Rep. Casey Guernsey: Gun Control Is Not Constitutional Even if Barack Obama Says It Is

Thumbnail image for Casey guernsey gun image.jpeg
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Casey Guernsey.
As we've reported, Missouri lawmakers are aggressively pushing forward with their effort to make it illegal to enforce any federal firearm laws in the state with a proposal that Republican supporters say is a bold statement against gun control. Critics say it's an absurd, unconstitutional move to ban the enforcement of commonsense policies to reduce gun violence.

State Representative Casey Guernsey, a Republican lawmaker behind one of these pro-gun bills -- and there are many -- tells Daily RFT that the criticisms from the left are misguided and that his proposal to block gun control would hold up.

"Just because President Obama has declared that something is constitutional doesn't make it so," he says.

See also:
- Governor Jay Nixon to Face Subpoena in Concealed-Carry Privacy Lawsuit
- Dana Loesch Calls Women at Gun-Control Rally Idiots; Mom Offers Rebuttal
- Roy Blunt Votes No on Background Checks: "We Must...Prevent Tragedies"

As we've reported, Guernsey's House Bill 170 would make it a felony to enforce gun control measures of the Obama administration. It passed out of the House last week and yesterday in the Senate had a public hearing and received a yes vote in executive session.

It's one of many.

House Bill 436, the so-called Second Amendment Preservation Act, rejects all federal acts that infringe on the right to bear arms and has moved forward in the last two weeks as well.

Thumbnail image for casey guernsey capitol.jpg
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Casey Guernsey.

One of the main arguments against these bills -- in addition to opponents' view that federal gun laws are important safety measures -- is that it's just not constitutional for Missouri to pass laws that throw out federal ones. The legislature has struggled with this in the past in the case of its now-rejected anti-Obamacare law.

"I'm optimistic," Guernsey tells us. "It's pretty obvious.... So many supported this bill in the House."

Of the bill's opponents, he says, "We just have a very different view of the Constitution. If you read the Second Amendment...we do have defined rights."

Democratic opponents in the legislature argue that it's a clear attempt at nullification -- and wouldn't hold up in court.

Guernsey says he's never received such wide support for any proposal from constituents in his district and across the state.

"Every day, I hear [from people who are] grateful we have taken this action," he says. "It's our responsibility whenever the federal government takes unconstitutional actions like this.... It's not the least bit surprising to see this level of support."

And would he expect lawsuits if this actually passed?

He notes that other states have passed similar measures, and adds, "I don't think you can put a dollar amount on the value of constitutional rights. If that's what it takes to defend those, it's well worth our time."

Send feedback and tips to the author. Follow Sam Levin on Twitter at @SamTLevin.


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12 comments
Tony Merklin
Tony Merklin

Ya....if i were you, I'd go back to Grades 1 and 2 and take your Civics Classes over again. And this Time, PAY DAMN ATTENTION.....Comprehension Counts, Ya Big Dummy !!!!!!!!!!!

Jeffrey Houska
Jeffrey Houska

Good one^. On an issue such as this. A states nullification could or should be up held to be the law of the land. The words shall not be infringed are pretty clear in the second amendment. But that is only in theory. Now back to you liberals with your inmateur name calling. It is sad and pathetic that you site the supremacy clause with out knowing what it actually means. It's even more sad that you wish to dismantle the Bill of Rights.

Seth Bailey
Seth Bailey

Thanks for the reply, Jeff. It took a lot of courage to stop crying over having a two inch dick for long enough to post that and I salute you for it.

Rob Compton
Rob Compton

Jeffrey, just... no. You do realize that the Missouri Legislature is not the United States Supreme Court, right?

Jeffrey Houska
Jeffrey Houska

The supremacy clause only applies to laws that are pursuant (or consistent) with the constitution. When a law is unconstitutional, state law would then over ride federal law. Nikki, you are the one who is wildly uneducated.

Matthew Susick
Matthew Susick

I've always thought the MO Legislature is more of an embarrassment than the US Congress. And it takes a lot to earn that title.

Brian Wittling
Brian Wittling

Commerce Clause. The proposed bill only pertains to firearms and accessories manufactured and sold within Missouri.

Nikki Furrer
Nikki Furrer

Uh, Obama didn't write the Supremacy Clause. It's embarrassing when our elected leaders are so wildly uneducated.

Dvdn Alt
Dvdn Alt

Missourah where legitimate rape and right wing nutjobs represent.

davidianstar
davidianstar

MISSOURAH Where Legitimate RAPE and RIGHT WING NUTJOBS represent.

rupert05xlh
rupert05xlh

If this passes, does that mean that I can finally get my .50 cal M2 and grenade launcher?

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