Bill to Prohibit Federal Laws in Missouri Awaits Signature

4 years 1 month 2 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
COLUMBIA - Construction workers are wrapping up the building expansion on the Columbia Boys and Girls Club. The Boys... More >>
1 hour ago Monday, August 21 2017 Aug 21, 2017 Monday, August 21, 2017 7:04:00 PM CDT August 21, 2017 in News
FULTON - A car theft in Fulton led to a wreck that left three hospitalized Monday afternoon. According to... More >>
1 hour ago Monday, August 21 2017 Aug 21, 2017 Monday, August 21, 2017 7:04:00 PM CDT August 21, 2017 in News
COLUMBIA - Gasps and cheers went up from crowds from around the world gathered across mid-Missouri for the total solar... More >>
4 hours ago Monday, August 21 2017 Aug 21, 2017 Monday, August 21, 2017 3:44:00 PM CDT August 21, 2017 in News
JEFFERSON CITY - The total solar eclipse lasted for only a few short minutes, but the anticipation of the rare... More >>
4 hours ago Monday, August 21 2017 Aug 21, 2017 Monday, August 21, 2017 3:39:00 PM CDT August 21, 2017 in News
BOONVILLE – Eclipse viewers gathered at the Boonville Airport to watch the total solar eclipse in a point of 100... More >>
4 hours ago Monday, August 21 2017 Aug 21, 2017 Monday, August 21, 2017 3:28:00 PM CDT August 21, 2017 in News
COLUMBIA - The University of Missouri began classes Monday with the second highest retention rate in the university's history, according... More >>
4 hours ago Monday, August 21 2017 Aug 21, 2017 Monday, August 21, 2017 3:27:00 PM CDT August 21, 2017 in News
COLUMBIA - Viewers throughout mid-Missouri sent in photos and video documenting the solar eclipse that swept across the state Monday.... More >>
5 hours ago Monday, August 21 2017 Aug 21, 2017 Monday, August 21, 2017 2:57:00 PM CDT August 21, 2017 in Eclipse Events
ST. JOSEPH (AP) — Two men face felony charges after shots were fired at police during a vehicle pursuit in... More >>
6 hours ago Monday, August 21 2017 Aug 21, 2017 Monday, August 21, 2017 1:55:15 PM CDT August 21, 2017 in News
CHILLCOTHE (AP) — Authorities are investigating after an officer was involved in a shooting in northern Missouri. The St.... More >>
6 hours ago Monday, August 21 2017 Aug 21, 2017 Monday, August 21, 2017 1:43:00 PM CDT August 21, 2017 in News
KANSAS CITY, Mo. (AP) — Authorities are investigating after an off-duty officer was killed and a woman was wounded at... More >>
6 hours ago Monday, August 21 2017 Aug 21, 2017 Monday, August 21, 2017 1:31:00 PM CDT August 21, 2017 in News
LEE'S SUMMIT (AP) — Police in suburban Kansas City are on the hunt for a man accused of stealing a... More >>
7 hours ago Monday, August 21 2017 Aug 21, 2017 Monday, August 21, 2017 1:19:00 PM CDT August 21, 2017 in News
ST. LOUIS (AP) — Attorneys for a condemned Missouri inmate warn that the state is preparing to execute a potentially... More >>
7 hours ago Monday, August 21 2017 Aug 21, 2017 Monday, August 21, 2017 12:51:00 PM CDT August 21, 2017 in News
ANNAPOLIS (AP) — Authorities in eastern Missouri's Iron County are investigating a shooting death in a rural area. Th... More >>
9 hours ago Monday, August 21 2017 Aug 21, 2017 Monday, August 21, 2017 10:57:00 AM CDT August 21, 2017 in News
CAMDEN COUNTRY - The Camden County Sheriff's Office is asking for the public's help identifying two people who stole a... More >>
10 hours ago Monday, August 21 2017 Aug 21, 2017 Monday, August 21, 2017 10:14:00 AM CDT August 21, 2017 in News
COLUMBIA - Clouds dissipated enough for many people in mid-Missouri to get a good view of the total solar eclipse.... More >>
12 hours ago Monday, August 21 2017 Aug 21, 2017 Monday, August 21, 2017 7:58:00 AM CDT August 21, 2017 in Eclipse Events
BOWLING GREEN (AP) — A rural northeast Missouri man is charged with fatally shooting his stepson. Pike County... More >>
13 hours ago Monday, August 21 2017 Aug 21, 2017 Monday, August 21, 2017 6:53:54 AM CDT August 21, 2017 in Continuous News
SEDALIA - A trespasser was hit and killed by an Amtrak train near the Sedalia train station Sunday evening. ... More >>
14 hours ago Monday, August 21 2017 Aug 21, 2017 Monday, August 21, 2017 5:52:00 AM CDT August 21, 2017 in News
ST. LOUIS (AP) — Rural Missouri is preparing for its moment in the sun. Check that: Its moment out of... More >>
16 hours ago Monday, August 21 2017 Aug 21, 2017 Monday, August 21, 2017 4:25:00 AM CDT August 21, 2017 in Continuous News
Columbia, MO
Broken Clouds 80°
9pm 79°
10pm 78°
11pm 77°
12am 76°

Select a station to view its upcoming schedule:

Coming Up Next

7:00p
American Ninja Warrior
9:00p
Midnight, Texas
10:00p
KOMU 8 News @ 10
8:00p
Hooten & the Lady
9:00p
KOMU 8 News @ Nine on The CW
9:30p
Seinfeld

Tonight's Schedule

7:00p
American Ninja Warrior
9:00p
Midnight, Texas
7:00p
Supergirl
8:00p
Hooten & the Lady
9:00p
KOMU 8 News @ Nine on The CW
9:30p
Seinfeld