Another State Prepares To Nullify Federal Gun Control Laws

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As anti-gunners are ramping up their rhetoric and pushing harder than ever to disarm you and me, some states are starting to wake up and smell the coffee.

As you know, if you’re a regular reader of this site, one state is already looking at ways to nullify Federal red flag laws (see here). But now another state is moving in that direction, too, only they are making an even bigger move.

Legislators in the State of Missouri have prefiled bills for the purpose of making the entire State of Missouri a gun sanctuary.

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In other words, they have their heads screwed on straight about gun ownership. Mike Maharrey gives us the details:

Bills prefiled in the Missouri legislature would set the foundation to create a “gun rights sanctuary state” by banning state and local enforcement of most federal gun control. Passage into law would represent a major step toward ending federal acts that infringe on the right to keep and bear arms within the state in practice and effect.

Sen. Eric Burlison (R-Battlefield) filed Senate Bill 588 (SB588) for introduction in the 2020 legislative session. Rep. Jered Taylor (R-Republic) filed the House companion bill, House Bill 1637 (HB1637). Titled the “Second Amendment Preservation Act,” the legislation would ban any person, including any public officer or employee of the state and its political subdivisions, from enforcing any past, present or future federal “acts, laws, executive orders, administrative orders, court orders, rules, or regulations” that infringe on the right to keep and bear arms.

The bills include a detailed definition of actions that qualify as “infringement,” including but not limited to:

taxes and fees on firearms, firearm accessories or ammunition that would have a chilling effect on firearms ownership;

registration and tracking schemes applied to firearms, firearm accessories or ammunition that would have a chilling effect;

any act forbidding the possession, ownership, or use or transfer of a firearm, firearm accessory, or ammunition by law-abiding citizens;

any act ordering the confiscation of firearms, firearm accessories, or ammunition from law-abiding citizens.

The proposed law defines “law-abiding citizen” as “a person who is not otherwise precluded under state law from possessing a firearm.”

Under the proposed law, infringement on the right to keep and bear arms would include the National Firearms Act of 1934, the Gun Control Act of 1968. Pres. Trump’s bump-stock ban, proposed federal “red-flag laws,” and any future gun control schemes implemented by the federal government.

The legislation includes a provision that would allow anybody who violates the law and knowingly deprives somebody of their right to keep and bear arms as defined by the law to be sued for damages in civil court.

“Sovereign, official, or qualified immunity shall not be an affirmative defense in such actions.”

The bills also include provisions that would apply to federal agents who knowingly enforce or attempt to enforce any of the infringing acts identified in the law, or who give material aid and support to such enforcement efforts.

Under the proposed law, they would “be permanently ineligible to serve as a law enforcement officer or to supervise law enforcement officers for the state or any political subdivision of the state.” This would also apply to state or local law enforcement agents working with federal task forces or deputized by federal agencies.

In other words, Missouri law enforcement officers who cooperate with the feds in a violation of a person’s right to keep and bear arms would lose their jobs and never be able to work in Missouri law enforcement again.

Now, if you’re like many people who aren’t familiar with the inner workings of state and Federal government, you may wonder how this can actually work, but as Maharrey points out in that same piece, the Federal government relies heavily on the states to enforce Federal law. If a state government does not enforce that law, they have, effectively, nullified the law.

And Maharrey also points out that there is a legal precedent for states to take this step based on the anti-commandeering doctrine which is based on several Supreme Court rulings. In a nutshell, this legal doctrine says that the Federal government must provide the means to enforce their own laws and cannot make states cooperate to do that.

Of course, even the Federal government has some limits to their means, and they simply don’t have the resources to enforce everything. Thus, if a state doesn’t cooperate, that state nullifies that Federal law.

It will be interesting to see what happens, but based on what is happening in some states which are currently run by anti-gunners, it seems likely to me that many people are going to consider moving from Virginia, California, and New York to Missouri, Oklahoma, and other gun friendly states. This will be worth keeping an eye on.

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17 COMMENTS

  1. This is a awesome email, this is what needs to happen and be focused on and put on the news, not the democrat bull shit, why arnt any of those ass holes that was working with hilary in jail with her, are they that much above the law over us, we would be in jail. Every body pray they have an accident.

  2. I’m not sure of the consequences of nullifying NFA 34 (full-auto machine guns, etc) –
    but Missouri appears ready to go whole-hog on the absolute “SHALL NOT BE INFRINGED”.
    If this becomes Law, look for violent crime to drop off the charts. SHOW ME you can do this!

    • I wouldn’t worry about nullifying the NFA; supposedly a ban on MG’s it also banned the single shot Stevens Bicycle Rifle and Marble’s Game Getter. Any criminal who wants a MG will get it of the black market anyway – just like the bank robbers did. Lawmakers tend to be clause-happy when writing restrictive laws and the results tend to have bad results.

      • There have been less than a handful of killings with any form of legal privately owned full automatic weapon since 1934, nor were there before 1934. Machine guns are NOT any real threat from lawful owners to anyone. Even the the two examples used to justify the NFA were not lawful owners of the firearms, Barrow and Dillinger both stole their guns. So the NFA was a lie from the very start. All it does is remove these tools from the hands of lawful citizens, who are not rich enough, or powerful enough, to get special exemptions for themselves as is the case with almost all current machine gun owners.

        Unlawful illegally converted semi automatic rifles have been used in many crimes however. Just proving that criminals will get their weapon of preference, no matter what the law says.

  3. SCOTUS desperately needs to take VERY SERIOUS hint from Missouri. They seem almost afraid to speak up for the constitution (especially the 2nd A ) The wording of this Missouri filing is so plain and inclusive, it begs a HURRAH ! Hey SCOTUS , how about it, an all inclusive ruling on some 2nd A case. Just like the Missouri filing, everything and all things (and give extensive examples of infringements ) and as a final declaration to the SCOTUS ruling would be a plain and simple statement and examples of unconstitutional laws (at last 20 to start with) that have been enacted in many states and cities. And include a strict warning that SCOTUS will be watching for any future infringements or attempts thereof, and offering PRE-rulings of unconstitutional filings.

    • I can’t speak for the legislators authoring the bill. But they have to know that the lawsuits will be filed the second the Governor signs it into law. That may be part of the purpose of making the law so strong and broad. This could be the challenge to all the illegal laws that have been enacted for almost 90 years. Perhaps ginsberg and/or another will go to their eternal “reward” preserved for all unbelievers.

  4. At least there is a small, but BRIGHT light coming out of this “gun control” DEBACLE. If the gun control laws were in effect in TEXAS (thank GOD they weren’t), a LOT more than 2 people could have been hurt or KILLED if the shooter wasn’t shot DEAD (like he SHOULD have been) in that church shooting. The Democrat Virginia Governor should AT least be RECALLED, if not hauled away in HANDCUFFS for TREASON to the U.S. Constitution AND the Citizens of Virginia. Virginia needs to have an EMERGENCY Gun Bill like the one in Missouri to protect these precious GUN RIGHTS especially if an incident happens like this happens in Virginia, or ANY other states. Take heed! ATTEMPTED ILLEGAL gun control laws ARE coming OUR way . . . We must STOP them at ALL costs . . . The Founding Fathers SAW this coming and THAT is why our 2nd Amendment Rights MUST be protected. Team Trump and his allies 2020.

    • Problem is that Virginia is controlled by Democrats urban Democrats don’t care about saving lives; all they care about is power and the illusion of protection (such as same old gun laws that don’t work) in order to stay in power. There is a big split now between rural Dems and urban Dems.Some Dems have talked about using UN troops to enforce their draconian laws; well, since our Posse Comitatus Law prohibits using our military as “Posse Comitatus” (Latin for police) – after all, their jobs are different – then it is treasonous to use foreign troops (which the UN would be) for that purpose. Of course, the DNC doesn’t care the north end of a southbound rat about our Constitution.

  5. the feds don’t need local law enforcement. They will simply use the IRS. Garnish your income, seize your bank account, foreclose on your home. Control your wealth, they control you. That’s more terrifying that local PD.

  6. Sounds pretty good to me! I live in western Kansas. If Missouri passes it, Kansas should too!

  7. I am in the commie state of NY where the Cuomo boys think they are the two kings. The gov Andrew and CNN Jackass Chris are as dumb as they come. The people of NY better wake up and get of Fredo and his brother num-nuts the little boy playing governor and screwing up all the time. Vote republican if you want to keep liberty and freedom

  8. God bless this legislator in Missouri for authoring this bill when it passes hopefully other 2A states will follow suit in doing the same, the said thing is my state is controlled by Dumbacratcs who are as ignorant as congress is about the 2a.

  9. “Effectively” nullified? That’s good for starters. But that’s only in fact, de facto, informal. Over the long haul, that’s not good enough. It must be du jour, formal, BY LAW, and in fact, enforced accordingly as a matter of principle: the principle of unalienable individual rights, the basic principle of the United States as set forth in our Founding Documents. That makes it impossible to overturn by the leftists, except by overturning the whole country at once, not piecemeal as they’ve done, by our leave, for over 100 years.

    Any legislation by leftists is NOT law and is null and void as per their perverted substance, thus perverting process, or rule, of law. If leftists have legislation of perverted substance “duly” established by process or rule of law, that process or rule is automatically perverted, and the legislation is null and void.

    We have the power, the physical power, and the legal and moral authority to summarily overturn that legislation and any regulations or “judicial” decisions coming from it.

    We can face down all these criminal thugs and their criminal backers by whatever means necessary. If they refuse to back down, we can back them down. The only thing I’m not saying here is, let’s do it. I’m not saying that. There is still room to talk, argue and to try to convince.

  10. The ENTIRE USA should be ruled by one, and only one, law concerning any and all firearms in America, The Second Amendment. SHALL NOT BE INFRINGED means exactly that, no other law should have ever been allowed after those words were written in The Bill of Rights. No other part of the Constitution is so strongly worded as The Second Amendment. For good reason as the Founding Fathers knew, without the ability to overthrow a corrupt government, a corrupt government is all that we would have given time since power will always birth corruption given time.

    As such any politician who so much as proposes any law that contravenes The Second Amendment are guilty of violating the Constitution of The United States of America, and their oath of office. They should be charged as such, and then convicted and disciplined to the full extent of the law, up to and including being hanged for treason.

    The only reason we are in the shape we are in today, is that the unlawful actions of politicians of the past and present have been allowed to stand. All unlawful, unconstitutional laws should be overturned immediately. America should return to the original principals of The Founding Fathers and set America back on a proper path where in JUSTICE is sought, not legality as laws are far too often corrupt from the day they are written.

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