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Gun Bill Would Make Future Federal Gun Laws Illegal in Mo.

Posted: Jan 15, 2013 2:39 PM by Matt Evans
Updated: Jan 15, 2013 7:04 PM

Rating: 4.0 (56 votes)

JEFFERSON CITY - State Rep. Casey Guernsey, R- Bethany, filed legislation Tuesday that would outlaw any federal gun laws in the state of Missouri aimed at banning any kinds of guns from being enforced. It would also make any new gun laws dealing with semi-automatic weapons or magazine size illegal to be enforced in the state of Missouri. House Bill 170 would make it a felony for state or federal law enforcement officers to enforce new federal gun laws and one clause reads:

"Any federal law, rule, regulation, or order created or effective on or after January 1, 2013 shall be unenforceable in the state of Missouri if the law, rule, regulation or order attempts to:
(1) Ban or restrict ownership of a semi-automatic firearm or any magazine of a firearm; or
(2) Require any firearm, magazine, or other firearm accessory to be registered in any manner."

Guernsey said he has several co-sponsors of the bill and expects the bill to have bi-partisan support because several Democrats own guns and support gun rights. He also said it's important to have safeguards in place if the federal government passes a law that would ban firearms.

"The reason we're having this discussion and the reason we're looking at legislation like this is because of the actions of President Obama and Vice President Biden and the very discussion of what they're planning on doing, which is confiscating our guns," said Guernsey.

Although Guernsey says he expects the bill to have bi-partisan support, Minority Floor Leader, Rep. Jacob Hummel, D-St. Louis City, says he won't support the bill.

"I think if you look at what's happened at Sandy Hook and across the country for all these issues I don't see how anyone could turn a blind eye to the gun violence in this country," said Hummel. "It is an ongoing problem that - to me - seems to just be intensifying."

Guernsey says his bill is also in response to gun control advocates trying to "take away" guns.

"[Some people] use that unfortunate tragic incident in Connecticut to use it as a vehicle to get what they've wanted for a long time and that's to take away our guns," said Guernsey.

But Hummel says he thinks the bill is ignoring major issues and calls the bill "insensitive."

"I think this is a sound bite for someone that's looking to make political points. I think it's incredibly insensitive to what's happened across the country," said Hummel.

Guernsey said he modeled the legislation over Wyoming's "Firearms Protection Bill." That bill would make it illegal in Wyoming to enforce any federal law banning semi-automatic firearms or limiting the size of magazines.

Guernsey's bill comes the day before President Barack Obama will reveal his proposals aimed at countering gun violence. According to White House spokesman Jay Carney the proposals will be announced Wednesday and will include, "the assault weapons ban, including a measure to ban high-capacity magazine clips, including an effort to close the very big loopholes in the background check system in our country."

Here is the full bill text to Guernsey's bill, HB 170:

"It shall be unlawful for any officer or employee of this state, or any political subdivision, or any federal firearms dealer licensed under 19 USC Section 923 to enforce or attempt to enforce any act, law, statute, rule or regulation of the federal government relating to a personal firearm, firearm accessory, or ammunition that is owned or manufactured commercially or privately in the state of Missouri and that remains exclusively within the boundaries of the state of Missouri.

"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.

"Any person in violation of a federal law relating to the manufacturing, sale, transfer, or possession of a firearm, a firearm accessory, or ammunition owned or manufactured and retained exclusively within the boundaries of the state of Missouri may request the attorney general to defend him or her for such violation.

"Any federal law, rule, regulation, or order created or effective on or after January 1, 2013 shall be unenforceable in the state of Missouri if the law, rule, regulation or order attempts to:
(1) Ban or restrict ownership of a semi-automatic firearm or any magazine of a firearm; or
(2) Require any firearm, magazine, or other firearm accessory to be registered in any manner."

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