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Missouri Aims to Override Governor’s Veto & Nullify Federal Gun Laws

August 29, 2013

Missouri Aims to Override Governor’s Veto & Nullify Federal Gun  Laws

It appears the Missouri Legislature, which is led by Republicans, will look  to override Governor Jay Nixon’s veto of a gun bill that would expand gun owner  rights and nullify federal gun laws.  The vetoed gun bill is entitled the  “Second Amendment Preservation Act.”

The Associated Press reports:

Several of Nixon’s fellow Democrats told The Associated Press that they  would vote to override his veto when lawmakers convene in September, even while  agreeing with the governor that the bill couldn’t survive a court challenge.  Many of them noted that in some parts of Missouri, a “no” vote on gun  legislation could be career ending.

The legislation would make it a misdemeanor for federal agents to attempt  to enforce any federal gun regulations that “infringe on the people’s right to  keep and bear arms.” The same criminal charges would apply to journalists who  publish any identifying information about gun owners. The charge would be  punishable by up to a year in jail and a $1,000 fine.

Nixon said the bill infringes on the U.S. Constitution by giving  precedence to state law over federal laws and by limiting the First Amendment  rights of media.

The legislation is one of the boldest measures yet in a recent national  trend in which states are attempting to nullify federal laws. A recent  Associated Press analysis found that about four-fifths of the states have  enacted local laws that directly reject or ignore federal laws on gun control,  marijuana use, health insurance requirements and identification standards for  driver’s licenses. Relatively few of those go so far as to threaten criminal  charges against federal authorities.

Nixon claims that the bill infringes on the U.S. Constitution by giving  precedence to state law over federal laws.

Obviously the problem Mr. Nixon fails to understand is that the federal  government has no authority when it comes to arms.  That is why it is the  institution that is bound by the phrase “shall not be infringed.” Publius  Huldah  lays this out quite simply in her talk on the fact that all  federal gun laws are unconstitutional.

Additionally, Nixon fails to understand nullification.  James Madison, the  “Father of the Constitution,” would rightly rebuke  the Missouri governor for his ignorance.  He wrote in   Federalist  No. 45 (9th para):

“The powers  delegated by the proposed Constitution to the federal government are few and  defined. Those which are to remain in the State governments are numerous and  indefinite. The former will be exercised principally on external objects, as  war, peace, negotiation, and foreign commerce; with which last the power of  taxation will, for the most part, be connected. The powers reserved to the  several States will extend to all the objects which … concern the lives,  liberties, and properties of the people, and the internal order, improvement,  and prosperity of the State.”

Furthermore, when the  government oversteps its bounds, the Declaration  of Independence says that it is the people’s right and duty “to throw off  such Government, and to provide new Guards for their future  security.”

In this instance nullification is actually a method of the state’s  self-defense against a tyrannical federal government.

Thomas Jefferson said,

“… but where powers are assumed which have not been delegated, a  nullification of the act is the rightful remedy: that every State has a natural  right in cases not within the compact, (casus non foederis,) to nullify of  their  own authority all assumptions of power by others within their limits:  that  without this right, they would be under the dominion, absolute and  unlimited, of  whosoever might exercise this right of judgment for  them…”

Madison then commented on Jefferson’s remarks saying,  “… the right of nullification meant by Mr. Jefferson is the natural right,  which  all admit to be a remedy against insupportable oppression…”

The legislature in Missouri is merely following in the footsteps of the  founders in both passing the nullification legislation and in overriding the  governor’s veto.  It will essentially declare federal enforcement of such laws  as unconstitutional.

A friend of mine asked, “If Federal Agents attempt to enforce restrictions on  guns in violation of the 2nd Amendment, would not those agents be guilty of  ‘treason against the state’? Why does article IV section 2 of the U.S.  Constitution (a document written by the States and ratified by the same)  mention  Treason against a state? When is the last time you’ve heard of someone  tried  and/or convicted of treason against any state?”

I think that is something the state legislature along with the various other  states, such as Montana, Utah, Alaska, Idaho, Michigan, Nebraska, South  Carolina, South Dakota, West Virginia, and Wyoming should seriously consider.

Many of the comments by Democrats, in the AP article, merely pointed out that  they voted for the legislation for political aspirations and knew if they  didn’t  they “would lose” re-election.

This statement by Democrat Rep. Ed Schieffer is quite telling.  “I personally  believe that any higher court will probably rule this particular gun law  unconstitutional on that, I probably agree that the governor’s right, but I may  end up still voting for the gun bill because I don’t want to be on record for  not supporting guns.”

So you believe something to be unconstitutional, which isn’t, but you’ll vote  for it anyway to save face and keep up a pretense.  That, my friends in the  definition of a politician.  This is a man that doesn’t care about the law or  his constituents.  He only cares about himself.  There are many more like Rep.  Schieffer around the country that need to be shown the door out of public  service.

As for the Missouri legislature on this issue, well done!

Credit To: Tim Brown / Freedom Outpost


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