The Firing Line Forums

Go Back   The Firing Line Forums > The Conference Center > Law and Civil Rights

Reply
 
Thread Tools
Old May 10, 2013, 07:15 AM   #1
Alabama Shooter
Senior Member
 
Join Date: December 20, 2012
Location: Sweet Home
Posts: 886
MO Legislature Declares Federal Gun Laws Unenforceable

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

http://www.guardian.co.uk/world/2013...ock:Position18

MO is the latest state to pass such legislation.

Quote:
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.
__________________
Tomorrow is the most important thing in life. Comes into us at midnight very clean. It's perfect when it arrives and it puts itself in our hands. It hopes we've learned something from yesterday.

Last edited by Tom Servo; May 10, 2013 at 09:43 PM. Reason: Copyright
Alabama Shooter is offline  
Old May 10, 2013, 02:10 PM   #2
dakota.potts
Senior Member
 
Join Date: February 25, 2013
Location: Saint Augustine, Florida
Posts: 1,110
The bill also said it covered the GCA of 1934 and 1968. That includes NFA registry, background checks, anything like that
dakota.potts is offline  
Old May 10, 2013, 03:48 PM   #3
csmsss
Senior Member
 
Join Date: October 24, 2008
Location: Orange, TX
Posts: 2,986
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.
csmsss is offline  
Old May 10, 2013, 05:39 PM   #4
Lucas McCain
Senior Member
 
Join Date: March 7, 2013
Location: Callaway, MN
Posts: 193
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.
__________________
If you have time to do it twice, then you have time to do it once right and put your name on it
Lucas McCain is offline  
Old May 10, 2013, 08:23 PM   #5
motorhead0922
Senior Member
 
Join Date: October 30, 2010
Location: Missouri
Posts: 467
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.
__________________
NRA, SAF, ACLDN, IDPA
motorhead0922 is offline  
Old May 11, 2013, 08:05 AM   #6
Alabama Shooter
Senior Member
 
Join Date: December 20, 2012
Location: Sweet Home
Posts: 886
Here is the voting record on the bill:

http://www.mdn.org/2013/FORMS/VOTEVI...13&ne_vote=913

(no real surprises there)

Text of the Bill:

http://house.mo.gov/billtracking/bil...df/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
__________________
Tomorrow is the most important thing in life. Comes into us at midnight very clean. It's perfect when it arrives and it puts itself in our hands. It hopes we've learned something from yesterday.
Alabama Shooter is offline  
Old May 14, 2013, 08:32 AM   #7
Hunter Customs
Senior Member
 
Join Date: March 26, 2005
Location: Osborn, Missouri
Posts: 1,760
Alabama Shooter, thanks for posting the information.

Best Regards
Bob Hunter
www.huntercustoms.com
Hunter Customs is offline  
Old May 15, 2013, 08:00 PM   #8
raimius
Senior Member
 
Join Date: January 27, 2008
Posts: 1,314
I thought we decided the whole "Nullification" issue a while ago.

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.
raimius is offline  
Old May 15, 2013, 08:41 PM   #9
Al Norris
Staff
 
Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,307
We did, Raimius.

These laws are all symbolic, as long as the SCOTUS adheres to the expanded commerce clause rulings that started with Wickard.
__________________
National listings of the Current 2A Cases.
Al Norris is offline  
Old May 16, 2013, 06:17 AM   #10
wally626
Senior Member
 
Join Date: July 31, 2009
Posts: 635
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.
wally626 is offline  
Old May 16, 2013, 08:05 AM   #11
Alabama Shooter
Senior Member
 
Join Date: December 20, 2012
Location: Sweet Home
Posts: 886
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.
__________________
Tomorrow is the most important thing in life. Comes into us at midnight very clean. It's perfect when it arrives and it puts itself in our hands. It hopes we've learned something from yesterday.
Alabama Shooter is offline  
Old May 16, 2013, 09:15 AM   #12
csmsss
Senior Member
 
Join Date: October 24, 2008
Location: Orange, TX
Posts: 2,986
Quote:
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.
That will likely depend upon whether the bill was drafted with a severability clause.
csmsss is offline  
Old May 16, 2013, 02:15 PM   #13
Dr Big Bird PhD
Senior Member
 
Join Date: October 26, 2012
Location: Los Angeles, CA
Posts: 778
Quote:
That will likely depend upon whether the bill was drafted with a severability clause.
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.
__________________
I told the new me,
"Meet me at the bus station and hold a sign that reads: 'Today is the first day of the rest of your life.'"
But the old me met me with a sign that read: "Welcome back."
Who you are is not a function of where you are. -Off Minor
Dr Big Bird PhD is offline  
Old May 17, 2013, 12:10 AM   #14
62coltnavy
Senior Member
 
Join Date: February 1, 2011
Posts: 209
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.
62coltnavy is offline  
Reply

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 02:02 PM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2014, vBulletin Solutions, Inc.
This site and contents, including all posts, Copyright © 1998-2014 S.W.A.T. Magazine
Copyright Complaints: Please direct DMCA Takedown Notices to the registered agent: thefiringline.com
Contact Us
Page generated in 0.10240 seconds with 9 queries