Little-Acorn
09-11-2013, 12:14 PM
The Missouri legislature has passed a bill repudiating Federal laws that restrict or ban various guns. Federal officials have tried to protest that Federal law supersedes state law, but that only holds true for Federal laws that are Constitutional.
In 1934, heavy restrictions were placed on short-barrelled shotguns and machine guns by the National Firearms Act (NFA). When a man was arrested for having a short-barrelled shotgun that had been transported across state lines, a Federal district court ruled that the NFA was an unconstitutional infringement on his 2nd amendment right to keep and bear arms. When the case was later appealed to the Supreme Court, the defendant and his lawyers never showed up for the trial, so the Justices ruled against them, stating that no one had refuted the government's arguments in favor of the NFA. Since then, Federal law has added even more restrictions.
Now states are beginning to point out the unconstitutionality of Federal gun bans and restrictions, and pass their own laws to protect their citizens' 2nd amendment rights. Missouri is the latest.
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http://myfox8.com/2013/09/11/missouri-gun-bill-would-allow-machine-guns-for-residents/
Missouri gun bill would allow machine guns for residents
Posted on: 7:19 am, September 11, 2013, by CNN Wire
KEARNEY, Missouri — The Missouri state legislature is trying to accomplish something that’s never been done: pass a law that’ll not only let residents own a machine gun, but also arrest federal agents if they try to take it away. What’s more, the bill would make it illegal for anyone to publish any information about a gun owner.
“There are people saying this is the same as seceding from the Union,” said gun owner Kevin Jamison. “Missouri did not secede from the Union in 1862, and it does not do so by passing this law.”
The legislation already passed once through the Republican-led House and Senate — only to be vetoed by Democratic Gov. Jay Nixon. Nixon argued that the legislation violated a provision in the U.S. Constitution called the Supremacy Clause. The Supremacy Clause gives preference to federal laws over state laws.
Lawmakers insist what they’re proposing is not only constitutional, but essential to protect the rights of gun owners.
So Wednesday, the legislature votes to overide the veto. The author of the bill is optimistic. “This bill doesn’t put one new gun on the street,” State Representative Doug Funderburk told CNN. “It strictly says that Missouri is going to protect the Second Amendment rights of Missourians.”
By superseding current federal regulations, House Bill 436 would make it a criminal offense to enforce background checks or to publish the name and address of a gun owner in the state. It would also allow citizens to own a machine gun, which is banned under federal regulations. Most importantly, it will nullify federal gun laws and make it a misdemeanor for a federal agent to attempt to enforce them.
In 1934, heavy restrictions were placed on short-barrelled shotguns and machine guns by the National Firearms Act (NFA). When a man was arrested for having a short-barrelled shotgun that had been transported across state lines, a Federal district court ruled that the NFA was an unconstitutional infringement on his 2nd amendment right to keep and bear arms. When the case was later appealed to the Supreme Court, the defendant and his lawyers never showed up for the trial, so the Justices ruled against them, stating that no one had refuted the government's arguments in favor of the NFA. Since then, Federal law has added even more restrictions.
Now states are beginning to point out the unconstitutionality of Federal gun bans and restrictions, and pass their own laws to protect their citizens' 2nd amendment rights. Missouri is the latest.
-----------------------------------
http://myfox8.com/2013/09/11/missouri-gun-bill-would-allow-machine-guns-for-residents/
Missouri gun bill would allow machine guns for residents
Posted on: 7:19 am, September 11, 2013, by CNN Wire
KEARNEY, Missouri — The Missouri state legislature is trying to accomplish something that’s never been done: pass a law that’ll not only let residents own a machine gun, but also arrest federal agents if they try to take it away. What’s more, the bill would make it illegal for anyone to publish any information about a gun owner.
“There are people saying this is the same as seceding from the Union,” said gun owner Kevin Jamison. “Missouri did not secede from the Union in 1862, and it does not do so by passing this law.”
The legislation already passed once through the Republican-led House and Senate — only to be vetoed by Democratic Gov. Jay Nixon. Nixon argued that the legislation violated a provision in the U.S. Constitution called the Supremacy Clause. The Supremacy Clause gives preference to federal laws over state laws.
Lawmakers insist what they’re proposing is not only constitutional, but essential to protect the rights of gun owners.
So Wednesday, the legislature votes to overide the veto. The author of the bill is optimistic. “This bill doesn’t put one new gun on the street,” State Representative Doug Funderburk told CNN. “It strictly says that Missouri is going to protect the Second Amendment rights of Missourians.”
By superseding current federal regulations, House Bill 436 would make it a criminal offense to enforce background checks or to publish the name and address of a gun owner in the state. It would also allow citizens to own a machine gun, which is banned under federal regulations. Most importantly, it will nullify federal gun laws and make it a misdemeanor for a federal agent to attempt to enforce them.