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.
State Senator Brian Nieves, sponsor of the bill, said that, if enacted, his legislation would preserve the protections of the Second Amendment in Missouri. “This is primarily purposed to protect liberties of Missourians,” said Nieves.
Citing the Missouri state Constitution and the 10th Amendment to the U.S. Constitution, the measure restates the scope of federal authority as intended by our Founders.
SB 613 states that federal supremacy does not apply to federal laws that restrict or prohibit the manufacture, ownership, and use of firearms, firearm accessories, or ammunition within the state “because such laws exceed the scope of the federal government's authority.”
Any and all federal laws attempting to 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 are invalid according to relevant provisions in the legislation.
Perhaps preparing for the implementation this year of the United Nations Arms Trade Treaty as called for by President Obama, SB 613 forbids enforcement in Missouri of “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.”
Furthermore, the bill states that “it is the duty of the courts and law enforcement agencies to protect the rights of law-abiding citizens to keep and bear arms.”
Should the bill be passed by the House and signed by the governor, all public officers and state employees would be stripped of any authority to enforce firearms laws declared invalid by the act.
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Photo: Missouri state capitol building