Missouri Lawmaker Asks Anti-Nullification AG to Rule on Pro-Gun Bills

By:  Joe Wolverton, II, J.D.
04/24/2014
       
Missouri Lawmaker Asks Anti-Nullification AG to Rule on Pro-Gun Bills

The Missouri legislature’s progress on protecting the right of its citizens to keep and bear arms has hit a roadblock.

On April 22, the Kansas City Star reported, “Sen. Will Kraus, a Republican, on Monday said he was seeking an opinion from Attorney General Chris Koster on the legality of a pair of bills lawmakers are now considering.”

As The New American reported earlier this month:

Two separate bills are working their way through the two houses of the Missouri state legislature, both of which are aimed at protecting citizens of the Show Me State from the impending federal gun grab.

Senate Bill 613, the Second Amendment Preservation Act, explicitly nullifies all federal actions infringing on the right to keep and bear arms as protected by the Second Amendment, declaring:

All federal acts, laws, executive orders, administrative orders, court 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.

For its part, that state Senate will soon vote on HB 1439, a similar bill already passed by the House and also called the Second Amendment Preservation Act.

Considered by most to be a weaker version of the Senate measure, HB 1439 likewise aims to protect the right of Missourians to keep and bear arms, guarding this right from the near constant assault of the federal government.

The measure begins by accurately rehearsing the boundary between state and federal authority as drawn by the Constitution:

Acting through the United States Constitution, the people of the several states created the federal government to be their agent in the exercise of a few defined powers, while reserving to the state governments the power to legislate on matters which concern the lives, liberties, and properties of citizens in the ordinary course of affairs;

Whenever the federal government assumes powers that the people did not grant it in the Constitution, its acts are unauthoritative, void, and of no force;

The several states of the United States of America respect the proper role of the federal government, but reject the proposition that such respect requires unlimited submission. 

If the government, created by compact among the states, was the exclusive or final judge of the extent of the powers granted to it by the states through the Constitution, the federal government's discretion, and not the Constitution, would necessarily become the measure of those powers. To the contrary, as in all other cases of compacts among powers having no common judge, each party has an equal right to judge for itself as to when infractions of the compact have occurred, as well as to determine the mode and measure of redress.

Specifically, the legislation declares:

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