Monday - May 13, 2013

You Say You Want A Revolution

Well, you know ...

Jefferson City, Mo (May 8, 2013) – Tonight, the Missouri State House voted to send Governor Jay Nixon what could arguably be the strongest defense against federal gun control measures in American history. The vote was 116-38.

HB436, introduced by Representative Doug Funderburk in February, was initially passed by the House in April by a vote of 115-42.  Last week, the State Senate approved the bill with an amendment which did not change any of its nullification aspects. The vote there was 26-6.  The bill then needed one final vote in the house which happened just before 10pm local time this evening.

The votes in both the House and Senate are by a strong veto-proof majority.  Local activist Matt Radcliffe acknowledged as much when he said, “Governor Nixon can do nothing and it will automatically become law July 1st.  Or he can sign it into law. Or he can veto it then his veto will be overridden in the house and it will become law anyway!”

As law, HB436 would nullify virtually every federal gun control measure on the books – or planned for the future.

selected quotes from the bill that will brings tears to your eyes:

1.320. 1. This section shall be known and may be cited as the “Second Amendment Preservation Act”.

2. The general assembly finds and declares that:

(1) The general assembly of the state of Missouri is firmly resolved to support and defend the United States Constitution against every aggression, either foreign or domestic, and the general assembly is duty bound to watch over and oppose every infraction of those principles which constitute the basis of the Union of the States, because only a faithful observance of those principles can secure the nation’s existence and the public happiness;

(2) Acting through the United States Constitution, the people of the several states created the federal government to be their agent in the exercise of a few defined powers, while reserving to the state governments the power to legislate on matters which concern the lives, liberties, and properties of citizens in the ordinary course of affairs;

(3) The limitation of the federal government’s power is affirmed under the Tenth Amendment to the United States Constitution, which defines the total scope of federal power as being that which has been delegated by the people of the several states to the federal government, and all power not delegated to the federal government in the Constitution of the United States is reserved to the states respectively, or to the people themselves;

(4) Whenever the federal government assumes powers that the people did not grant it in the Constitution, its acts are unauthoritative, void, and of no force;
(5) The several states of the United States of America are not united on the principle of unlimited submission to their federal government.

3. (1) All federal acts, laws, orders, rules, and regulations, 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 and Article I, Section 23 of the Missouri Constitution shall be invalid in this state, shall not be recognized by this state, shall be specifically rejected by this state, and shall be considered null and void and of no effect in this state.

(2) Such federal acts, laws, orders, rules, and regulations include, but are not limited to:

(a) The provisions of the federal Gun Control Act of 1934;

(b) The provisions of the federal Gun Control Act of 1968;

(c) Any tax, levy, fee, or stamp imposed on firearms, firearm accessories, or ammunition not common to all other goods and services which could have a chilling effect on the purchase or ownership of those items by law-abiding citizens;

(d) Any registering or tracking of firearms, firearm accessories, or ammunition which could have a chilling effect on the purchase or ownership of those items by law-abiding citizens;

(e) Any registering or tracking of the owners of firearms, firearm accessories, or ammunition which could have a chilling effect on the purchase or ownership of those items by law-abiding citizens;

(f) Any act forbidding the possession, ownership, or use or transfer of any type of firearm, firearm accessory, or ammunition by law-abiding citizens; and

(g) Any act ordering the confiscation of firearms, firearm accessories, or ammunition from law-abiding citizens.

[3.2] (d) In the absence of any reasonable and articulable suspicion of criminal activity, no person carrying a concealed or unconcealed handgun shall be disarmed or physically restrained by a law enforcement officer unless under arrest; and

(e) Any person who violates this subdivision shall be subject to the penalty provided in section 571.121.

160.665. [6.] 1. Any school district within the state may designate one or more elementary or secondary school teachers or administrators as a school protection officer. The responsibilities and duties of a school protection officer are voluntary and shall be in addition to the normal responsibilities and duties of the teacher or administrator. Any compensation for additional duties relating to service as a school protection officer shall be funded by the local school district, with no state funds used for such purpose.

2. Any person designated by a school district as a school protection officer shall be authorized to carry concealed firearms in any school in the district and shall be required to keep such firearm on his or her person at all times while on school property. Any school protection officer who violates this subsection shall be removed immediately from the classroom and subject to employment termination proceedings.

3. Any person designated as a school protection officer may detain, on view, any person the officer sees violating or who such officer has reasonable grounds to believe has violated any law of this state, including a misdemeanor or infraction, or any policy of the school.

And no, it isn’t the “Wild West”. The bill sets out a fair number of use regulations, age limitations, and so forth (looks like switchblades are still illegal in MO), as is within the power of the state. But there is nothing in there that bans automatic weapons, semi-automatic weapons, firearms above a certain caliber, below a certain length (open carry is limited to firearms 16” long or shorter). No magazine capacity limits, no rules about certain types or calibers of ammunition being illegal, and so forth.

I do not know if this bill nulls out any other gun laws in that state. Mostly it reaffirms that Federal Power is limited, federal arm twisting by denying money is illegal, federal limitations on the Second Amendment are illegal, and if a town wants to have “Skool Kops” they can go right ahead and have them, on their own dime, and those people can be armed if otherwise qualified and trained. It even gives them limited powers of detention. All in all I’d say it was one fine piece of legislation.


You say you’ll just ignore the Constitution
Well, you know
We all want to change your head
You tell me it’s your institution
Well, you know
We’d better free our land instead


I don’t know about sleeping giants awakening, but in Missouri I think somebody large has an eye open and is looking for some coffee.

Posted by Drew458     on 05/13/2013 at 03:12 PM   
Filed Under: • FREEDOM • Guns and Gun Control •  
• Comments (6) • Trackbacks(0)  Permalink •  

DISCLAIMER

THE SERVICES AND MATERIALS ON THIS WEBSITE ARE PROVIDED "AS IS" AND THE HOSTS OF THIS SITE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE EXTENT PERMITTED BY LAW INCLUDING BUT NOT LIMITED TO WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE OR ANY MATERIALS.

Not that very many people ever read this far down, but this blog was the creation of Allan Kelly and his friend Vilmar. Vilmar moved on to his own blog some time ago, and Allan ran this place alone until his sudden and unexpected death partway through 2006. We all miss him. A lot. Even though he is gone this site will always still be more than a little bit his. We who are left to carry on the BMEWS tradition owe him a great debt of gratitude, and we hope to be able to pay that back by following his last advice to us all:

1. Keep a firm grasp of Right and Wrong
2. Stay involved with government on every level and don't let those bastards get away with a thing
3. Use every legal means to defend yourself in the event of real internal trouble, and, most importantly:
4. Keep talking to each other, whether here or elsewhere

It's been a long strange trip without you Skipper, but thanks for pointing us in the right direction and giving us a swift kick in the behind to get us going. Keep lookin' down on us, will ya? Thanks.

THE INFORMATION AND OTHER CONTENTS OF THIS WEBSITE ARE DESIGNED TO COMPLY WITH THE LAWS OF THE UNITED STATES OF AMERICA. THIS WEBSITE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES OF AMERICA AND ALL PARTIES IRREVOCABLY SUBMIT TO THE JURISDICTION OF THE AMERICAN COURTS. IF ANYTHING ON THIS WEBSITE IS CONSTRUED AS BEING CONTRARY TO THE LAWS APPLICABLE IN ANY OTHER COUNTRY, THEN THIS WEBSITE IS NOT INTENDED TO BE ACCESSED BY PERSONS FROM THAT COUNTRY AND ANY PERSONS WHO ARE SUBJECT TO SUCH LAWS SHALL NOT BE ENTITLED TO USE OUR SERVICES UNLESS THEY CAN SATISFY US THAT SUCH USE WOULD BE LAWFUL.

Copyright © 2004-2015 Domain Owner