MO Legislature Declares Federal Gun Laws Unenforceable

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Alabama Shooter

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The law also legalizes open carry everywhere and allow school officers to arm themselves.

http://www.guardian.co.uk/world/201...ck:Network front - main trailblock:Position18

MO is the latest state to pass such legislation.

In addition to declaring federal gun laws unenforceable, the bill would allow concealed weapons to be carried by designated school personnel in school buildings. It would allow appointed "protection officers" to carry concealed weapons, as long as they have a valid permit and register with the state department of public safety. The officers would also be required to complete a training course. The bill would also allow people with a firearms permit to openly carry weapons less than 16in long, even in localities that prohibit open-carry of firearms.
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Presumably, MO is reserving the right for itself to declare any and all federal laws unenforceable in that state? Should make for some interesting briefs when this hits the federal courts.
 
Heres betting that they will run into the same problem that Kansas did. Is it possible that history is repeating its self. The last civil war started on the Kansas /Missouri border over states rights.
 
More importantly, it does 3 more things:
1. Allows open carry state-wide. No local ordinance can prohibit it.
2. Lowers the age for CCW from 21 to 19.
3. Allows CCW holders to carry in schools, after training. This one is redundant I think, because CCW holders could already carry with the superintendent's permission.

Governor Nixon would be foolish to veto it. The house and senate have veto-proof majorities.
 
Here is the voting record on the bill:

http://www.mdn.org/2013/FORMS/VOTEVIEW.HTM?ne_year=2013&ne_vote=913

(no real surprises there)

Text of the Bill:

http://house.mo.gov/billtracking/bills131/sumpdf/HB0436T.pdf

This bill is a much bigger omnibus than I thought.

- Completely unenforceable would be the declaratory judgments paragraph.

- An interesting paragraph states that CCL holders can not be disarmed by a LEO when legally open carrying unless under arrest.

- Medical Professionals would not be allowed to ask about firearms unless medically necessary.

- As noted lowers Concealed Carry to age 19
 
I thought we decided the whole "Nullification" issue a while ago. :confused::rolleyes:

Are they expecting SCOTUS to reverse their series of early 1800s rulings? I'm all for gun rights, but passing laws that won't pass tests based on the Supremacy Clause of the Constitution won't help us very much.
 
We did, Raimius.

These laws are all symbolic, as long as the SCOTUS adheres to the expanded commerce clause rulings that started with Wickard.
 
The law still has some positives, such as lowering the permit age to 19, preempting local carry laws for persons with a permit, sort of like Philadelphia.
 
I do wonder if a court strikes down part of the law if they will strike down all of it? I guess it is up to the court challenge.
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That will likely depend upon whether the bill was drafted with a severability clause.
 
That will likely depend upon whether the bill was drafted with a severability clause.
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I'm sure it was. I doubt they would formulate a law with such symbolic intentions without one.

Especially with such large provisions as school carry. I'm happy with everything in the law that I've read in the thread.
 
The symbolic provisions are purely that, because they do not and cannot) prohibit federal officials from enforcing federal laws, and I have little doubt that the Federal courts will have no problem enforcing federal laws either. For the most part, state police officials do not enforce federal gun laws anyway. Nor can federal officials be arrested by state officials while performing their duties.
 
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