Bill to Prohibit Federal Laws in Missouri Awaits Signature

4 years 9 months 3 weeks ago Monday, July 01 2013 Jul 1, 2013 Monday, July 01, 2013 10:52:00 AM CDT July 01, 2013 in News
By: Brendan Cullerton
loading

COLUMBIA - A bill sitting on Gov. Jay Nixon's desk would prevent the enforcement of certain federal gun laws in Missouri.

House Bill 436 states any federal acts, "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" will not be recognized by the state of Missouri. Included in the bill's unrecognized laws are the federal Gun Control Acts of 1934 and 1968.

The bill would not only nullify these laws and prohibit their enforcement by state officials, but it would label any enforcement by state or federal officials a Class A Misdemeanor.

Osage County Sheriff Michael Dixon, a Republican, supports the measure. He said he serves the constitution and the laws of Missouri above all else.

"I carry a pocket copy of the constitution at all times," Dixon said. "It is my duty to protect the constitution, and that constitution guarantees the right to bear arms."

Dixon also said the bill is not aiming to enable purchase of guns by criminals, but to protect law-abiding citizens. But communications law Professor Sandra Davidson said the bill would create a dangerous environment in Missouri.

"I don't want to be portrayed as someone who wants to take all guns away," Davidson said. "I was raised with guns, and I know many people use them for hunting, but if you say you need a Tommy Gun to go hunting, my question is what are you trying to hunt?"

The federal Gun Control Act of 1934, one of the bill's targeted laws, does currently require machine guns, sawed off rifles and sawed off shotguns to be taxed and registered with the U.S. Department of Treasury. If HB 436 passed, these requirements would no longer apply in Missouri.

Davidson and Dixon agreed on one thing. They said if this bill passes the legislature, there would certainly need to be details hammered out in court. Federal law does reign supreme on matters of interstate commerce, and this bill would be in direct violation of multiple federal laws. However, as Dixon pointed out, there are some state laws that enable the sale of marijuana in direct violation of federal law. He said if these laws go unchecked, it is possible this one won't either. Davidson said she hopes the federal government would not treat the gun laws and marijuana laws equally.

"Marijuana is not going to kill someone like a machine gun will," Davidson said. "I would hope the federal government would not treat this law like marijuana laws."

The bill would also lower the concealed-carry age to 19.

All of these arguments could go away if Nixon vetoes the bill, but due to Republican supermajorities in the Missouri house and senate, it is possible such a veto could be overridden. Then it would be up to the court system to decide which argument is correct.

More News

Grid
List
MEXICO, Mo. – Approximately one year after President Trump took office, the lives of DACA recipients hang in the balance.... More >>
5 hours ago Sunday, April 22 2018 Apr 22, 2018 Sunday, April 22, 2018 7:35:00 PM CDT April 22, 2018 in News
COLUMBIA - The official weather station on MU's Campus at Sanborn Field is “completely destroyed” after a vandalism incident either... More >>
5 hours ago Sunday, April 22 2018 Apr 22, 2018 Sunday, April 22, 2018 7:29:00 PM CDT April 22, 2018 in News
COLUMBIA - Heavy flames billowed right behind the Aldi on Green Meadows Road Sunday as fire destroyed a delivery truck.... More >>
7 hours ago Sunday, April 22 2018 Apr 22, 2018 Sunday, April 22, 2018 5:48:00 PM CDT April 22, 2018 in News
COLUMBIA - The Columbia Area Earth Day Festival featured local vendors, food trucks and live music Sunday. The festival... More >>
8 hours ago Sunday, April 22 2018 Apr 22, 2018 Sunday, April 22, 2018 4:20:00 PM CDT April 22, 2018 in News
BOONVILLE - An electronic music festival by the name "Boonphoria" has attendees wondering if the event was just a money... More >>
9 hours ago Sunday, April 22 2018 Apr 22, 2018 Sunday, April 22, 2018 3:49:00 PM CDT April 22, 2018 in News
ELDON - Flags are at half staff all throughout Miller County, as residents honor the life of Deputy Casey Shoemate.... More >>
9 hours ago Sunday, April 22 2018 Apr 22, 2018 Sunday, April 22, 2018 3:39:00 PM CDT April 22, 2018 in News
COLUMBIA - A local organization sought to raise awareness about renewable energy by having people exert some. Renew Missouri,... More >>
18 hours ago Sunday, April 22 2018 Apr 22, 2018 Sunday, April 22, 2018 6:31:00 AM CDT April 22, 2018 in News
JEFFERSON CITY - Friday was the anniversary of the Columbine shooting, and on Saturday, members of the Jefferson City community... More >>
1 day ago Saturday, April 21 2018 Apr 21, 2018 Saturday, April 21, 2018 10:03:00 PM CDT April 21, 2018 in News
COLUMBIA - U.S. Rep. Vicky Hartzler, R- Harrisonville announced the winner of her annual congressional art competition Saturday afternoon. ... More >>
1 day ago Saturday, April 21 2018 Apr 21, 2018 Saturday, April 21, 2018 4:29:00 PM CDT April 21, 2018 in News
COLUMBIA - Community members took laps around the MizzouRec Saturday to raise money for Relay For Life of Mizzou’s main event,... More >>
1 day ago Saturday, April 21 2018 Apr 21, 2018 Saturday, April 21, 2018 3:14:00 PM CDT April 21, 2018 in News
LAKE OZARK - For the past five years, Osage Heritage Elementary has hosted a Color Run to raise funds for... More >>
1 day ago Saturday, April 21 2018 Apr 21, 2018 Saturday, April 21, 2018 1:29:00 PM CDT April 21, 2018 in News
CLAYTON (AP) — A former St. Louis-area teacher will be on five years of probation for having sex with a... More >>
1 day ago Saturday, April 21 2018 Apr 21, 2018 Saturday, April 21, 2018 8:43:59 AM CDT April 21, 2018 in News
UNIVERSITY CITY (AP) — A former St. Louis-area day care teaching assistant has been found guilty of molesting a 5-year-old... More >>
1 day ago Saturday, April 21 2018 Apr 21, 2018 Saturday, April 21, 2018 8:40:09 AM CDT April 21, 2018 in News
JEFFERSON CITY -- Firefighters responded to a structure fire in the 100 block of E. Ashley St. at 11:08 p.m.... More >>
1 day ago Saturday, April 21 2018 Apr 21, 2018 Saturday, April 21, 2018 6:27:00 AM CDT April 21, 2018 in News
JEFFERSON CITY (AP) — Missouri legislators approved numerous changes Thursday to local elections, including allowing voters to request absentee ballots... More >>
1 day ago Saturday, April 21 2018 Apr 21, 2018 Saturday, April 21, 2018 5:27:13 AM CDT April 21, 2018 in News
MILLER COUNTY - Casey Shoemate, a 26-year-old Miller County sheriff's deputy, died Friday night after colliding head-on with another vehicle... More >>
2 days ago Friday, April 20 2018 Apr 20, 2018 Friday, April 20, 2018 10:05:00 PM CDT April 20, 2018 in News
COLUMBIA- Retailer Sears will close its Columbia Mall store this summer because the location has become unprofitable. Sears Director... More >>
2 days ago Friday, April 20 2018 Apr 20, 2018 Friday, April 20, 2018 8:46:00 PM CDT April 20, 2018 in News
COLUMBIA- A local non-profit organization, Columbia Access Television, hosted a 24-hour film contest that started Friday at 5:30 pm. ... More >>
2 days ago Friday, April 20 2018 Apr 20, 2018 Friday, April 20, 2018 7:13:00 PM CDT April 20, 2018 in News
Columbia, MO
Broken Clouds 57°
1am 57°
2am 56°
3am 54°
4am 54°