Missouri Legislature Set To Nullify Federal Gun Laws
August 30, 2013 by Ben Bullard
In what would be one of the most far-reaching peacetime attempts by a U.S. State to negate a Federal law that imposes restrictions exceeding those found in the Constitution, the Missouri State Legislature is expected to override a Governorâ€™s veto and criminalize the enforcement of Federal gun laws throughout the State.
The Republican majority in the Legislature is being joined by a handful of Democrats in overriding Democratic Governor Jay Nixonâ€™s veto of HB 436 — also known as the â€śSecond Amendment Preservation Actâ€ť — last month. Nixon had rejected the bill on the grounds that, predictably, it violates the Supremacy doctrine and also includes punitive provisions — such as allowing for citizens to sue reporters who connect them with gun ownership or to sue officers who attempt a Federal gun arrest — that violate the 1st Amendment.
Observers believe, though, that when the Legislature convenes on Sept. 11, both chambers will have the numbers necessary to override Nixonâ€™s veto. In the original vote, the measure passed the House 116-38 and the Senate 26-6.
Legislative Democrats seem to favor the bill because itâ€™s politically expedient to satisfy the will of people.
â€śBeing a rural-area Democrat, if you donâ€™t vote for any gun bill, it will kill you,â€ť House Democrat Ben Harris told FOX News. â€śThatâ€™s what the Republicans want you to do is vote against it, because if you vote against it, theyâ€™ll send one mailer every week just blasting you about guns, and youâ€™ll lose.â€ť
In addition, some Democrats see a vote in favor of overriding the veto as a no-harm, no-foul proposition, since many feel that a subsequent court challenge would succeed in striking down the nullification law.
Part of the Federal-State battle is a principled conflict over government infringement on the 2nd Amendment right to bear arms. But for many Republicans both in Missouri and nationwide, itâ€™s about Federal encroachment on State powers generally, whether over gun rights, State voter-approved medical marijuana use or the nullification of Obamacare in some States.
A Montana law that sought a lesser measure of State control over unConstitutional Federal gun laws had been in effect since 2009. That law, the Montana Firearms Freedom Act, exempts from Federal regulation any gun (with exceptions for fully automatic guns and large-bore military firearms) that has remained in the State since the time of its in-State manufacture, dating back to October of 2009. But even though that law was worded specifically to comply with the Constitutionâ€™s interstate commerce provisions, the 9th U.S. Circuit Court of Appeals struck it down just last week.