JEFFERSON CITY, MO – On May 13th, the Missouri State Senate passed legislation prohibiting police from enforcing a number of federal gun control laws in the state, according to reports.
The move by the state senate falls in line with a handful of other states and localities that have passed similar bills in light of gun control concerns.
Second Amendment Victory! https://t.co/jxIDMqna3P
— Breitbart News (@BreitbartNews) May 15, 2021
Back in January, Senator Eric Burlison of Missouri had begun calling for legislation that would defend Missourians’ Second Amendment rights by nullifying any gun control measures proposed by President Joe Biden.
The bill at the time was referred to as the “Second Amendment Preservation Act”, which noted the following within the description of the bill:
“This act declares as invalid all federal laws that infringe on the right to bear arms under the Second Amendment to the U.S. Constitution and Article I, Section 23 of the Missouri Constitution.
Some laws declared invalid under this act include certain taxes, certain registration and tracking laws, certain prohibitions on the possession, ownership, use, or transfer of a specific type of firearm, and confiscation orders as provided in the act.”
Missouri state Sen. Eric Burlison is pushing legislation to protect Second Amendment rights by nullifying any gun controls Joe Biden enacts.
Push your state legislation to follow their lead bc Biden’s gun grab is coming!https://t.co/bLG9FBTGPU
— Bobby Davis (@USPatriot1st) January 25, 2021
The act further pointed out that, “no public officer or state or local employee has the authority to enforce firearms laws declared invalid by the act,” and state-level authorities caught in violation of such could be subjected “to a civil penalty of $50,000.”
On the evening of May 13th, the bill passed in a 22-10 vote in favor. Reportedly, the bill was passed along party lines, with all Democrats voting against and Republicans voting in favor.
Apparently, similar efforts have sauntered around the state legislature for roughly five years without making any serious traction. Yet, the election of President Joe Biden apparently motivated officials to get the bill passed.
Senator Burlison wanted to clarify that the introduction of this law doesn’t mean any potential federal gun laws would be unenforceable against residents of the state – he simply noted that federal authorities will have to enforce them by themselves:
“We’re not eliminating federal firearms laws in Missouri. We’re just simply saying we’re not going to lift a finger to enforce their rules.”
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As mentioned earlier, other states have accomplished similar legislation with respect to deterring enforcement efforts of any federal gun control efforts that breach state laws defining firearms.
One such state is Arizona.
Back in April, we at Law Enforcement Today reported on the recently signed legislation in Arizona.
Here’s that previous report.
ARIZONA – Arizona Republican Governor Doug Ducey recently took a stand for the Constitution: He signed into law legislation that would ban any sort of enforcement of federal firearm laws which would be deemed to violate the Second Amendment.
The landmark legislation that serves as a win for those among the pro-Second Amendment crowd came to fruition despite efforts and petitions launched against it by none other than Michael Bloomberg’s Everytown for Gun Safety.
Arizona Gov. Doug Ducey (R) signed legislation Tuesday to bar in-state enforcement of any federal firearm laws which violate the Second Amendment. https://t.co/fWILNslmit
— Breitbart News (@BreitbartNews) April 8, 2021
Governor Doug Ducey signed into law HB 2111 on April 6th, which has been dubbed as the “2nd Amendment Firearm Freedom Act” that had been passed by both the Arizona House and Senate back in March.
The purpose of the bill is as simple as it sounds, in that it’s an effort to preemptively counteract any potential federal gun laws that might infringe upon the Second Amendment or state law in Arizona regarding firearms.
Back on February 24th, the House passed the bill quite narrowly in a 31 to 29 vote in favor of the bill.
Arizona Lawmakers Sending ‘Firearm Freedom’ Bill to Gov. Doug Ducey’s Desk
— Dave Jones (@mdj17) March 31, 2021
On March 30th, the Senate voted 17 to 13 in favor of the bill which then saw it handed over to the governor’s desk on March 31st. One week after landing on the governor’s desk, the bill was signed on April 6th.
Now this of course will undoubtedly raise concerns regarding the Supremacy Clause and the doctrine of preemption. The aforementioned serves as a means to reiterate that federal law will always supersede state law.
However, the Supremacy Clause and the doctrine of preemption has been flagrantly disregarded by the states for several years.
Said flagrant disregarding of such can be seen with states that have passed laws allowing the recreational use of marijuana, or states that have created effective legal shields for illegal immigrants via barring cooperation with federal authorities to enable immigration enforcement.
Essentially, HB 2111 is not really all that different in spirit when compared to states and localities that have adopted “sanctuary laws.”
Maricopa County Sheriff Paul Penzone is slightly critical of HB 2111, but not necessarily because he’s against the Second Amendment.
Sheriff Penzone’s concerns are the potential confusion it could present to law enforcement within the state, as well as noting that it’s perhaps arbitrary creating a state law to back the Constitution since the document cannot be legally subverted already:
“You could make the easy argument saying it’s a state practice – the person has a right to bear arms, therefore you’re in conflict with that.
Now you’re putting officers or deputies in this position where they’re questioning whether or not some other entity will determine if it’s in conflict with the Second Amendment, therefore do we act on it? And that’s where it creates problems.
“Whether you are very much in support of the second amendment, whether you have concerns about gun laws – the Constitution is its own entity. It has its protections. If you violate the Second Amendment, you don’t need a state statute to say that is unlawful or unconstitutional.”
Maricopa County Sheriff Paul Penzone said an Arizona gun bill designed to ensure the Second Amendment is not violated was confusing and put law enforcement in an awkward position.https://t.co/YAHFYAd9Dh
— KTAR News 92.3 (@KTAR923) April 2, 2021
The Maricopa County Sheriff said that he’s not going to pay too much mind to this new legislation, and instead stay hyper focused on deterring prohibited possessors from gaining access to firearms:
“My priority right now is the loophole issue. We still are allowing for firearms, whether it’s small capacity or large capacity weapons to get in the hands of people who, if they went through that legal process that applies in certain circumstances, would be prohibited from that purchase.
“So it’s how do we do a better job making sure people we know should not lawfully possess a firearm, that we’re doing our best to get the weapons out of their hands.”
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Author: Gregory Hoyt
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