Posted by Michael Boldin
Jefferson City, Mo (May 8, 2013) – Tonight, the Missouri State House voted to send Governor Jay Nixon what could arguably be the strongest defense against federal gun control measures in American history. The vote was 116-38.
HB436, introduced by Representative Doug Funderburk in February, was initially passed by the House in April by a vote of 115-42. Last week, the State Senate approved the bill with an amendment which did not change any of its nullification aspects. The vote there was 26-6. The bill then needed one final vote in the house which happened just before 10pm local time this evening.
The votes in both the House and Senate are by a strong veto-proof majority. Local activist Matt Radcliffe acknowledged as much when he said, “Governor Nixon can do nothing and it will automatically become law July 1st. Or he can sign it into law. Or he can veto it then his veto will be overridden in the house and it will become law anyway!”
As law, HB436 would nullify virtually every federal gun control measure on the books – or planned for the future. It reads, in part:
All federal acts, laws, orders, rules, and regulations, whether past, present, or future, which 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 shall be invalid in this state, shall not be recognized by this state, shall be specifically rejected by this state, and shall be considered null and void and of no effect in this state.
(2) Such federal acts, laws, orders, rules, and regulations include, but are not limited to:
(a) The provisions of the federal Gun Control Act of 1934;
(b) The provisions of the federal Gun Control Act of 1968;
(c) Any tax, levy, fee, or stamp imposed on firearms, firearm accessories, or ammunition not common to all other goods and services which could have a chilling effect on the purchase or ownership of those items by law-abiding citizens;
(d) Any registering or tracking of firearms, firearm accessories, or ammunition which could have a chilling effect on the purchase or ownership of those items by law-abiding citizens;
(e) Any registering or tracking of the owners of firearms, firearm accessories, or ammunition which could have a chilling effect on the purchase or ownership of those items by law-abiding citizens;
(f) Any act forbidding the possession, ownership, or use or transfer of any type of firearm, firearm accessory, or ammunition by law-abiding citizens; and
(g) Any act ordering the confiscation of firearms, firearm accessories, or ammunition from law-abiding citizens.
The legislation also includes misdemeanor criminal penalties if agents of the federal government attempt to enact gun control measures that violate the Constitution of the United States and State Constitution of Missouri.
The immediate effect of the law would be as follows:
1. All state and local law enforcement would be required to stop enforcing, or even providing any assistance in enforcing, federal gun control measures – all of them.
2. Grassroots activists should immediately start pressing local governments – county, city and town – to pass an ordinance which a) states an unwavering dedication to the new law passed, and b) requires all local law enforcement and all government assets to immediately cease in the enforcement of federal gun control measures.
- Bill Nullifying Acts Violating The Second Amendment Passes Missouri Senate 26-6 (familysurvivalprotocol.com)
- States Fight Back: Louisiana & Texas pass Federal Gun Control Nullification Acts (intellihub.com)
- Eric Holder Threatens Kansas in Letter on Gun Control Nullification Law (familysurvivalprotocol.com)
- Missouri Legislature Declares Federal Gun Laws ‘Unenforceable’ (readersupportednews.org)
- Missouri Lawmakers Pass Bill Nullifying Federal Gun Control Laws (stlouis.cbslocal.com)
- Kansas Secretary of State Read Eric Holder’s Threat, Responds With Verbal Body Slam (libertynews.com)
- Kansas, Justice Department on nullification collision course (maddowblog.msnbc.com)