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Gun rights supporters rally outside Capitol hours before veto session 09/11/2013

Legislators and gun rights supporters gathered outside the front steps of the state Capitol Wednesday morning, just three hours before the start of the veto session.

Lawmakers spoke at the rally in support of a veto override of a bill aimed at protecting 2nd amendment rights.

The bill would make some federal gun laws unenforceable in the state.

Bill sponsor, Doug Funderburk, R-St. Peters, spoke at the event, assuring supporters the override would be successful and become law by the end of the veto session.

Sen. Brian Nieves, R-Washington, however, warned supporters about the possibility of an override. He claimed it was in jeopardy, and blamed Attorney General Chris Koster‘s politics.

Koster released a statement a week earlier, voicing his concerns over the bill. Nieves said the statement was full of lies, and was released for political gain.

“He’s a bad attorney general, he’ll be an even worse governor, but he is an awesome, awesome politician,” Nieves said.

Republicans weren’t the only ones at the rally. Democratic Rep. Ed Schieffer also spoke at the rally, and said he would vote to override the veto.

Show_Me_StateGov. Jay Nixon, a Democrat, vetoed Republican-authored legislation last month that would make it a misdemeanor for the feds to attempt to enforce any federal gun regulations that “infringe on the people’s right to keep and bear arms.” Despite shutting down the bill, however, lawmakers are expected to override his veto in the coming days and let the measure go on the books.

If passed, the law will also force journalists who publish identifying information about gun owners to pay a $1,000 fine and spend a year in jail. Gov. Nixon said it could start a precedent that would erode some First Amendment rights for the media if his veto is rejected.

In a letter to the New York Times, Nixon said the bill would make it a crime for a local newspaper to publish “photos of proud young Missourians who harvest their first turkey or deer.” According to some estimates, however, local lawmakers will likely make it impossible for the law to be vetoed anytime soon.

When the bill was originally passed in the State House, 108 of the 109 Republicans voted in favor of it, as did 11 Democrats. In the Senate, the Times reported, two-dozen Republicans and 2 Democrats signed on in support. In order for the veto to be rejected, the legislature will need 109 votes from the House and 23 from the Senate.

State Representative T. J. McKenna (D-Festus) told the Times he voted for the bill even though he doesn’t favor it because the repercussions could have been dastardly.

If you just Google my name, it’s all over the place about what a big coward I am,” he told the paper. “I can’t be Mr. Liberal, St. Louis wannabe,” he said. “What am I supposed to do? Just go against all my constituents?”

Speaking to Fox News, McKenna added that the bill would violate constitutional law and will likely be thrown out, even if the veto override receives enough votes.

Meanwhile, President Barack Obama is hoping he can advance reformed gun rules on a federal level that, if the Missouri legislature has its way, will be null and void in The Show Me State —until, of course, a court intervenes and opines otherwise.

Months after the White House announced plans to reform laws in the wake of the Newtown shooting, Biden on Thursday said the administration is looking to tackle firearm crime by launching two new front lines in their war against guns. The vice president proposed a White House plan to stop letting military weapons be re-sold to people in the US or allied countries, as well as another that would close down a loophole that currently lets Americans who are ineligible to own a firearm bypass restrictions by registering weapons in the name of a corporation or trust.

It’s simple, it’s straightforward, it’s common sense,” Biden said.

House Bill 436Second Amendment Preservation Act, which passed the Senate 26-6 and the House 116-38, states,

(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.

 

It would also prohibit background checks and publication of any information about a gun-owner.

Federal agents, on the other hand, would be persecuted to the fullest extent of the law – for trying to uphold federal law.

The Law Center to Prevent Gun Violence explains the reasons the federal government came down on the ownership of machine guns:

The National Firearms Act of 1934 (NFA) imposes a tax on the making and transfer of machine guns and certain other weapons, as well as a special occupational tax on persons and entities engaged in the business of importing, manufacturing and dealing in those weapons. (The NFA distinguishes between “making” a weapon, and “manufacturing” a weapon. Only a registered NFA manufacturer can “manufacture” a machine gun; other persons who construct machine guns are “making” them, according to the NFA. (26 U.S.C. § 5845(i); 27 C.F.R. § 479.11) ) As detailed below, the law also requires the registration of all machine guns.

While the NFA was enacted by Congress as an exercise of its authority to tax, the underlying purpose of the law was to curtail, if not prohibit, transactions in machine guns and certain other weapons. (Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Dept. of Justice, National Firearms Act Handbook 9-15, June 2007) Congress found these firearms pose a significant crime problem because of their frequent use in crime, and the $200 making and transfer taxes were considered quite severe at the time and adequate to discourage or eliminate transfers in these firearms. The $200 tax has not changed since 1934.

Probably one of the most offensive consequences of federal law is that “Any machine gun involved in a violation of the NFA is subject to seizure and forfeiture. Forfeited machine guns cannot be sold at public sale, but may be destroyed or transferred within the federal government, or to a state or local government.”

Today, the Missouri legislature will vote, in essence, to secede from the Union, as they meet to override Gov. Nixon’s veto. The bill’s proponents raise all sorts of bizarre defenses of the bill, claiming it does not add guns to the street, and CNN quotes one gun owner as saying, “There are people saying this is the same as seceding from the Union. Missouri did not secede from the Union in 1862, and it does not do so by passing this law.”

Missouri may not have seceded but it supplied soldiers to both the Union and Confederate armies just as it provided men to both the pro- and anti-slavery movements, and the guns wielded by lawless men then and through the Civil War and beyond.

guns

Resources:

Missouri Republicans Set to Arrest Federal Agents

Missouri to nullify federal firearm laws

2nd Amendment Preservation Act

Missouri Governor Vetoes 2nd Amendment Preservation Act

Missouri State Nickname – State Symbols USA

NRA Silent on Second Amendment Preservation Act (HB 436)

5 Things to Know for Missouri’s veto session

 

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