Missouri State Rep Introduces 2nd Amendment Protection Bill

By:  Joe Wolverton, II, J.D.
01/18/2013
       
Missouri State Rep Introduces 2nd Amendment Protection Bill

Earlier this week, Missouri State Representative Casey Guernsey introduced a bill that would prevent the federal government from seizing weapons owned by citizens of his state.

On Wednesday, President Barack Obama surrounded himself with children masquerading as human theater props, announcing that he will issue a fistful of edicts aimed at eradicating gun violence. But critics of his proposals have often noted that criminals who have no problem committing murder will not somehow suddenly bend their violent will to the will of the president.

One state legislator in Missouri recognizes the federal anti-gun policy for what it is: an unconstitutional, illogical, and ill-fated gun grab.

On Tuesday, January 15, Missouri State Representative Casey Guernsey (R-Bethany) introduced a bill that would prevent the president from seizing weapons owned by citizens of the Show Me State. He said of his measure,

It is simply legislation to protect the basic Second Amendment rights given to Missouri citizens in the Constitution to keep and bear arms in their homes. The real problem and the real issue and one I found people don’t seem to focus on is the fact that we got an administration willing to cut into our Second Amendment right by executive order which, by view of a lot of people in Missouri that I’ve been talking to over the last couple months, is unconstitutional in and of itself.

The bill — HB 170, appropriately titled the Second Amendment Preservation Act — would nullify all acts of Congress, executive orders, and regulations that infringe on the right of the individual to own and possess guns and ammunition.

In relevant part, Guernsey’s bill reads:

Any official, agent, or employee of the federal government who enforces or attempts to enforce any act, order, law, statute, rule, or regulation of the federal government upon a personal firearm, a firearm accessory, or ammunition that is owned or manufactured commercially or privately in the state of Missouri and that remains exclusively within the borders of the state of Missouri shall be guilty of a class D felony.

Conviction of a class D felony in Missouri carries a possible sentence of four years in prison.

Nullification is a concept of constitutional law recognizing the right of each state to nullify, or invalidate, any federal measure that exceeds the few and defined powers allowed the federal government as enumerated in the Constitution.

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