Guns: Will Missouri Legislature Make it Illegal to Enforce Federal Firearm Laws?

Casey guernsey gun image.jpeg
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Rep. Casey Guernsey.
Legislators in Jefferson City are one step closer to passing a bill that would make it a criminal act to enforce any federal firearm laws in Missouri. The House successfully passed HB170 on Wednesday, and the bill is now being debated in the Senate with a hearing scheduled next week.

This anti-gun control bill would certainly not be the first proposal Missouri Republicans passed and signed into law aimed directly at blocking federal policy. But given the heated gun debates nationally and in Missouri, it would be especially noteworthy if this one makes it to the governor's desk.

Missouri Democrats say they are outraged.

"I don't know when this ends," State Rep. Rory Ellinger tells Daily RFT. "When every human being is forced to carry a gun?"

In the final stretch of the legislative session, lawmakers are competing to get their proposals heard and debated on the floor and for Democratic legislators, it's become frustrating that the pro-gun efforts are dominating the Capitol.

"There's a sizable percentage of Missourians that want more gun control," says Ellinger, who represents University City and got a lot of attention earlier this session for his assault weapon ban proposal that would've made it a felony to manufacture, import, possess or sell an assault weapon or large capacity magazine. "It's the rational, commonsense approach."

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Rep. Rory Ellinger.

House Bill 170 comes from Rep. Casey Guernsey, who we interviewed back in January. He told us at the time:

My position is pretty straightforward. Anything more that limits law-abiding Missouri citizens' ability to keep and bear arms and take advantage of their basic constitutional rights is a major concern for me. There are plenty of laws on the books as it relates to gun crimes.... If those laws were enforced, we'd all be much better off.

He recently tweeted out:


In the draft that the House passed this week, his bill says:

It shall be unlawful for any officer or employee of this state, or any political subdivision, or any federal firearms dealer...to enforce or attempt to enforce any act, law, statute, rule, or regulation of the federal government created or effective on or after January 1, 2013, relating to a personal firearm, firearm accessory, or ammunition that is owned or manufactured commercially or privately in the state of Missouri and that remains exclusively within the boundaries of the state of Missouri.

Continue for more details on the bill and commentary from Rep. Ellinger.


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32 comments
JamesMadison
JamesMadison topcommenter

Liberals cried when Arizona tried to enforce federal laws on immigration. They claimed it was none of the States' business. Now, suddenly liberals want States to enforce federal laws.

Keith Siatkowski
Keith Siatkowski

And Patrick, you may be the rootinest tootinest cowboy ever to ride the range, but that does not qualify you as a constitutional scholar. To put it simply, your assertions are absolutely incorrect.

Keith Siatkowski
Keith Siatkowski

Patrick, I stand by my original post. You quote the Constitution, however, you ignore the importance of the 2nd Amendment and preach about the Supremacy Clause. Your auto correct must have goofed up because I think you meant to say Tea Party. I don't care what party you are affiliated with, once you give up your rights you are screwing yourself. If you advocate MY rights being taken away, then I have a problem with you.

Erik Olsen
Erik Olsen

Also, hand guns make far better sense for self defense in the cramped confines of a vehicle.

Erik Olsen
Erik Olsen

What does having firearms in one's car have to do with either the pot prohibition (something else I'd love to see stopped) or our DOMA amendment (another one that needs to go)? And yes, I do know the prohibition of marriage equality was not brought up but I find it darkly humorous that it was put up by folks who want less Government intrusion in folks' lives.'

Erik Olsen
Erik Olsen

Yeah, it has as much teeth as the anti-ACA act does, forcing the Feds into a lower court for enforcing Federal law won't work out well.

Neil Aimaro
Neil Aimaro

Medical marijuana is illegal in the state of Missouri while it's citizen's are allowed to carry loaded assault rifles in their cars......Stupid.

Patrick Gonzales
Patrick Gonzales

This is settled constitutional law, upheld by Supreme Court ruling de jure, as well as by the American Civil War de facto.

Patrick Gonzales
Patrick Gonzales

In a nutshell, HB 170 allows MO to ignore Federal Law in direct contravention of the Supremacy Clause. Nullification by a state statute of Federal laws which do not, per se, infringe on a person's right to keep and bear arms, is purely unconstitutional.

Erik Olsen
Erik Olsen

I specify that particular firearm as CMMG produces them from vase metal in this state.

Erik Olsen
Erik Olsen

In fact, the first run of ARs are C&R eligible in less than two years.

Erik Olsen
Erik Olsen

I personally see no difference between AR15 rifles and any black powder firearm. Neither is used in more than 1% of violent crimes in any year since the 1960's.

Erik Olsen
Erik Olsen

I'm not either. I just never have seen a reason to trust them in my 41 years.

Erik Olsen
Erik Olsen

Very true. There are only three amendments after them that deal with individual rights.

Patrick Gonzales
Patrick Gonzales

I am a hunter and black powder shooter. I am not afraid of our government, nor do I have reason to be.

Patrick Gonzales
Patrick Gonzales

The First Ten Amendments are not in isolation. They are part of the entire US Constitution.

Erik Olsen
Erik Olsen

Oops, 23. Sorry about that, I guess I hadn't looked at it since I wrote a letter to Slay and the Board of Aldermen when I was part of OStL... :}

Patrick Gonzales
Patrick Gonzales

MO Constitution Article I Section 9? Rights of peaceable assembly and petition?

Erik Olsen
Erik Olsen

Allowing the Commerce Clause to be stretched to pure intra-state commerce activities is why I am against background checks on non-Licensed sales of any product between residents of the same state. This bill covers that 100%.

Erik Olsen
Erik Olsen

Oh yeah, please convince me that I am a Conservative.

Erik Olsen
Erik Olsen

The right to keep and bear arms is not just for tea party wing nuts. While I don't see the Second being more important than the Ninth, it is still part of the big ten.

Erik Olsen
Erik Olsen

Don't forget Section 9 of our own Constitution.

Patrick Gonzales
Patrick Gonzales

From memory... A well-regulated militia, being necessary to the existence of a free state, the right of the people to keep and bear arms shall not be infringed. What is your point?

Patrick Gonzales
Patrick Gonzales

Keith, the 2nd Amendment isn't the only part of the Constitution. Unless you are a teabagger.

Brian Wittling
Brian Wittling

Read carefully. This bill only addresses guns and accessories made and sold within Missouri. The federal government has no jurisdiction over inra-state commerce anyway, so the bill is rather meaningless.

Matt Irwin
Matt Irwin

Now, I'm convinced that Akin was just getting everyone warmed up.

Keith Siatkowski
Keith Siatkowski

Please see Amendment 2 of the Constitution. The Federal Government should be enforcing the Constitution, not ignoring it. So, in short, you reference the Supremacy Clause while ignoring the 2nd Amendment.

Patrick Gonzales
Patrick Gonzales

Write to your MO State senators and representatives and remind them of the Supremacy Clause of the US Constitution.

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