Skip to comments.Missouri would nullify federal law on guns
Posted on 09/09/2013 9:44:37 AM PDT by kevcol
Missouris legislature recently passed a law purporting to forbid the application of federal gun laws in the state and making it a crime for federal agents to enforce them there. The Missouri law goes so far as to allow a Missouri resident arrested under federal gun laws to sue the arresting officer.
President Barack Obama might benefit from President Andrew Jacksons response to South Carolinas attempt at nullification: Tell them if one South Carolina finger is raised in defiance of this government, then I shall come down there and once Im there, Ill hang the first man I lay hands on to the first tree I can reach.
(Excerpt) Read more at journalinquirer.com ...
We believe that the press has no privileges and no right to be arrogant and that the constitutional guarantees of free expression and inquiry apply to all people equally. But we also believe that every reader places a trust in us and that we become to an extent the public's representative, so in pursuit of the news we must observe what Elmer Davis called "the first and great commandment" - "Don't let them scare you."
The gossip says that the White House is considering the nomination of Big Sis to a Supreme Court seat, as soon as one of the current walking dead creates an opening.
Thus, if this challenge to Federal law emerges as a test case, chances of a Supreme vote in favor of MO would be slimmer.
Can’t be back talkin’ to fed god!
Their case for nullification would be no less Constitutional if the Supremes ruled against them. The Supremes would just be acting on behalf of an illegal over-reach. What was that Greek expression? "Come and take them."
Obama's prediction of "Fundamentally changing America" on display for all to see.
As long as we continue to do that which has brought us to the brink of hard tyranny, gee, what can we expect?
Article V baby, an Article V amendment convention of the states is our only chance.
Jackson talked a big game but in the end South Carolina got what they wanted from the legislature because the citizens were willing to fight and die for it. Are the citizens of Connecticut willing to fight and die to impose gun restrictions on the citizens of Missouri? I’ll bet this little chickenhawk journalist thinks he will get the army to do his dirtywork but I doubt the fedscum running the country wants to find out just where our soldier’s loyalties lie, at least not until the army is rife with political appointees and lavender wariors.
Ill bet this little
chickenhawk chickensh!t journalist thinks he will get the army to do his dirtywork but I doubt (Another interpretation)
I just raised one finger in defiance of Obama.
Does anyone have a copy of the law? I’d like to send it to my state legislator.
Main article: Tenth Amendment to the United States Constitution
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
The Tenth Amendment states the Constitution’s principle of federalism by providing that powers not granted to the federal government by the Constitution, nor prohibited to the states, are reserved to the states or the people. The amendment provides no new powers or rights to the states, but rather preserves their authority in matters not relegated to the federal government.
You would do better to have your legislature look at bills that have an actual chance of withstanding court challenges, the Kansas bill for example. The Missouri bill invalidates every federal law that touches on gun ownership which has ever passed or may be passed in the future. Want a sawed off shotgun? You got it. Fully automatic machine gun? No problem. Switchblade? Ok with them. Want to bring a gun into a federal courthouse, prison, military reservation, or any other federal property? They can't stop you on penalty of being charged by local law enforcement with a Class A misdemeanor. I live in Missouri. I own three guns of my own. I am opposed to anything that might interfere with my right to own them. And I think this bill is one of the biggest jokes the boobs in Jeff City have every passed. There is no way that the courts will uphold something as sweeping as that. HB 436
The Kansas law, on the other hand, invalidates federal firearms legislation on any gun manufactured, sold and kept in the state. There are solid 10th Amendment grounds for that and the interstate commerce clause wouldn't apply. It will be interesting to see how that fares in the courts. The Missouri law, on the other hand, is going to get laughed out of court.
I hope the MO one does make it because that’s what we need. I think you are probably right though, that it won’t.
I sent you a FReep mail.