Missouri Passes No-Commandeering Second Amendment Protection Act to Governor Parson

Missouri Gun Control Allexxandar-iStock-884171048
Missouri Passes No-Commandeering Second Amendment Protection Act to Governor Parson, iStock-884171048

U.S.A.-(AmmoLand.com)- The Missouri legislature has passed HB 85, “Second Amendment Preservation Act”. The bill passed the Senate 22 – 10 and the House 107 – 43.

The bill is a stringent anti-commandeering act that forbids Missouri officials from enforcing or aiding in the enforcement of laws inimical to Second Amendment rights. From mo.gov:

(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;

The law goes much further and allows entities who have been harmed by enforcement of the federal law to sue anyone who violated their Second Amendment rights.

I do not recall seeing this approach used before, although it is somewhat similar to what is being proposed in a recent Texas bill. Both bills are awaiting signature by the governors of the respective states. Both governors have said they will sign the bills. Governor Mike Parson has set a date: 12 June at 2 p.m. Governor Abbott of Texas has not set a date. He has until 20 June to sign the Texas bill. Several other states have passed similar bills, including Arizona.

The bills are a refreshing part of a revival of federalism.  Federalism was designed to curb federal power, in order to keep governance closer to the people.

With the rise of the Progressive philosophy, the administrative state found a way for all branches of government to increase their power at the expense of the people governed.

Both bills are firmly founded in the doctrine of anti-commandeering. The Supreme Court has repeatedly ruled the federal government may not command the states to use state resources for federal purposes.

Senator Burlison of Missouri is quoted as saying the Missouri bill does not prevent the federal government from enforcing its law. From missourinet.com:

“Gun bans directly, magazine bans, attacks on private gun manufacturers, red flag laws and restrictions on individual citizens from buying firearms,” Burlison testified in January. He emphasized that day that his bill does not try to prevent the federal government from enforcing federal gun laws in Missouri.

The left cheered this doctrine when “sanctuary states” refused to aid the federal government in enforcing immigration laws. Now the left claims no such doctrine applies to states who resist laws infringing on Second Amendment rights.

Missouri is one of 28 states which have laws that mirror the ban on weapons listed in the National Firearms Act. Short barreled rifles and shotguns, machine guns and silencers are all banned under Missouri law, with possession only allowed if permitted and licensed under Federal law.

In addition to the sanctuary state law, Texas has passed a law removing the state prohibition on silencers. The silencer or suppressor bill is also awaiting signature by Governor Abbott.


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 retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

Dean Weingarten

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Terry
Terry
22 days ago

Abbot signed it

CourageousLion
CourageousLion
23 days ago

“Gun bans directly, magazine bans, attacks on private gun manufacturers, red flag laws and restrictions on individual citizens from buying firearms,” Burlison testified in January. He emphasized that day that his bill does not try to prevent the federal government from enforcing federal gun laws in Missouri.”

Talk about talking out of both sides of his mouth. So IF the Feds decide to make a “law” that bans guns, magazines, blah blah blah, it will then be allowed? Why don’t they start a STATE militia and tell the Feds to go pound sand??

TStheDeplorable
TStheDeplorable
23 days ago

Sadly, the NFA isn’t going anywhere, and no state law can render a federal law invalid. The ATF’s response will be to remove what meager resources are actually dealing with the dangerous people in the dangerous places and assign them to aggressively making cases in states that dare to not cooperate with them. The ATF’s sole purpose is to preserve its authority (and its employees’ jobs).

CourageousLion
CourageousLion
23 days ago

Really? So you think the 10th amendment has no force and effect if the STATES which were there before the Federal government decided to ARREST anyone violating the 2nd amendment and TRYING them for a violation of a state law and CAGING them can’t happen? So how would the Feds stop it if the States decided to do just that?

Autsin Miller III
Autsin Miller III
23 days ago

Governor Parsons has signed the bill. Both St.Louis and Kansas City have sued to have it overturned. Missouri Firearms Coalition seems to be on top of the fight. If you live in Mo, please join MFC and let’s let Stl and Kc know they dont run the state.

Duane
Duane
24 days ago

The states are sending a strong statement to the Federal government and the courts.

Patriot Solutions
Patriot Solutions
23 days ago
Reply to  Duane

We have reached the right amount of chaos to begin making big moves to fix the country. Just look at what the Republicans are pushing into law for short barreled shotguns, it is only the beginning.

Patriot Solutions
Patriot Solutions
23 days ago

They are getting rid of the NFA fee, registration and brace stuff but it is only the beginning of what is coming. They are going to dismantle all the un-constitutional infringements and go back to Constitutional law per NESARA which is now active. I am seeing the military here taking out the CIA in the DUMB’s in real time. The CIA moved into the DUMB’s here years ago, it is their main base here in America.

Prepare for the truth to be released, nothing can stop what is rolling out!

https://beforeitsnews.com/opinion-conservative/2021/07/situation-update-mass-arrests-of-cia-cabal-assets-over-past-72-hours-gitmo-traffic-up-900-must-video-3587335.html

Last edited 23 days ago by Patriot Solutions
JohnLloydScharf
JohnLloydScharf
23 days ago
Reply to  Duane

If it were a strong statement, the US Supreme Court would be making rulings.

CourageousLion
CourageousLion
23 days ago

The US supreme Court issues OPINIONS.

JohnLloydScharf
JohnLloydScharf
23 days ago
Reply to  CourageousLion

It makes holdings, if you want to play games with words. Their opinions are rulings that have the effect of law.  YOU WIN THE WEASAL AWARD: For distinguished use of words and phases communicating vague or ambiguous impressions that something meaningful has been said.

Ryben Flynn
Ryben Flynn
24 days ago

South Carolina has no restrictions on NFA firearms if the ATF approves the ownership after filing the proper forms and paying the Tax. Those firearms are still subject to restrictions on carry or use like any other firearm.

musicman44mag
musicman44mag
24 days ago

Now that is the kind of news I like to see rather than their coming to take them away and I don’t mean the demonkkkrats to the funny farm with trees and flowers and chirping birds because they have finally filliped their lid.

From the home of the druggie state, OreGONE.

Ram
Ram
23 days ago
Reply to  musicman44mag

I wonder how many now have an earworm of
“They’re coming to take me away”. Well done sir.

CourageousLion
CourageousLion
22 days ago
Reply to  Ram

hahahee…their coming to take me away haha.

Patriot Solutions
Patriot Solutions
24 days ago

You’re doing a really good job Dean covering these stories around the states. Trump could use a good 2A advisor when we put him back in (hint hint).

APG member
APG member
23 days ago

Get Trump back in so he can ban more bump stocks and deny gun owners due process! You are suffering from cognitive dissidence/Stockholm Syndrome, and or you are a Fudd.

Last edited 23 days ago by APG member
JohnLloydScharf
JohnLloydScharf
23 days ago
Reply to  APG member

It never happened.

Xaun Loc
Xaun Loc
23 days ago
Reply to  APG member

The problem wasn’t Trump — the problem was that the person advising him on firearms came from the largest anti-RKBA organization in the country.

The person who advised Trump not just to ban bump stocks, but how to go about circumventing congress to impose a ban was your beloved Wayne LaPierre. This was the same person who also guided the Trump position on so-called Red Flag laws.