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)
(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;
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.
[….]
Today, St. Louis City and St. Louis County filed a joint lawsuit seeking to block a new law which makes Missouri a sanctuary state for gun violence by preventing local law enforcement from following federal gun laws. Filed in Cole County Circuit Court, today’s lawsuit asks the court to declare the new law unconstitutional under the federal and state constitutions.
Missouri has some of the weakest gun regulations in the country and one of the highest rates of gun violence deaths per capita. But the state legislature passed HB 85 in an effort to prevent enforcement of federal gun laws in Missouri. The new law has already disrupted law enforcement at the federal, state, and local levels:
The United States Department of Justice declared that the new law unconstitutionally interferes with federal law enforcement and threatens the ability of local police departments to access federal grants.
The State of Missouri withdrew its prosecutors from assisting in federal drug, carjacking, and gun cases in St. Louis.
A police chief in the St. Louis region resigned after Governor Parson signed the bill, noting that the new law will “chill the legitimate peacekeeping duties of police.”
“2020 was the deadliest year of gun violence in our state’s history, and now the Missouri legislature is throwing up barriers to stop police from doing their most important job —preventing and solving violent crime,” said St. Louis Mayor Tishaura O. Jones. “This harmful and unconstitutional law takes away tools our communities need to prevent gun violence. I’m proud to partner with St. Louis County in this effort to protect our region and stop this law.”
“This new law is like the state holding out a sign that says ‘Come Commit Gun Violence Here,’” said St. Louis County Executive Dr. Sam Page. “We can’t expect people to stay in St. Louis or to move their businesses here if we don’t do everything we can to reduce gun violence in the region, but this new law sends the opposite message to our residents and business community.”
The City and County are seeking an injunction of unconstitutional provisions and ultimately for the law to be overturned on constitutional grounds. The entities will jointly argue that HB 85 violates the U.S. Constitution Supremacy Clause, which provides that federal law preempts state law, and also is in contravention of other Missouri law.
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):
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.”
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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!!!!
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.
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
