal drugs continue to infect our communities and harm our kids. Today, Governors are stepping up once again to do what the federal government refuses to do: secure our communities and protect our citizens.”

The American Governors’ Border Strike Force will coordinate participating states’ efforts to partner at the state fusion center level and amongst state law enforcement around the following actions:

Share criminal justice information to improve investigations in the border region and nationwide, especially in communities adjacent to or crossing state boundaries.
Coordinate and improve interdiction on interstates to combat drug trafficking and human smuggling.
Co-locate intelligence analysts in border states to improve collaboration, real time response, intelligence sharing, and analysis connected to border security.
Assist border states with supplemental staff and resources at state fusion centers, such as on rotation assignments and to share information obtained both on the border and/or in other states.
Send law enforcement to train in border states to detect, track, and curb border-related crime.
Target cartel finances that fund criminal activity in the border regions to seize the tools used to assist the cartels.
Monitor cybersecurity issues that may increase vulnerability along the Southern Border, such as criminal networks that operate on social media to recruit traffickers.
Review state criminal statutes regarding human trafficking, drug trafficking, and transnational criminal organizations to ensure the laws deter, disrupt, and dismantle criminal activity.
Review state criminal justice statistics and information to determine crimes that can be traced to the Southern Border.
Develop interstate procedures to fill any identified gaps or identified inconsistencies in existing plans to address border crime.
This action by Governors comes as more than 221,000 migrants were encountered at the Southern Border in March 2022 – the highest number in 22 years. Additionally, next month, the Biden Administration is preparing to revoke Title 42, which is expected to lead to 18,000 or more migrant encounters per day at the border.

Under the Biden Administration, more than 2.3 million migrants have been encountered at the Southern Border. In the past six months, reports indicate that there have been 300,000 known “gotaways” – migrants who were not apprehended by border agents and did not turn themselves in – at the Southern Border.

“The crisis at our Southern Border is out of control. In the absence of federal leadership, we will do what is required to help solve this growing problem and protect the people of Missouri,” Governor Parson said.

The Director of the Missouri Department of Public Safety will be Missouri’s designee on the American Governors’ Border Strike Force. The agreement does not obligate states to expend funds.
[….]

“…allowing millions of migrants and hundreds of thousands of pounds of illegal drugs to pour into the United States…”

This just started now?

“…more than 2.3 million migrants have been encountered at the Southern Border…”

Uh, that’s a cute turn of phrase. “Encountered”? What does that mean, specifically?

“…reports indicate…”

What specific reports? Cite source(s).

“…The agreement does not obligate states to expend funds…”

So, it’s a publicity stunt.

All this for Arkansas?

What happens if guns get smuggled across the border?

Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Wednesday, February 16, 2022

Justice Department Files Suit to Prevent Missouri from Restricting Enforcement of Federal Firearms Laws

Missouri House Bill 85 Makes Enforcement of Federal Firearms Laws More Difficult, Thereby Impeding Law Enforcement Efforts to Combat Violent Crime
The Department of Justice has today filed a lawsuit to prevent the State of Missouri from enforcing House Bill 85 (H.B. 85). Signed into law in June 2021, the Missouri law declares five categories of federal firearms laws “invalid” and deters and penalizes their enforcement by federal, state and local law enforcement officers. The government’s complaint seeks declaratory and injunctive relief prohibiting enforcement of H.B. 85 and further clarifying that state and local officials may lawfully participate in joint federal task forces, assist in the investigation and enforcement of federal firearm crimes, and fully share information with the federal government without fear of H.B. 85’s penalties. Specifically, the complaint alleges that H.B. 85 is invalid under the Supremacy Clause, is preempted by federal law, and violates the doctrine of intergovernmental immunity.

“This act impedes criminal law enforcement operations in Missouri,” said Attorney General Merrick B. Garland. “The United States will work to ensure that our state and local law enforcement partners are not penalized for doing their jobs to keep our communities safe.”

“A state cannot simply declare federal laws invalid,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “This act makes enforcement of federal firearms laws difficult and strains the important law enforcement partnerships that help keep violent criminals off the street.”

The complaint alleges that the restrictions imposed by H.B. 85 have hindered cooperation and other activities that assist federal, state, and local law enforcement efforts. Federal law enforcement agencies within the state report that enforcement of federal firearms laws in Missouri has grown more difficult since H.B. 85 became effective. The penalties associated with H.B. 85 have prompted state and local agencies and individuals within those entities to withdraw support for federal law enforcement efforts, including by not sharing critical data used to solve violent crimes and withdrawing from joint federal task forces. The complaint challenges the constitutionality of the law and seeks to enforce the supremacy of federal law. Dozens of state and local officers have resigned from federal joint-task forces in the state as a result of the law. According to Missouri’s own statistics, nearly 80% of violent crimes are committed with firearms.

According to the complaint, Missouri enacted H.B. 85 despite its conflict with the fundamental constitutional principles of supremacy of federal law, preemption, and intergovernmental immunity. The restrictions imposed by the statute are premised on a declaration that several categories of federal statutes are “invalid,” but a state may not lawfully declare federal law invalid under the Constitution. In addition to penalizing individuals for working on joint federal-state law enforcement task forces, the statute penalizes current federal employees by barring them from state employment if they enforced the purportedly invalid laws. The statute further directs the state judiciary to “protect” against the federal laws declared invalid.

[….]

“…the restrictions imposed by H.B. 85 have hindered cooperation and other activities that assist federal, state, and local law enforcement efforts…”

Missouri.

Hello? Hello? Is anybody home?

28 Thursday Oct 2021

Posted by in Missouri Governor, social media

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Article VI, United State Constitution
….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….

Governor Mike Parson (r) [2018 file photo].

Governor Mike Parson @GovParsonMO
The federal government has no authority to issue COVID-19 vaccine mandates.
2:20 PM · Oct 28, 2021

Dumbass.

Some of the responses:

Actually Constitutional law has held that they do.

Right now Sullivan County Mo leads the state in per capita cases. They are also well under 50% even receiving a single dose.

Are you a Constitutional legal expert?

No, he’s in IT Security

ctrl U
Heh.

And that’s a lie. Besides Washington’s mandate for small pox, there was one during the 1918 flu pandemic, and again in 1921. The SCOTUS ruled on this topic twice already and said the Feds have the right to enforce mandates for public health.

You didnt even know what a computer was like a week ago.

Hello? Hello? Is this thing on?
ctrl U

You know that’s not true, right?

Look I can’t come on your social media every single day and say “Supremacy Clause”. You need to start rereading the other times I’ve said it or something.

Looks like you know Constitution like you know IT. The failing grades continue, Governor.

You idiot, the government already mandates lots of vaccines for schools, government officials and military members. This is a PUBLIC health emergency. You Republicans are a death cult.

The only thing exceeding your ignorance and stupidity is your willingness to share it

Kyle Garner @KyleGarnerMO
Maybe Parson, instead of setting more of our money on fire, would like to just send me a check to Google basic shit any competent adult should know. He loves paying consultants, and I’m sure I’m cheaper than the lawyers he’ll pay to embarrass Missouri with this new bullshit.
4:55 PM · Oct 28, 2021

GOVERNOR PARSON ISSUES EXECUTIVE ORDER 21-10 TO FIGHT FEDERAL COVID-19 VACCINE MANDATES

EXECUTIVE ORDER EO 21-10 [pdf]

[….]
WHEREAS, these federal vaccine mandates pose a significant risk to our state economy and workforce, and jeopardize public health by increasing vaccine hesitancy.
{….]

Dumbass.

Eric Schmitt (r) wouldn’t know the U.S. Constitution if it smacked him upside the head

17 Thursday Jun 2021

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And he has the record before the U.S. Supreme Court to prove that.

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.

It’s there in plain English.

Today from Missouri Attorney General Eric Schmitt (r):

Attorney General Schmitt, Governor Parson Send Letter to Biden DOJ, Fighting Federal Encroachment on Missourians’ Second Amendment Rights
Jun 17, 2021, 14:15 PM by AG Schmitt

Missouri Attorney General Eric Schmitt and Governor Mike Parson today sent a letter to President Biden’s Department of Justice fighting back against potential federal overreach and encroachment on Missourians’ Second Amendment rights.
[….]

“Missourians’ and Americans’ Second Amendment rights are enshrined in the Constitution – I will defend those rights at every turn,” said Attorney General Schmitt. “Our letter to Biden’s Department of Justice sends a clear message: we will fight any attempts from the federal government to encroach on the Second Amendment rights of law-abiding citizens.”

“The Second Amendment Preservation Act is about protecting law-abiding Missourians against government overreach and unconstitutional federal mandates,” Governor Parson said. “We will reject any attempt by the federal government to circumvent the fundamental right Missourians have to keep and bear arms to protect themselves and their property. Throughout my career, I have always stood for the Constitution and our Second Amendment rights, and that will not change today or any day.”

The letter, which is in response to the Department of Justice’s Wednesday letter to both the Attorney General and the Governor on the recently passed and signed Second Amendment Preservation Act, begins with, “Your letter purporting to ask for clarification of this important legislation, which was purposefully leaked to the news media, is riddled with a misunderstanding of the law and falsehoods. We will not stand by while the federal government tries to tell Missourians how to live our lives. Missouri is not attempting to nullify federal law. Instead, Missouri is defending its people from federal government overreach by prohibiting state and local law enforcement agencies from being used by the federal government to infringe Missourians’ right to keep and bear arms.”

The letter argues that, under the Second and Tenth Amendments, the right to keep and bear arms is inalienable, and that Missouri has the right to refuse to enforce unconstitutional infringements by the federal government. The letter states, “Likewise, the Tenth Amendment directly limits the Federal Government’s ability to shift the balance of power within the federal system away from the States… the State of Missouri has every right under our system of government and the Tenth Amendment to place limitations on what state and local officials may do.”

The letter also notes the Department of Justice’s June 16 letter conflicts with their own policy toward “sanctuary cities,” stating, “On his first day in office, President Biden rescinded President Trump’s executive order that prohibited federal grant awards to sanctuary jurisdictions that refused to cooperate with the federal government to enforcement immigration laws. In April, the Office of Justice Programs reportedly repealed the Department of Justice’s policy that required recipients of a law enforcement grant to cooperate with U.S. Immigration and Customs Enforcement as a condition of their funding… President Biden and the Department of Justice have decided to reward states and cities that refuse to cooperate with enforcing constitutional immigration laws that protect our citizens against foreign threats, but now they attack Missouri for refusing to cooperate with enforcing unconstitutional gun confiscation laws that put our citizens in danger and degrade their rights.”

The letter ends with, “We will fight tooth and nail to defend the right to keep and bear arms protected by the Second Amendment, Article I, § 23 of the Missouri Constitution, and the Second Amendment Preservation Act. And we will not tolerate any attempt by the federal government to deprive Missourians of this critical civil right.”

###

He also said the same on social media. Some of the responses:

Is Missouri seceding from the United States? Or by what authority would Missouri be able to reject federal law?

@AGEricSchmitt and @GovParsonMO are profoundly ignorant of constitutional law and this move will cost Missourians money as AG Schmidt defends this poorly written law against the inevitable challenges. @SLULAW you need to come take that JD back from Schmidtt.

Your agenda has nothing to do with Missourians or their rights.

Article VI, Paragraph 2 of the U.S. Constitution is commonly referred to as the Supremacy Clause. It establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions.

Yeah.

Y’all keep getting your ignorant ass handed to you in court. Y’all keep doubling down on idiotic mistakes. Y’all gonna secede next?
#LostCause #WasteOfMoney

Governor Mike Parson (r) [2018 file photo].

And Mike Parson (r) did the same. Some of those responses:

Nice try. We fall under the federal umbrella like every other state.

Yeah, let me know how that goes consitutionally, pudding.

Has Eric Schmitt ever won one of the dumb fights he picks? You might want to get yerself a new lawyer, Hee Haw.

Article VI, Paragraph 2 of the U.S. Constitution is commonly referred to as the Supremacy Clause. It establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions.

Sorry, Heehaw.

Cases of COVID are rising faster here than almost anywhere in the country. And you choose to waste your time on this stupid bullshit? C’mon, man, hike up your big boy pants and SAVE lives instead of making it easier to take them.

I am sure the Biden Department of Justice is just shaking in their boots after receiving a letter from a Traitor like Eric Schmitt. You are useless governor!

You both are just idiots. There’s Noo one trying to take away any weapons.

Hey Gov Nitwit, you are single-handedly making Missouri a laughing stock of America. You realize this, yes?
Why can’t you be an ACTUAL LEADER and convince folks to quit being big freaking babies and get their covid vax?? You are literally the WORST!!!!

Previously:

The Supremacy Clause don’t mean shit (June 12, 2021)

The Supremacy Clause don’t mean shit

12 Saturday Jun 2021

Posted by in Missouri General Assembly, Missouri Governor, Missouri House

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In Missouri.

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.

That part.

Today, in Lee’s Summit, Missouri:

Governor Mike Parson @GovParsonMO
Today, at 2 p.m., I will sign HB 85 into law, establishing the Second Amendment Preservation Act in the state of Missouri. #SAPA #mogov

The signing ceremony will take place at Frontier Justice in Lee’s Summit. Watch it LIVE at: [….]
1:16 PM · Jun 12, 2021

For Missouri right wingnuts there is only one true Amendment.

From the social media live feed:

– from the social media live feed

“…[We’re] taking a stand against a tyrannical government…” “…We are telling this President, who wants to take away our rights, that he can go pound sand…” – Rick Burlison (r) – Missouri State Senator

“…Now no one is coming to take my AR-15…” – Hardy Billington (r) – Missouri State Representative

– from the social media live feed

“…This facility represents Christian values, family values, and the Second Amendment…” – Mike Parson (r) – Missouri Governor

Some of the Twitter responses to Mike Parson (r):

do you actually think this will stand up in court? do you know how stupid of an act this is? pandering to your gun toting base instead of protecting the citizens of the state from criminals. how do you sleep at night?

Guns before people. For shame.

Like why do we need this? Playing to the base!!

Is there any state in America I can run to that’s not being governed by stupid people?

Can’t fix stupid

Showing your contempt for the Constitution (the supremacy clause) and human life, all with a single pen stroke!

So on brand for the modern so-called “pro-life” “pro-Constitution” party!

You disgusted me with your 2nd amendment BS. Easier to get a gun than to register a car.

Yay more guns with which nut bags can shoot innocent bystanders. Great job Gov. you da man. You will visit every funeral of those shot unnecessarily right?

Every school child is taught that federal law supersedes state. You are wasting MO taxpayers money on bs that will not stand up in court. SHAME!

Don’t ask him about state support for public education in Missouri.

That moment when the self proclaimed pro-lifer cares more about inanimate objects than he does about human lives.

You’re pathetic.
I used to be proud to be a Missourian.
You. Hawley. Greitens.
You people make me sick.

You are a fool @GovParsonMO

Previously:

HB 162: Tenthers and guns, what could go wrong? (January 16, 2013)

HB 2174: Guns, check. Sort of nullification, check. (March 25, 2014)

HB 2196: blah, blah, guns, tenther drivel, blah, recycle, blah, stir… (January 13, 2016)

SS SCS HCS HBs 85 & 310 – wasting time (March 15, 2021)

SS SCS HCS HBs 85 & 310 – wasting time

15 Saturday May 2021

Posted by in Missouri General Assembly

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Because there was nothing important or pressing to take care of for the people of Missouri?

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.

Yesterday, in the Missouri House:

HB 85
Establishes the “Second Amendment Preservation Act,” which creates additional protections to the right to bear arms
Sponsor: Taylor, Jered (139)
Proposed Effective Date: Emergency Clause
LR Number: 0767S.10T
Last Action: 05/14/2021 – Emergency Clause Adopted on Truly Agreed to Bill
Bill String: SS SCS HCS HBs 85 & 310
Next House Hearing: Hearing not scheduled
Calendar: HOUSE BILLS WITH SENATE AMENDMENTS

12/01/2020 Prefiled (H)
1/06/2021 H 54 Read First Time (H)
1/07/2021 H 187 Read Second Time (H)
1/14/2021 H 329 Referred: General Laws(H)
1/26/2021 Public Hearing Completed (H)
1/28/2021 Executive Session Completed (H)
1/28/2021 HCS Voted Do Pass (H)
1/28/2021 H 426 HCS Reported Do Pass (H) – AYES: 10 NOES: 4 PRESENT: 0
1/28/2021 H 426 Referred: Rules – Legislative Oversight(H)
2/01/2021 Executive Session Completed (H)
2/01/2021 Voted Do Pass (H)
2/01/2021 H 451 Reported Do Pass (H) – AYES: 7 NOES: 2 PRESENT: 0
2/03/2021 H 479 Taken Up for Perfection (H)
2/03/2021 H 479 Title of Bill – Agreed To
2/03/2021 H 484 HCS Adopted (H) – AYES: 107 NOES: 43 PRESENT: 1
2/03/2021 H 484 Perfected with Amendments (H) – HA 1, HA 2 ADOPTED
2/03/2021 H 485 Referred: Fiscal Review(H)
2/04/2021 Executive Session Completed (H)
2/04/2021 Voted Do Pass (H)
2/04/2021 H 499 Reported Do Pass (H) – AYES: 5 NOES: 2 PRESENT: 0
2/04/2021 H 499 Taken Up for Third Reading (H)
2/04/2021 H 499 – 500 Third Read and Passed with Amendments (H) – HPA 1 Adopted AYES: 103 NOES: 43 PRESENT: 0
2/08/2021 S 233 Reported to the Senate and First Read (S)
3/11/2021 S 503 Second read and referred: General Laws(S)
3/25/2021 Public Hearing Scheduled (S) – Tuesday, March 30, Noon or uupon morning recess
3/30/2021 Public Hearing Held (S)
4/08/2021 Executive Session Held (S)
4/08/2021 SCS Voted Do Pass (S)
4/26/2021 S 907 SCS Reported Do Pass (S)
4/27/2021 S 985 Referred: Governmental Accountability and Fiscal Oversight(S)
5/05/2021 Public Hearing Scheduled (S) – Thursday, May 6, 8:15 a.m., SCR 1
5/06/2021 Public Hearing Held (S)
5/06/2021 Executive Session Held (S)
5/06/2021 Voted Do Pass (S)
5/06/2021 S 1369 Reported Do Pass (S)
5/07/2021 S 1458 Placed on Informal Calendar
5/13/2021 Taken Up for Third Reading (S)
5/13/2021 Senate Substitute Offered (S)
5/13/2021 Laid Over (S)
5/13/2021 Placed on Informal Calendar
5/13/2021 Taken Up
5/13/2021 SS Adopted (S)
5/13/2021 Third Read and Passed (S)
5/13/2021 Emergency Clause Adopted (S)
5/13/2021 Reported to the House with… (H) – SS
5/13/2021 Referred: Fiscal Review(H)
5/13/2021 Executive Session Completed (H)
5/13/2021 Voted Do Pass (H)
5/14/2021 Reported Do Pass (H) – AYES: 5 NOES: 2 PRESENT: 0
5/14/2021 House Adopts (H) – SS
5/14/2021 Truly Agreed To and Finally Passed
5/14/2021 Emergency Clause Adopted on Truly Agreed to Bill

Quite a rush there.

Yesterday:

Hon. Stacey Newman, Missouri @staceynewman
They truly agreed and finally passed the 2nd Amendment BS Act today & the governor will sign it. Missouri Stop the Steal pro-Constitution GOP has gone mad.
[….]
9:33 PM · May 14, 2021

Gun Sense MO Mom @mizzouatheart
House is now about to consider HB 85, a bill that prohibits and punishes state and local law enforcement from cooperating with federal law enforcement to enforce federal firearms laws in Missouri. This bill is still unconstitutional and bad for public safety. #moleg
4:40 PM · May 14, 2021

Yeah, that pesky “Supremacy Clause” thingy.

Previously:

HB 162: Tenthers and guns, what could go wrong? (January 16, 2013)

HB 2174: Guns, check. Sort of nullification, check. (March 25, 2014)

HB 2196: blah, blah, guns, tenther drivel, blah, recycle, blah, stir… (January 13, 2016)

HB 1039: “We’re having a contest!”

26 Tuesday Feb 2019

Posted by in Missouri General Assembly, Missouri House

≈ 4 Comments

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For the most over the top gun fetish bill introduced this session in the Missouri House.

A bill, introduced on February 21st by Representative Jered Taylor (r):

HB 1039
Establishes the Second Amendment Preservation Act, which creates additional protections to the right to bear arms
Sponsor: Taylor, Jered (139)
Proposed Effective Date: 8/28/2019
LR Number: 2160H.01I
Last Action: 02/25/2019 – Read Second Time (H)
Bill String: HB 1039
Next House Hearing: Hearing not scheduled
Calendar: Bill currently not on a House calendar

In the bill [pdf]:

…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 Amendment II of the Constitution of the United States and Article I, Section 23 of the Constitution of Missouri, within the borders of this state…

Uh, we see your tenther drivel and raise you a supremacy clause:

United States Constitution, Article VI
…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…

What’s worse? The sponsor actually believes everything in the bill, or he knows it’s bullshit and he filed it anyway?

Previously:

HB 1052: Matchlock or flintlock? (February 25, 2019)

HB 786: tenther drivel…again

01 Friday Feb 2019

Posted by in Missouri General Assembly, Missouri House

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There is the small matter of the supremacy clause in the United States Constitution, in case no one in the Missouri General Assembly has bothered to read it:

Article VI
….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….

And, uh, the United States Supreme Court gets to decide what is constitutional, not the Missouri General Assembly:

Marbury v. Madison, 5 U.S. 137 (1803)

….It is emphatically the 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 the rule. If two laws conflict with each other, the Court must decide on the operation of each.

If courts are to regard the Constitution, and the Constitution is superior to any ordinary act of the legislature, the Constitution, and not such ordinary act, must govern the case to which they both apply….

In the Missouri General Assembly, three years ago:

HB 2196: blah, blah, guns, tenther drivel, blah, recycle, blah, stir…

The sponsor in 2016 was Representative Jeff Pogue (r).

Five years ago:

HB 1556: because we can never have too many tenther gun bills in the Missouri House

Six years ago:

HB 162: Tenthers and guns, what could go wrong?

Nine years ago:

HJR 88: a veritable thesaurus of tenther drivel

A bill introduced yesterday by Representative Jeff Pogue (r):

HB 786
Establishes the “Second Amendment Preservation Act”
Sponsor: Pogue, Jeff (143)
Proposed Effective Date: 8/28/2019
LR Number: 1046H.01I
Last Action: 01/31/2019 – Introduced and Read First Time (H)
Bill String: HB 786
Next House Hearing: Hearing not scheduled
Calendar: HOUSE BILLS FOR SECOND READING

Some of the (familiar) bill language [pdf]:

…(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 United States Constitution is reserved to the states respectively or to the people themselves;

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

Blah, blah, blah, tenther drivel, gun stuff, blah, blah, blah, stir…

Willful ignorance of two centuries of American history gets us to where we are today.

HB 170: so much for “originalism”

16 Wednesday Jan 2013

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In the United States Constitution, Article VI:

….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….

HB 170, introduced in the Missouri House yesterday:

FIRST REGULAR SESSION

HOUSE BILL NO. 170

97TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES GUERNSEY (Sponsor), CURTMAN, JOHNSON, HINSON, KOLKMEYER, SMITH (120), NEELY, HIGDON, DAVIS, WILSON, SHULL, LOVE, PHILLIPS, ROWLAND, RHOADS, MILLER, FOWLER, LANT, CRAWFORD, BROWN, REDMON, FRANKLIN, KEENEY, REIBOLDT, FITZPATRICK, PIKE, LAIR, BRATTIN, DUGGER, FITZWATER, BURLISON, PARKINSON, ELMER, MCCAHERTY, CONWAY (104), HOUGHTON, BERNSKOETTER, LICHTENEGGER, ZERR, FLANIGAN, ALLEN, SCHIEBER, KELLEY (127), HICKS, RIDDLE, WALKER, HANSEN, WHITE, NETH, MUNTZEL, REMOLE, GATSCHENBERGER, FREDERICK, SPENCER, MOLENDORP, MCGAUGH, HURST, COOKSON, ROSS, POGUE, LEARA AND THOMSON (Co-sponsors).

0894H.01I   D. ADAM CRUMBLISS, Chief Clerk

AN ACT

To amend chapter 571, RSMo, by adding thereto one new section relating to firearms, with a penalty provision and an emergency clause.

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

           Section A. Chapter 571, RSMo, is amended by adding thereto one new section, to be known as section 571.048, to read as follows:

           571.048. 1. It shall be unlawful for any officer or employee of this state, or any political subdivision, or any federal firearms dealer licensed under 19 U.S.C. Section 923 to enforce or attempt to enforce any act, law, statute, rule, or regulation of the federal government relating to a personal firearm, firearm accessory, or ammunition that is owned or manufactured commercially or privately in the state of Missouri and that remains exclusively within the boundaries of the state of Missouri.

           2. Any official, agent, or employee of the federal government who enforces or attempts to enforce any act, order, law, statute, rule, or regulation of the federal government upon a personal firearm, a firearm accessory, or ammunition that is owned or manufactured commercially or privately in the state of Missouri and that remains exclusively within the borders of the state of Missouri shall be guilty of a class D felony.

           3. Any person in violation of a federal law relating to the manufacture, sale, transfer, or possession of a firearm, a firearm accessory, or ammunition owned or manufactured and retained exclusively with the boundaries of the state of Missouri may request the attorney general to defend him or her for such violation.

           4. Any federal law, rule, regulation, or order created or effective on or after January 1, 2013 shall be unenforceable in the state of Missouri if the law, rule, regulation, or order attempts to:

           (1) Ban or restrict ownership of a semi-automatic firearm or any magazine of a firearm; or

           (2) Require any firearm, magazine, or other firearm accessory to be registered in any manner.

           Section B. Because immediate action is necessary to protect the rights of the citizens of this state the enactment of section 571.048 of section A of this act is deemed necessary for the immediate preservation of the public health, welfare, peace, and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and the enactment of section 571.048 of section A of this act shall be in full force and effect upon its passage and approval.

“….Any official, agent, or employee of the federal government who enforces or attempts to enforce any act, order, law, statute, rule, or regulation of the federal government upon a personal firearm, a firearm accessory, or ammunition that is owned or manufactured commercially or privately in the state of Missouri and that remains exclusively within the borders of the state of Missouri shall be guilty of a class D felony….”

“….Any federal law, rule, regulation, or order created or effective on or after January 1, 2013 shall be unenforceable in the state of Missouri if the law, rule, regulation, or order attempts to: (1) Ban or restrict ownership of a semi-automatic firearm or any magazine of a firearm; or (2) Require any firearm, magazine, or other firearm accessory to be registered in any manner….”

You and what air force?

Just more tenther twaddle. Jobs bill, anyone?

Previously:

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