Opinion
Arizona -(Ammoland.com)- -In 2019, Missouri Senator Eric Burlison, Representative Jered Taylor, and representative Jeff Pogue have introduced versions of the Second Amendment Protection Act or SAPA. Here is a link to SB 367 introduced by Senator Burlison.
The bill uses several legal and Constitutional strategies to protect Second Amendment rights from infringement by both the Federal government and various Missouri governments.
The principle Constitutional strategy is the anti-commandeering doctrine, which has been well established in Constitutional law and in the Supreme Court cases of New York v. United States (1992, decided 6-3) and Printz v. United States (1997) and Independent Business v. Sebelous (2012).
These cases validate the doctrine that the Federal government has no power to force state agencies or officers to do what the Federal government orders them to do. The Federal government can require actions for the state to receive funds from the Federal government, but that is all.
Legislatively, the bill would protect Second Amendment rights by refusing to allow any state officers to enforce any Federal laws considered infringements on Second Amendment rights by the definitions of the bill. Those include any taxes, stamps, or fees exclusively applied to firearms, accessories, or ammunition. It applies to any registration or tracking of those items.
No person would have the authority, under the State of Missouri, to enforce those measures.
The proposed bill has teeth.
Anyone who deprives a citizen of Missouri of Second Amendment rights under color of law would be subject to lawsuit or other redresses. Sovereign, official or qualified immunity would not apply. State officers who violate the law would be ineligible for employment by the state in any law enforcement or law enforcement supervisory capacity, or by any political subdivision of the state.
This is a very tough, very comprehensive bill.
It seems to nullify several existing federal statutes, such as the National Firearms Act of 1934, the Gun Control Act of 1968, and the Brady law. Such measures could be enforced by federal agents, but not by people employed by the State of Missouri or its political subdivisions. Very few cases could be brought by Federal Agents alone.
This is not the first time SAPA has been pushed in Missouri. In 2013, a very similar bill to SB 367 was passed by the House and the Senate. Governor Jay Nixon vetoed it. A veto override failed because two senators switched their votes.
In 2014, a similar bill had passed the House. It looked likely to pass the Senate, but legislative maneuvering by the House leader, John Diehl allowed for an amendment of the bill just minutes before the end of the session. According to mofirst.org:
John Diehl chose none of those options. Instead, he waited, and waited, until 5:40 pm when there was only 20 minutes left, to pass an amended HB 1439 and send it to the Senate. That made the bill an easy target for a liberal filibuster. HB 1439 was on the senate floor with ultra-liberal Sen. Jolie Justus filibustering it when the final bell rang on the last day of the year’s legislative session..
The final entry on HB 1439’s Action page tells the rest of the story: “Taken Up – Time expired pursuant to the Constitution.” John Diehl purposely killed the Second Amendment Preservation Act and tried to make it look like it was the Senate’s fault.
Several of the key players who opposed SAPA in 2013 and 2014 are gone. John Diehl resigned over a sex and text scandal. Senators who opposed the bill have left.
Both the current Governor, Mike Parson, and Lt. Governor Mike Hehoe supported the bill previously.
Exactly what will happen if the bill passes is unknown.
If signed into law I am sure law enforcement officers in Missouri will not be sending people found with short barreled rifles or silencers to the BATFE for prosecution since under this law they would lose their jobs.
Exactly what else will happen remains to be seen.
Bonus Video Explanation of SB 367
About Dean Weingarten:
Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30-year career in Army Research, Development, Testing, and Evaluation.
I Live in California, and Im tired of being considered a law breaker by those whom are sworn to uphold the law yet break the law while upholding there opinions. If I stand by the constitution and what is written in it I am considered a radical while treated as if I’m trying to start an uprising. Yet I am a patriot and believe that my constitution sets me free from this kind of discrimination, and is further written in the 4th Amendment. If my 2nd amendment is being violated which it is in this stated according to the constitution,… Read more »
You are more than welcome here it is a nice start to live in if you can deal with the weather lol.
The hell they are!
Hey F off. It’s not our fault we were born and raised in a state like Illinois with corrupt leaders.
I left my home state of Illinois 32 years ago and never looked back. Have lived in Missouri ever since. Missouri is a wonderful place to call home. We don’t call them gun laws here, we call them gun owner protections.
The “ANTI-AMERICAN PARTY” AKA the DEMOCRATS need to be outlawed. Our constitution has worked fine for over 200 years but the Socialist/Communist in the DEMOCRAT party are intent to destroying our nation. It is time to charge PIG-LOSI and her crew with treason and dispose of them.
Let us not forget AOC, and the Camel(s) in the tent…
I am all for this bill and I am a democrat. I would like to point out that not all democrats are anti-gun in fact most of the democrats that I know have more firearms then the republicans that I know. I would also like to point out that the Democratic Party is not a anti American group because if you would read a history book you would see that In fact the Democratic Party was formaly the Republican Party that made very large steps in American history involving the constitution and was renamed later. So next time you go… Read more »
They forget the 2 President’s that limited that signed limiting firearms sales = Reagan and Bush and now Trump has banned the bump stock. Go NRA!
I live in one the the commie states Illinois or as most people call it $hitcago. I was really looking to move to Texas or Nebraska but now I’m seriously looking at Missouri. Does anyone know if anyone is hiring in Missouri? God bless America.
No. Stay out. You let the commies make your bed for you in Il so you can damned lie in it.
Some people in the “commie” states consistently vote and oppose the “ruling” class, it is not fair, right ,or just to say that all residents of those stales “allowed it to happen” when they did/do all within their power and law to oppose it. In CA it is three cities voting population that outnumber the rural areas that run the state. Several counties in CA would be more like MO. if they were States those residents would be a great addition to any other State.
Plenty of jobs here. Depends on your profession.
Look at the web site Indeed
This bill hasn’t even been schedule to put to a vote yet! It’s gutsy someone proposed it, but it still has a long ways to go. Please, Ammoland, encourage people to contact their government representatives and show support of this bill. Premature celebration is not effective!
I would like to see the state of Tennessee do the same
All 50 States….
You and me both, my man. You and me, both.
But does this mean that when a person that commits a federal crime, do they lose their right to bear arms? I don’t know what the federal law is on that and if it is included in this new Missouri law.
It’s a downhill spiral here in MA for us, we need all the help we can get!
unfortunately for you few patriots: unofficial MA motto, we are the carpet-muncher & dhimmi state. from paul revere & company to mealy and warren.
If you are referring to this legal gun legislation, that also protects our 2nd Amendment to the Constitution for which we all STAND, then your in the wrong counrty and State.
Thanks Missouri! It’s going to be an uphill battle in other States, but our Founder’s faught for it and so has every generation since. They laid down their fortunes and very lives for these principles. Those that fight against our Constitution and Bill or Rights………..YOUR OUTNUMBERED!
Stand your ground my friend..
WHILE YOU’RE AT IT, EVERYBODY EAT MORE BEANS..
IF WE KEEP AOC, AND THE OTHER LIBTARDS, BUSY PLUGGING GAS HOLES WITH CORKS, THEY WON’T BE ABLE TO ACCOMPLISH THEIR AGENDA!
Call the AOC hotline to report the methane gas.. Let’s bury them with their own Sh*t!
Remember people, no meat on Mondays, in NYC! So eat more Beans..
On AOC, learn and find out truly who she is… Better sit for this one.
https://youtu.be/1h5iv6sECGU
About damn time! Every state in the Union needs to follow suit! A shame a law needs to be passed to make the FED follow the law of the Constitution. Way to go MO!
The guy who built a suppressor in KS and the guy who bought it, did they not get prosecuted and found guilty in Federal Court for violating federal nfa laws, all the while Kansas having similar law on the books and they relied upon the State law to protect them? With respect to this proposed legislation, 1.440 proposes “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 infringements….”. Sounds good……..BUT:… Read more »
Exactly what I posted as the first post below. I think originally KS law did authorize and even demand the arrest of the feds who would violate it, they took that out because it would not have passed with it, thus it was allowed to pass because it was worthless
Yep – feel good poobah by public servants who can boast look what we did……nothing!
You sir, and your demented ilk, are a ‘ clear and present danger, not only to our country but to the entire planet…and having said that…the Judicial System here in Missouri and evidently in ALL STATES will play God as is their won’t with this legislation with no reprisal available to citizens….they fit into (your ilk) as well.
What “Missouri red flag laws?” Missouri does not HAVE a “red flag” law!
Bravo ! I wish Georgia would do this !
I wish WA would grow a set and stand up for the 2A .
We never have any crimes that could justify the need for gun control. It’s all the Cali communist coming here and brain washing everyone into thinking anyone with a scary ar15 is a soon to be mass killer.
I love my state but this crap is BS.
keep up the good fight Missouri.
Much love for your state.
From Vancouver,WA
Brandon, we have traitors in this state and no mater what facts you present to those in Olympia, they will never support our rights. They have forgotten our history and the only way out for all of us is to just to resist and repeat history.
From Elma, WA
Idaho put virtually the same law into effect on 21 March 2014.
Here is a great article on a very similar topic about how the Feds are making an unconstitutional grab for semi-automatics and large capacity mags. It is a long read, but I am well briefed on the topic now. https://nationalfirearmslaw.com/unlimited-capacity-for-error/
We’re looking for land there right now.
Sounds as if Free America has finally caught on to Oath Breaking Elected Servants and their assumption that they have more power than what is delegated to them in the Constitution.
Dean, would you please draft model legislation that could be used by any state to officially designate semiautomatics as the preffered militia arm that the state’s residents are expected to privately own?
Having any single state adopt an explicit statutorily reliance on private gun ownership as it’s preffered method of insuring a pool of armed citizens exists from which a militia may be raised would surely frustrate a future assault weapons ban.
I hope it passes… As a Missourian this is most exciting thing ever!
Time to pack your bags and head to Missouri. 🙂
All good people will be welcome here. We need to get the numbers up to where Kansas City, St. Louis and Springfield can no longer run over us!
States with few population centers filled with democrats have a chance at getting bills such as this passed. Densely populated states will have a more difficult time.
I guess im not big enough to post here.my comment never got posted. ANYBODY LISTENING IN AMMOLAND???
Its nice living in missouri
I wish the Senators and Congressman of PA would grow a set and pass a bill protecting the rights of gun owners,But it seem that PA is always the last one to do anything for it’s sportsman and Woman
Well done, Senator Eric Burlison, Representative Jered Taylor, and representative Jeff Pogue!
Wow! What’s the tax structure like in Big Mo?
State income tax: 5.9%…down from 6.0%. Sales tax 4.2% state with local taxes can be 6-13+%. Real Estate tax based on some little beau rat’s appraisal of unrealized “market” value. Have to fight tax commission every two years to minimize their pocket picking. Not even the IRS taxes on unrealized gains…..at least not yet. Personal property on cars, etc is about $8-10/100 valuation at about 27% of NADA. Missouri picks at you every where. I’m looking right now to chose another state of domicile. Can still own house in Missouri, but “live” elsewhere in a Class A tag axle diesel… Read more »
I responded at length to your tax structure inquiry in MO…..but TTAG did not post it. Look before your leap or we might collide as I leap out. Wanna buy couple of houses cheap? Planning to go the Class A tag axle diesel pusher route. New state of domicile and travel full time. Working on decisions….guns and financial facilitations still being explored. Rural MO is great; big cities are Democrat cesspools of welfare victims and never gonna do wells shooting and killing each other. About 60 shell casings on major street as Blues hockey fans entering game last night. Dems… Read more »
We need this legislation in all the states.
Missouri “The Show Me” state, they will show all of U.S. what a Strong State Government is by definition! I am from The Great State of Texas but our state is being infiltrated by communist demoncraps escaping califartia and other communist west coast areas and also the communist east coast. They are like the illegals coming across our borders, they say they are leaving their countries of origin, because of mainly financial oppression but are flying the flag of the country that they say they Hate!! Well the west coast demoncrap communist and the east coast ones or coming to… Read more »
same as me – amen, sir
A lot of good that type of law did in KS recently. The feds just come in and do what they want anyways. I am not sure the GOA will get far helping but unlike the traitorous NRA they are at least doing something to help the 2a rather than sponsoring bills to kill it like the NRA has been doing for nearly a hundred years now.
d-suckers can exercise gun “control” @ their own risk
Every state should have this on the law books!!
They do already…Every State is Signatory to the same Compact.
That is true. Too bad that in this day and age we think that we need a law to enforce the law. National Reciprocity is ALREADY the law. (And, I live by and exercise it.)
I love it, I love it!
Proud to be from the Show-Me…
Shove your gun control schemes up your Dumb-A**es Libtards!
exercise gun “control” @ your own risk, d-suckers of America