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Missouri Second Amendment Preservation Act Appealed to MO Supreme Court
AmmoLand ^ | February 6, 2022 | Dean Weingarten

Posted on 02/12/2022 7:43:46 AM PST by marktwain

A challenge to the  Missouri Second Amendment Protection Act (SAPA) by St Louis and Jackson Counties failed in Circuit court. It is being appealed to the Missouri Supreme Court.

The United States is a Constitutional Republic, not a direct democracy. The system was designed and built with a specific set of checks and balances to set government power against government power, to protect the citizens from the centralized abuse of government authority against them.  Hillsdale College offers an excellent, free, online course on the subject.

In Missouri, Second Amendment advocates have spent years developing a state law to aid in protecting the Second Amendment right to arms from federal overreach. In June of 2021, the Second Amendment Protection Act (SAPA) became law and went into effect.

From tenthamendmentcenter.com:

JEFFERSON CITY, Mo. (June 12, 2021) – After eight years of tireless effort by dedicated grassroots activists, today Missouri ended state and local enforcement of a wide range of federal gun control measures; past, present and future. With Gov. Mike Parson’s signature on the Second Amendment Preservation Act (SAPA), Missouri took an important step toward ending federal acts that infringe on the right to keep and bear arms within the state.

Opponents of SAPA claim the law “nullifies” federal law. Proponents say it does not nullify federal law. Instead, the State of Missouri refuses to allow its resources to be used by the federal government to enforce laws that it defines as infringing on Second Amendment rights. This is not nullification; it is the long-standing doctrine embraced by the United States Supreme Court over numerous cases, of anti-commandeering.

The United States Government does not have the Constitutional authority to force states to use their resources to enforce federal law.

(Excerpt) Read more at ammoland.com ...


TOPICS:
KEYWORDS: anticommandeering; banglist; missouri; mo; secondamendment
The Misssouri Supreme Court has heard the case, but has not ruled on it yet.

Recent examples of state refusing to enforce federal laws include the state legalization of marijuana and refusal to cooperate with enforcement of immigration law.

1 posted on 02/12/2022 7:43:46 AM PST by marktwain
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To: marktwain

The United States is a Constitutional Republic, not a direct democracy

Needs to be screamed from every rooftop, hilltop, balcony, mountain top, water tower, have ad trucks driving in circles through every neighborhood, etc etc etc.


2 posted on 02/12/2022 7:50:09 AM PST by qaz123
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To: marktwain

The United States Government does not have the Constitutional authority to force states to use their resources to enforce federal law.


We need more of this..........................


3 posted on 02/12/2022 7:57:39 AM PST by PeterPrinciple (Thinking Caps are no longer being issued but there must be a warehouse full of them somewhere.)
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To: marktwain

The fight over Second Amendment rights has always been about limitations on government power. An important part of the founding of the United States was the recognition that government power must be limited.


from the article.

Repeat LOUD and OFTEN.............................


4 posted on 02/12/2022 7:59:59 AM PST by PeterPrinciple (Thinking Caps are no longer being issued but there must be a warehouse full of them somewhere.)
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To: marktwain

The FBI, I’m pretty sure is the largest federal law enforcement agency. I want to say the number is around 16,000. But that isn’t 16,000 folks with guns. There’s a whole lot of admin and support types in that number. As for DHS, it’s a monster, but it’s also comprised of various agencies. After 9/11, when DHS was born, the geniuses in DC reorganized the whole puzzle. The Treasury Dept used to have the Secret Service and ATF, now Sec Ser is under DHS and ATF is under DOJ.

Anywho, outside of the FBI, most of these agencies aren’t all that big. Because of that, they rely heavily on the federal task forces that they form, using state and local LEOs. The cops love them because they’re taken away from their normal duties, get deputized, get some overtime, take home cars and are lulled into thinking they’re doing something crazy. When in fact, all it is, is the fact that the feds have money and gadgets that most agencies don’t have nor can afford.

The US Marshal’s Task Forces are probably one of the most notable. Take away the locals working on that task force and I doubt the Marshals could go after 20% of the people they do now.

You could cripple the federal agencies from doing their jobs if other states adopted a similar law. Unfortunately, so many Chiefs and Sheriffs bow down to the feds every time they come calling.

However, if I’m not mistaken there was an instance, in New Mexico(?), where the locals took it upon themselves to do some work in a forest outside of town to prevent forest fires. Feds showed up threatening everyone. Sheriff showed up and threatened the Feds. The Feds left and the locals did what they had to do.


5 posted on 02/12/2022 8:02:30 AM PST by qaz123
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To: PeterPrinciple

[[The fight over Second Amendment rights has always been about limitations on government power]]

Our side fights to limit government power, while the government that we hire to work for us, spits in our faces, and fights to limit our power


6 posted on 02/12/2022 8:08:34 AM PST by Bob434
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To: marktwain

Good article Dean. I wasn’t aware of this case.

Make-up of the Missouri Supreme Court:

Judge
Appointed By

Zel Fischer
Matt Blunt (R)

Paul C. Wilson
Jay Nixon (D)

George Draper
Jay Nixon (D)

Mary Rhodes Russell
Bob Holden (D)

Patricia Breckenridge
Matt Blunt (R)

Wesley Brent Powell
Eric Greitens (R)

Robin Ransom
Mike Parson (R)


7 posted on 02/12/2022 8:35:27 AM PST by 2111USMC (Aim Small Miss Small)
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To: marktwain; qaz123

I like Article 4, Section 4 of the Constitution which says:

Section 4 The United States shall guarantee to every State in this Union a Republican Form of Government,


8 posted on 02/12/2022 8:44:39 AM PST by Retain Mike ( Sat Cong)
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To: marktwain

bkmk


9 posted on 02/12/2022 8:46:28 AM PST by BenLurkin (The above is not a statement of fact. It is either opinion, or satire. Or both.)
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To: Retain Mike

Amazing how so many people aren’t aware of that and what it means.


10 posted on 02/12/2022 8:53:30 AM PST by qaz123
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To: marktwain
Opponents of SAPA claim the law “nullifies” federal law.

Also see sanctuary cities and states. I bet the same liberals/leftists who are opposing this MO law are all for sanctuaries and open border.

11 posted on 02/12/2022 9:09:10 AM PST by Pollard (PureBlood -- https://youtube.com/watch?v=VXm0fkDituE)
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To: qaz123

Your post is outstanding.

In the incident you mentioned, the fed fascists tried to bully their way thru, and were met by a sheriffs’ SWAT team. The feds cried and backed down. The county went about its business.

Same thing happened in New Orleans when the feds were confiscating firearms. The fed pigs were met on the road by armed sheriff deputies in adjoining counties. The fed gestapo pigs ran away.

Do you know why? Simple. Most of the deep state fed pigs are Harvard and Yale graduates. Well, guess what...Harvard and Yale don’t teach combat operations to their weenie graduates.

Thus, when the fed pigs need “operators,” they hire stupid-ass boots in the local police department, give them FBI jackets and pay them a few bucks.

The entire deep state operates under Alinsky’s Rule # 1: “Power is not only what you have but what the enemy thinks you have.”

BTW, here’s the FBI numbers:

About 32,000 total personnel.

Of that number, 2,500 field agents.

That means about 30,000 are desk jockey, fat-ass bureaucrats with no field training.


12 posted on 02/12/2022 5:08:16 PM PST by sergeantdave
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To: marktwain

How do you sure about this? You have to maintain that jurisdictions have to enforce each other’s laws with no say in the matter. For free. How can they argue that?


13 posted on 02/12/2022 7:37:45 PM PST by Still Thinking (Freedom is NOT a loophole!)
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To: marktwain

A challenge to the Missouri Second Amendment Protection Act (SAPA) by St Louis and Jackson Counties failed in Circuit court.


Is that St Louis, and Jackson County?
Or is it St Louis County and Jackson County?
St Louis is not within St Louis County. Jackson County is Kansas City and some suburbs.


14 posted on 02/12/2022 10:33:44 PM PST by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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To: sergeantdave

32,000 ….. wow. That’s a lot of folks pushing paper.

And you didn’t even talk about the folks that have been Giglio’d


15 posted on 02/13/2022 5:19:01 AM PST by qaz123
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To: lepton

I would guess that the use of “Counties” instead of “County” means it is also St Louis County, not City.


16 posted on 02/13/2022 9:09:12 AM PST by Svartalfiar
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