Missouri House Proposes Jail Time for Feds Violating the 2nd Amendment

[Doc91678]

by Jim Hoft
January 16, 2013

Missouri conservatives proposed a bill that will punish feds violating the Second Amendment with jail time. The Tenth Amendment Center reported: Introduced by Missouri State Representative Casey Guernsey, with 61 co-sponsors, is the Missouri 2nd Amendment Preservation Act. House Bill …

The Tenth Amendment Center reported:


Introduced by Missouri State Representative Casey Guernsey, with 61 co-sponsors, is the Missouri 2nd Amendment Preservation Act. House Bill 170 (HB170) would nullify any and all federal acts, orders, laws, statutes, rules, or regulations of the federal government on personal firearms, firearm accessories, and ammunition.

The bill states, in part:

“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.”




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Missouri House Proposes Jail Time for Feds Violating the 2nd Amendment | The Gateway Pundit

 

[ogibillm]

we have a sane governor but our legislature is bat shit crazy and getting crazier by the day.

 

[Dr Grump]

by Jim Hoft
January 16, 2013

Missouri conservatives proposed a bill that will punish feds violating the Second Amendment with jail time. The Tenth Amendment Center reported: Introduced by Missouri State Representative Casey Guernsey, with 61 co-sponsors, is the Missouri 2nd Amendment Preservation Act. House Bill …

The Tenth Amendment Center reported:


Introduced by Missouri State Representative Casey Guernsey, with 61 co-sponsors, is the Missouri 2nd Amendment Preservation Act. House Bill 170 (HB170) would nullify any and all federal acts, orders, laws, statutes, rules, or regulations of the federal government on personal firearms, firearm accessories, and ammunition.

The bill states, in part:

“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.”




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Missouri House Proposes Jail Time for Feds Violating the 2nd Amendment | The Gateway Pundit

More looniness from the right...Good luck with that....

 

[Missourian]

we have a sane governor but our legislature is bat shit crazy and getting crazier by the day.

I half agree with you.

I like and voted for Governor Nixon.

And part of the reason was he allowed the expansion of gun rights in Missouri.

NRA-ILA | Missouri: Governor Signs Two NRA-Backed Bills into Law Today

 

[Missourian]

by Jim Hoft
January 16, 2013

Missouri conservatives proposed a bill that will punish feds violating the Second Amendment with jail time. The Tenth Amendment Center reported: Introduced by Missouri State Representative Casey Guernsey, with 61 co-sponsors, is the Missouri 2nd Amendment Preservation Act. House Bill …

The Tenth Amendment Center reported:


Introduced by Missouri State Representative Casey Guernsey, with 61 co-sponsors, is the Missouri 2nd Amendment Preservation Act. House Bill 170 (HB170) would nullify any and all federal acts, orders, laws, statutes, rules, or regulations of the federal government on personal firearms, firearm accessories, and ammunition.

The bill states, in part:

“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.”




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Missouri House Proposes Jail Time for Feds Violating the 2nd Amendment | The Gateway Pundit

More looniness from the right...Good luck with that....

Nothing loony about it Doc. The federal government has no power to regulate intrastate commerce.

Enforcing Missouri law and upholding the Missouri Constitution is NEVER loony.

 

[ogibillm]

we have a sane governor but our legislature is bat shit crazy and getting crazier by the day.

I half agree with you.

I like and voted for Governor Nixon.

And part of the reason was he allowed the expansion of gun rights in Missouri.

NRA-ILA | Missouri: Governor Signs Two NRA-Backed Bills into Law Today

come on. you have to have noticed that our legislature has gone off the deep end proposing and passing laws that they really have not business messing with but that get them attention in rabid right wing circles.

and yes, i like nixon. he's a good one - i just hope that with the republican super-majority in both houses he's able to reign in the crazy like he was before.

 

[Missourian]

Missouri Constitution Article 1, Section 23:

Section 23. That the right of every citizen to keep and bear arms in defense of his home, person and property, or when lawfully summoned in aid of the civil power, shall not be questioned; but this shall not justify the wearing of concealed weapons.

Missouri – General Assembly

 

[Missourian]

we have a sane governor but our legislature is bat shit crazy and getting crazier by the day.

I half agree with you.

I like and voted for Governor Nixon.

And part of the reason was he allowed the expansion of gun rights in Missouri.

NRA-ILA | Missouri: Governor Signs Two NRA-Backed Bills into Law Today

come on. you have to have noticed that our legislature has gone off the deep end proposing and passing laws that they really have not business messing with but that get them attention in rabid right wing circles.

and yes, i like nixon. he's a good one - i just hope that with the republican super-majority in both houses he's able to reign in the crazy like he was before.

Can you give me an example?

 

[ogibillm]

Missouri Constitution Article 1, Section 23:

Section 23. That the right of every citizen to keep and bear arms in defense of his home, person and property, or when lawfully summoned in aid of the civil power, shall not be questioned; but this shall not justify the wearing of concealed weapons.

Missouri – General Assembly

and now we can conceal and carry. i'm not a big fan of that but not really opposed.

but the proposed legislation is just flat out unconstitutional, and the people proposing it have to know as much - which means they're doing it for publicity only.

does that make you proud of them?

 

[Missourian]

Missouri Constitution Article 1, Section 23:

Section 23. That the right of every citizen to keep and bear arms in defense of his home, person and property, or when lawfully summoned in aid of the civil power, shall not be questioned; but this shall not justify the wearing of concealed weapons.

Missouri – General Assembly

and now we can conceal and carry. i'm not a big fan of that but not really opposed.

but the proposed legislation is just flat out unconstitutional, and the people proposing it have to know as much - which means they're doing it for publicity only.

does that make you proud of them?

Nothing unconstitutional about it.

Read it again:

“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.”

The Federal government derives the power to regulate from the interstate commerce clause.

They have NO authority to regulate INTRASTATE commerce.

Look to the Montana Suppressor Law as a guide:

Important Points – If guns and ammunition are manufactured inside the State of Montana for sale and use inside that state then the federal firearms laws have no applicability since the federal government only has the power to control commerce across state lines. Montana has the law on their side.

Montana Governor Signs New Gun Law
​

 

[OohPooPahDoo]

by Jim Hoft
January 16, 2013

Missouri conservatives proposed a bill that will punish feds violating the Second Amendment with jail time. The Tenth Amendment Center reported: Introduced by Missouri State Representative Casey Guernsey, with 61 co-sponsors, is the Missouri 2nd Amendment Preservation Act. House Bill …

The Tenth Amendment Center reported:


Introduced by Missouri State Representative Casey Guernsey, with 61 co-sponsors, is the Missouri 2nd Amendment Preservation Act. House Bill 170 (HB170) would nullify any and all federal acts, orders, laws, statutes, rules, or regulations of the federal government on personal firearms, firearm accessories, and ammunition.

The bill states, in part:

“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.”




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Missouri House Proposes Jail Time for Feds Violating the 2nd Amendment | The Gateway Pundit

Moot law. Any LEO attempting to do so will find himself in federal lockup.

 

[ogibillm]

Missouri Constitution Article 1, Section 23:

Section 23. That the right of every citizen to keep and bear arms in defense of his home, person and property, or when lawfully summoned in aid of the civil power, shall not be questioned; but this shall not justify the wearing of concealed weapons.

Missouri – General Assembly

and now we can conceal and carry. i'm not a big fan of that but not really opposed.

but the proposed legislation is just flat out unconstitutional, and the people proposing it have to know as much - which means they're doing it for publicity only.

does that make you proud of them?

Nothing unconstitutional about it.

Read it again:

“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.”

The Federal government derives the power to regulate from the interstate commerce clause.

They have NO authority to regulate INTRASTATE commerce.

Look to the Montana Suppressor Law as a guide:

Important Points – If guns and ammunition are manufactured inside the State of Montana for sale and use inside that state then the federal firearms laws have no applicability since the federal government only has the power to control commerce across state lines. Montana has the law on their side.

Montana Governor Signs New Gun Law
​

either the fed. law would be unconstitutional - and thus the need for the missouri law would be moot, or the fed law is constitutional and the missouri law would be unconstitutional.

either way there is no need, and no authority, for missouri to pass such a law.

 

[Missourian]

and now we can conceal and carry. i'm not a big fan of that but not really opposed.

but the proposed legislation is just flat out unconstitutional, and the people proposing it have to know as much - which means they're doing it for publicity only.

does that make you proud of them?

Nothing unconstitutional about it.

Read it again:

“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.”

The Federal government derives the power to regulate from the interstate commerce clause.

They have NO authority to regulate INTRASTATE commerce.

Look to the Montana Suppressor Law as a guide:

Important Points – If guns and ammunition are manufactured inside the State of Montana for sale and use inside that state then the federal firearms laws have no applicability since the federal government only has the power to control commerce across state lines. Montana has the law on their side.

Montana Governor Signs New Gun Law
​

either the fed. law would be unconstitutional - and thus the need for the missouri law would be moot, or the fed law is constitutional and the missouri law would be unconstitutional.

either way there is no need, and no authority, for missouri to pass such a law.

You are mistaken.

The Federal Government could "ban" large capacity magazines, for example. And that would likely be constitutional.

But, since the federal powers only apply to INTERSTATE commerce...any large capacity magazines manufactured in Missouri for sale and use EXCLUSIVELY in the state of Missouri would not fall under the jurisdiction of the Federal ban, as that would br INTRASTATE commerce, not subject to federal regulations, only state regulations ...and that would be completely legal if high capacity magazines are legal under Missouri law.

Under the proposed law, if a federal agent attempted to interfere with the manufacture, or arrest an individual selling these high capacity magazines, the federal agent would then be in violation of this law and subject to arrest and confinement.

 

[ogibillm]

Nothing unconstitutional about it.

Read it again:

“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.”

The Federal government derives the power to regulate from the interstate commerce clause.

They have NO authority to regulate INTRASTATE commerce.

Look to the Montana Suppressor Law as a guide:

Important Points – If guns and ammunition are manufactured inside the State of Montana for sale and use inside that state then the federal firearms laws have no applicability since the federal government only has the power to control commerce across state lines. Montana has the law on their side.

Montana Governor Signs New Gun Law
​

either the fed. law would be unconstitutional - and thus the need for the missouri law would be moot, or the fed law is constitutional and the missouri law would be unconstitutional.

either way there is no need, and no authority, for missouri to pass such a law.

You are wrong.

The Federal Government could "ban" large capacity magazines, for example. And that would likely be constitutional.

But, since the federal powers only apply to INTERSTATE commerce...any large capacity magazines manufactured in Missouri for sale and use EXCLUSIVELY in the state of Missouri would not fall under the jurisdiction of the Federal ban, as that would br INTRASTATE commerce, not subject to federal regulations, only state regulations ...and that would be completely legal if high capacity magazines are legal under Missouri law.

Under the proposed law, if a federal agent attempted to interfere with the manufacture, or arrest an individual selling these high capacity magazines, the federal agent would then be in violation of this law and subject to arrest and confinement.

let's just say we have a different reading of it.

but i guarantee you that if anyone ever tried to arrest a federal official for doing there job that official would walk. every time.

 

[Missourian]

either the fed. law would be unconstitutional - and thus the need for the missouri law would be moot, or the fed law is constitutional and the missouri law would be unconstitutional.

either way there is no need, and no authority, for missouri to pass such a law.

You are wrong.

The Federal Government could "ban" large capacity magazines, for example. And that would likely be constitutional.

But, since the federal powers only apply to INTERSTATE commerce...any large capacity magazines manufactured in Missouri for sale and use EXCLUSIVELY in the state of Missouri would not fall under the jurisdiction of the Federal ban, as that would br INTRASTATE commerce, not subject to federal regulations, only state regulations ...and that would be completely legal if high capacity magazines are legal under Missouri law.

Under the proposed law, if a federal agent attempted to interfere with the manufacture, or arrest an individual selling these high capacity magazines, the federal agent would then be in violation of this law and subject to arrest and confinement.

let's just say we have a different reading of it.

but i guarantee you that if anyone ever tried to arrest a federal official for doing there job that official would walk. every time.

Fair enough, I agree, they would likely not be prosecuted, but it would allow Missouri leverage to combat Federal overreach, which is it's actual purpose.

Thank God for Federalism.

 

[ogibillm]

You are wrong.

The Federal Government could "ban" large capacity magazines, for example. And that would likely be constitutional.

But, since the federal powers only apply to INTERSTATE commerce...any large capacity magazines manufactured in Missouri for sale and use EXCLUSIVELY in the state of Missouri would not fall under the jurisdiction of the Federal ban, as that would br INTRASTATE commerce, not subject to federal regulations, only state regulations ...and that would be completely legal if high capacity magazines are legal under Missouri law.

Under the proposed law, if a federal agent attempted to interfere with the manufacture, or arrest an individual selling these high capacity magazines, the federal agent would then be in violation of this law and subject to arrest and confinement.

let's just say we have a different reading of it.

but i guarantee you that if anyone ever tried to arrest a federal official for doing there job that official would walk. every time.

Fair enough, I agree, they would likely not be prosecuted, but it would allow Missouri leverage to combat Federal overreach, which is it's actual purpose.

Thank God for Federalism.

grounds perhaps. the case eludes me, but i believe that the scotus has ruled before that even when an article remains solely in one state the fed can regulate it under interstate commerce.

i think it had something to do with tomatoes in california. someone more versed than me will likely know if that's true or if i'm full of beans.

 

[Dr Grump]

by Jim Hoft
January 16, 2013

Missouri conservatives proposed a bill that will punish feds violating the Second Amendment with jail time. The Tenth Amendment Center reported: Introduced by Missouri State Representative Casey Guernsey, with 61 co-sponsors, is the Missouri 2nd Amendment Preservation Act. House Bill …

The Tenth Amendment Center reported:


Introduced by Missouri State Representative Casey Guernsey, with 61 co-sponsors, is the Missouri 2nd Amendment Preservation Act. House Bill 170 (HB170) would nullify any and all federal acts, orders, laws, statutes, rules, or regulations of the federal government on personal firearms, firearm accessories, and ammunition.

The bill states, in part:

“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.”




Continue reading →
Missouri House Proposes Jail Time for Feds Violating the 2nd Amendment | The Gateway Pundit

More looniness from the right...Good luck with that....

Nothing loony about it Doc. The federal government has no power to regulate intrastate commerce.

Enforcing Missouri law and upholding the Missouri Constitution is NEVER loony.

Fed law usurps state law...

 

[BreezeWood]

Article VI

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

Supremacy Clause - Wikipedia, the free encyclopedia

Supremacy Clause

Article VI, Clause 2 of the United States Constitution, known as the Supremacy Clause, establishes the U.S. Constitution, Federal Statutes, and U.S. Treaties as "the supreme law of the land." The text decrees these to be the highest form of law in the U.S. legal system, and mandates that all state judges must follow federal law when a conflict arises between federal law and either the state constitution or state law of any state. (Note that the word "shall" is used, which makes it a necessity, a compulsion.)

there is a reason they wrote and ratified the US Constitution, replacing the Articles of Confederation - the Supremacy Clause was a defining statement of the New document for the Supremacy of the Laws of the United States superseding those of the States including their constitutions.

 

[rightwinger]

Missouri needs to read the constitution

 

[Luddly Neddite]

This is what the R does. They go through the motions with one assssinine law after another even though they know its meaningless.

What the hell, its not as though MO needs jobs or infrastructure or any thing like that.

On the federal level, Roy blunt has the distinction of being known as the most corrupt senator in the US.