“The powers not delegated to the United States by the constitution, nor prohibited to it by the states, are reserved to the states respectively, or to the people.” – The Tenth Amendment
On Monday, a Missouri Senate panel passed HB 1439 — the Second Amendment Preservation Act — along party lines by a vote of 5 yays and 2 nays.
The bill, previous passed by the Missouri House 110-36, seeks to render all federal gun regulations null and void within the “Show Me State.”
Borrowing the very language of Thomas Jefferson’s Kentucky Resolutions of 1798, HB 1439 declares that the Missouri Government will not grant “unlimited submission” to the federal government in regards to the natural right to own and operate arms for defense.
The bill, if passed by the Senate and signed by Governor Jay Nixon, would prohibit within the State’s borders’ all “federal acts, laws, executive orders, administrative orders, court orders, rules, and regulations” that would infringe upon “the people’s right to keep and bear arms, as guaranteed by the Second Amendment of the Constitution of the United States and article I, section 23 of the Constitution of Missouri.”
The bill specifically prohibits the following:
- Any tax, levy, fee, or stamp imposed on firearms, firearm accessories, or ammunition not common to all other goods and services which might reasonably be expected to create a chilling effect on the purchase or ownership of those items by law-abiding citizens;
- Any registering or tracking of firearms, firearm accessories, or ammunition which might reasonably be expected to create a chilling effect on the purchase or ownership of those items by law-abiding citizens;
- Any registering or tracking of the owners of firearms, firearm accessories, or ammunition which might reasonably be expected to create a chilling effect on the purchase or ownership of those items by law-abiding citizens;
- Any act forbidding the possession, ownership, or use or transfer of a firearm, firearm accessory, or ammunition by law-abiding citizens; and
- Any act ordering the confiscation of firearms, firearm accessories, or ammunition from law-abiding citizens.
HB 1439 also states that the “no health care professional licensed in [Missouri], nor anyone under his or her supervision, shall be required by law” to “(1) Inquire as to whether a patient owns or has access to a firearm; (2) Document or maintain in a patient’s medical records whether such patient owns or has access to a firearm; or (3) Notify any governmental entity of the identity of a patient based solely on the patient’s status as an owner of, or the patient’s access to, a firearm.”
The Second Amendment Preservation Act also makes enforcement of federal gun laws by federal or state agents a crime, punishable by imprisonment.
While this legislative effort by the Missouri government is an act of nullification, keep in mind that nullification does not seek to void actual law but artificial law — what the Declaration of Independence calls “pretended legislation.” Through HB 1439, Missouri legislators are actually seeking to uphold the law — the law of their State, the law of the General Government, and the law of Nature — where the federal government is not.
On behalf of grassroots activists, Conservative Action Alerts has delivered more than 9,850 petitions to State governments in favor of nullifying unconstitutional controls on firearms.
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