Bill to Prohibit Federal Laws in Missouri Awaits Signature

6 years 3 months 1 week 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
JEFFERSON CITY - Moms Demand Action is partnering with Stop the Bleed Coalition to hold crisis first aid training on... More >>
5 hours ago Monday, October 14 2019 Oct 14, 2019 Monday, October 14, 2019 3:40:00 AM CDT October 14, 2019 in News
COLUMBIA - Maries County sheriff's deputies said a drunk driver was to blame in a fatal car crash from early... More >>
12 hours ago Sunday, October 13 2019 Oct 13, 2019 Sunday, October 13, 2019 8:46:00 PM CDT October 13, 2019 in News
COLUMBIA - Drivers on I-70 westbound saw 2 mile long delays around mile marker 124 when the Missouri State Highway... More >>
16 hours ago Sunday, October 13 2019 Oct 13, 2019 Sunday, October 13, 2019 4:18:00 PM CDT October 13, 2019 in News
ROCHEPORT - The Missouri Department of Natural Resources said the number of people using the Katy Trail is down by... More >>
17 hours ago Sunday, October 13 2019 Oct 13, 2019 Sunday, October 13, 2019 3:08:00 PM CDT October 13, 2019 in News
COLUMBIA - The CDC began monitoring the 2019-2020 flu season this weekend. And doctors are urging people to get their... More >>
18 hours ago Sunday, October 13 2019 Oct 13, 2019 Sunday, October 13, 2019 2:55:00 PM CDT October 13, 2019 in Continuous News
COLUMBIA — Six Columbia churches had their first Sunday service with improved emergency health precautions on Oct. 13. The... More >>
18 hours ago Sunday, October 13 2019 Oct 13, 2019 Sunday, October 13, 2019 2:00:00 PM CDT October 13, 2019 in News
HARSTBURG – Celebrating another fall season with pumpkin carving, hayrides and a straw maze, the 28th annual Hartsburg Pumpkin Festival... More >>
1 day ago Sunday, October 13 2019 Oct 13, 2019 Sunday, October 13, 2019 8:00:00 AM CDT October 13, 2019 in News
TOKYO (AP) — A heavy downpour and strong winds pounded Tokyo and surrounding areas on Saturday as a powerful typhoon... More >>
1 day ago Saturday, October 12 2019 Oct 12, 2019 Saturday, October 12, 2019 8:03:00 PM CDT October 12, 2019 in News
LILBOURN, Mo. (AP) — A small earthquake has been reported in southeastern Missouri. The U.S. Geological Survey says... More >>
1 day ago Saturday, October 12 2019 Oct 12, 2019 Saturday, October 12, 2019 7:41:00 PM CDT October 12, 2019 in News
COLUMBIA — One person died after a crash in Cooper County Saturday morning. Haven Pennington, 19, drove her Pontiac... More >>
1 day ago Saturday, October 12 2019 Oct 12, 2019 Saturday, October 12, 2019 4:55:00 PM CDT October 12, 2019 in News
There is 5:40 left in the game. North Kansas City's Ronaldo Calderon kicks a field goal to give the... More >>
1 day ago Saturday, October 12 2019 Oct 12, 2019 Saturday, October 12, 2019 12:36:00 PM CDT October 12, 2019 in News
JEFFERSON CITY — The dome of the Missouri Capitol building will be lit pink in honor of breast cancer... More >>
1 day ago Saturday, October 12 2019 Oct 12, 2019 Saturday, October 12, 2019 12:08:00 PM CDT October 12, 2019 in News
HARTSBURG - The Hartsburg Pumpkin Festival announced parking will be moved to the river roads near the festival grounds. ... More >>
2 days ago Saturday, October 12 2019 Oct 12, 2019 Saturday, October 12, 2019 5:50:44 AM CDT October 12, 2019 in News
COLUMBIA - A Columbia man is behind bars after a search warrant turned up illegal drugs and and a firearm.... More >>
2 days ago Friday, October 11 2019 Oct 11, 2019 Friday, October 11, 2019 10:07:00 PM CDT October 11, 2019 in News
COLUMBIA - Below are scores from football games around mid-Missouri. Final scores are in bold. ... More >>
2 days ago Friday, October 11 2019 Oct 11, 2019 Friday, October 11, 2019 6:39:00 PM CDT October 11, 2019 in Friday Night Fever
COLUMBIA - Friday Night Fever’s Week 7 Game of the Week features an interesting game between a traveling Rockhurst (3-3)... More >>
2 days ago Friday, October 11 2019 Oct 11, 2019 Friday, October 11, 2019 6:10:00 PM CDT October 11, 2019 in Friday Night Fever
COLUMBIA - The Columbia Police Department is asking for the public’s help locating 28-year-old Mengqi Ji Elledge. Elledge was... More >>
2 days ago Friday, October 11 2019 Oct 11, 2019 Friday, October 11, 2019 4:38:00 PM CDT October 11, 2019 in News
NEW FLORENCE - The Missouri State Highway Patrol awarded Randy Nordman and his widow Julie Nordman with the department's highest... More >>
2 days ago Friday, October 11 2019 Oct 11, 2019 Friday, October 11, 2019 3:52:00 PM CDT October 11, 2019 in News
Columbia, MO
Broken Clouds 39°
9am 46°
10am 52°
11am 57°
12pm 61°