Will Missouri Nullify Federal Gun Laws?

Tenth Amendment Center ^ | 07. Dec, 2009 | by Michael Boldin

[granite]

Missouri State Representative Cynthia Davis has introduced the “Firearms Freedom Act” (HB1230) – prefiled for the 2010 legislative session. The bill “Asserts the right of the State of Missouri to regulate the intrastate use and acquisition of certain firearms pursuant to the reserved powers of the state over intrastate commerce and the Second Amendment right to keep and bear arms.”

While the bill’s title focuses solely federal gun regulations, it has far more to do with the 10th Amendment’s mandate that powers not delegated to the federal government are “reserved to the states, respectively, or to the people.” It states:

Amendment X of the Constitution of the United States guarantees to the states and their people all powers not granted to the federal government elsewhere in the Constitution and reserves to the state and people of Missouri certain powers as they were understood at the time that Missouri was admitted to statehood. The guarantee of those powers is a matter of contract between the state and people of Missouri and the United States as of the time that the compact with the United States was agreed upon and adopted by Missouri and the United State

Amendment II of the Constitution of the United States reserves to the people the right to keep and bear arms as that right was understood at the time that Missouri was admitted to statehood, and the guarantee of the right is a matter of contract between the state and people of Missouri and the United States as of the time that the compact with the United States was agreed upon and adopted by Missouri and the United States

Some supporters of the legislation say that a successful application of such a state-law would set a strong precedent and open the door for states to take their own positions on a wide range of activities that they see as not being authorized to the Federal Government by the Constitution.

Firearms Freedom Acts have already passed in both Montana and Tennessee, and have been introduced in a number of other states around the country. (Click here to see the full list)

There’s been no lack of controversy surrounding these laws, either. The Tenth Amendment Center recently reported on the ATF’s position that such laws don’t matter:

The Federal Government, by way of the Bureau of Alcohol, Tobacco and Firearms expressed its own view of the Tenth Amendment this week when it issued an open letter to ‘all Tennessee Federal Firearms Licensees’ in which it denounced the opinion of Beavers and the Tennessee legislature. ATF assistant director Carson W. Carroll wrote that ‘Federal law supersedes the Act’, and thus the ATF considers it meaningless.

Constitutional historian Kevin R.C. Gutzman sees this as something far removed from the founders’ vision of constitutional government:

“Their view is that the states exist for the administrative convenience of the Federal Government, and so of course any conflict between state and federal policy must be resolved in favor of the latter.”

“This is another way of saying that the Tenth Amendment is not binding on the Federal Government. Of course, that amounts to saying that federal officials have decided to ignore the Constitution when it doesn’t suit them.”

Advocates of these efforts say it doesn’t matter if the federal government disagrees, or even threatens states over funding, as they did recently with Oklahoma. Gary Marbut, author of the Montana Firearms Freedom Act, and founder of FirearmsFreedomAct.com took this position in a recent interview with the Tenth Amendment Center:

“We’re not depending on permission from federal judges to be able to effectuate our state-made guns bills. And, we’re working on other strategies to wrest essential and effective power from the federal government and put it where it belongs.“

The principle behind such legislation is nullification, which has a long history in the American tradition. When a state ‘nullifies’ a federal law, it is proclaiming that the law in question is void and inoperative, or ‘non-effective,’ within the boundaries of that state; or, in other words, not a law as far as the state is concerned.

All across the country, activists and state-legislators are pressing for similar legislation, to nullify specific federal laws within their states.

A proposed Constitutional Amendment to effectively ban national health care will go to a vote in Arizona in 2010. Thirteen states now have some form of medical marijuana laws – in direct contravention to federal laws which state that the plant is illegal in all circumstances. And, massive state nullification of the 2005 Real ID Act has rendered the law virtually null and void.

While some advocates concede that a federal court battle has a slim chance of success, they point to the successful nullification of the Real ID Act as a blueprint to resist various federal laws that they see as outside the scope of the Constitution.

Some say that each successful state-level resistance to federal programs will only embolden others to try the same – resulting in an eventual shift of power from the federal government to the States and the People themselves.

Copyright © 2009 by TenthAmendmentCenter.com. Permission to reprint in whole or in part is gladly granted, provided full credit is given.

[granite]

"Amendment II of the Constitution of the United States reserves to the people the right to keep and bear arms as that right was understood at the time that Missouri was admitted to statehood, and the guarantee of the right is a matter of contract between the state and people of Missouri and the United States as of the time that the compact with the United States was agreed upon and adopted by Missouri and the United States"

[JSDude1]

Ping

[The Magical Mischief Tour]

All these states have to do is to start arresting Federal LEO’s when they attempt to enforce laws contrary to state law.

[patriot preacher]

They should. They MUST — and so must EVERY other State that wishes to return the US to it’s CONSTITUTIONAL governing principles.

[ForGod'sSake]

Thanks JSDude1! I have been less than diligent of late in keeping up with 10th Amendment and related developments. It's that time of year again when thoughts turn to things closer to hearth and home. I'll try to do better...

Missouri has thumbed their nose at the federales!

Please ~ping~ me to articles relating to the 10th Amendment/States Rights so I can engage the pinger.

I've stopped monitoring threads and unilaterally adding names to the ping list, so if you want on or off the list just say so.

Additional Resources:

Tenth Amendment Chronicles Thread
Tenth Amendment Center
The Right Side of Life/State Initiatives
Sovereign States
Firearms Freedom Act

CLICK HERE TO FIND YOUR STATE REPRESENTATIVES

[JohnQ1]

Google “National Sovereignty Symposium,” Jan 16, ‘10 in Omaha. Just one evening, starting at 6:30, focus on Sheriffs as oldest and most autonomous of our LEOs.

[NTHockey]

>>Constitutional historian Kevin R.C. Gutzman sees this as something far removed from the founders’ vision of constitutional government:

“Their view is that the states exist for the administrative convenience of the Federal Government, and so of course any conflict between state and federal policy must be resolved in favor of the latter.” <<

The states exist for the administrative convenience of the Federal government? Is that what the princes and princesses think? They are in for a rude shock. Andrew Jackson once said:”John Marshall has made his decison. Now let him enforce it.”

[Paine in the Neck]

I am all in favor of 10A nullification but I have been mulling over how it could actually be made to stick.

The principal difficulty is money — and the power that money holds. The particular weak point of nullification is the power of the purse that the Federal gov’t has over states.

Because of the 16th Amendement (income tax) and, more especially, the Current Tax Payment Act of 1943 (withholding) there is little counterforce that States can apply, after the symbolic act of declaring their 10th Amendment refusal to comply, when the Federal gov’t inevitably shuts off Federal funds.

What step short of armed resistance can a State then take?

[KoRn]

.

[Carry_Okie]

ATF assistant director Carson W. Carroll wrote that ‘Federal law supersedes the Act’, and thus the ATF considers it meaningless.

If these States really mean it, their AGs should eventually issue a finding that any agent of the ATF on official business in State should be arrested and deported. I like the idea of more States enacting similar laws before taking said action, but it must happen eventually or they are meaningless.

[stevie_d_64]

If the administration and the majority party continue to not allow the people, and their conservative representatives, to engage in the debate, discussion and be able to introduce credible amendments to the efforts by the radical progressive and their “assumptive reasonings” to the issues like Cap and Trade, Government tun healthcare, treaties (like the Copenhagen “American hatefest”)...

Then I say that every single cotton-pickin’ Republican and conservative representative needs to go out every single day, get in front of the camera and state as much...

Everyday, without fail, question the liberal statists’ agenda...

If conservatives are to be locked out, fine...We’ll be outside pointing at the locked doors...

I believe everyone should send this instruction to their elected officials right now...

[Manly Warrior]

Can you provide a citation for this quote?

Thanks.

[Manly Warrior]

Can you provide a citation for this quote?

Thanks.

[granite]

http://www.tenthamendmentcenter.com/2009/12/07/will-missouri-nullify-federal-gun-laws/

[granite]

http://house.mo.gov/content.aspx?info=/bills101/bills/HB1230.htm

[Cboldt]

-- All these states have to do is to start arresting Federal LEO's when they attempt to enforce laws contrary to state law. --

They have to do more than pass declaratory rhetoric. The Montana legislature considered and rejected providing statutory languge that would defend, in court, a person charged with violating the federal law while being in compliance with the state law.

http://www.freerepublic.com/focus/f-news/2270898/posts?page=11#11

Section 7. Duties of the attorney general.
(1) A Montana citizen whom the government of the United States attempts to prosecute, under the congressional power to regulate interstate commerce, for violation of a federal law concerning the manufacture, sale, transfer, or possession of a firearm, a firearm accessory, or ammunition manufactured and retained within Montana must be defended in full by the Montana attorney general.
(2) Upon written notification to the Montana attorney general by a Montana citizen of intent to manufacture a firearm, a firearm accessory, or ammunition to which [sections 1 through 7] apply, the attorney general shall seek a declaratory judgment from the federal district court for the district of Montana that [sections 1 through 7] are consistent with the United States constitution.

[o_zarkman44]

More Missouri 10th Amendment moves here. We are rocking mad at the federalies here.

Regarding Filing of the Missouri Health Care Freedom Act
Proposed Measure Would Add Missouri to 25+ States Seeking to
Protect their Citizens from Federal Health Care Mandates &
to Protect their Right to Choose Their Own Health Care

JEFFERSON CITY—Representative Timothy Jones, R-Eureka, is announcing that he will join Senator Jane Cunningham, R-Chesterfield, on WEDNESDAY, DECEMBER 9, 2009 AT 10:00am AT CHESTERFIELD CITY HALL (located at 690 Chesterfield Parkway West, Chesterfield, Missouri) to discuss legislation they each will be pre-filing this month for consideration during the 2010 legislative session that is designed to protect the health care freedom currently enjoyed by all Missourians.
Representative Jones and Senator Cunningham will introduce legislation in the form of a proposed state constitutional amendment that is designed to protect Missourians from federal health care mandates and guarantee Missourians the right to continue to choose their own health care and insurance options. The proposed legislation would also protect small business owners from the fines that are part of the current federal health care “reform” package that will be assessed for declining to participate in government run health care mandates.
The legislation would add Missouri to a list of over two dozen states calling for legislation or state constitutional amendments to guard citizens against attempts to socialize health care through the “public option” health care mandate currently under consideration by Congress. Arizona already has such a measure on its 2010 ballot.
“If this measure is passed by the Legislature, Missouri voters would have an opportunity to decide if they want to send a message to Washington that participation in an insurance plan is a personal right and a freedom which should not be infringed upon,” Representative Jones said.
All are invited and encouraged to attend the press conference. For more information or to contact Representative Jones on this or any legislative matter, you may reach him at 573-751-0562 or via e-mail at tim.jones@house.mo.gov.

[o_zarkman44]

“All these states have to do is to start arresting Federal LEO’s when they attempt to enforce laws contrary to state law.”

That is the job of the local Sheriff, who has the ultimate jurisdiction over the Fuds.
We are working to include the sheriffs in each county in the Oathkeepers and provide them with the proper education in local constitutional process.

[SeaHawkFan]

Federal LEOs can have their criminal cases removed to US District courts if their crimes are related to the performance of their duties.

I suppose the sheriff could keep rearresting them.

[o_zarkman44]

“ATF assistant director Carson W. Carroll wrote that ‘Federal law supersedes the Act’,”

IN HER OPINION. It is not law on the books, it is internal agency policy, not unlike a lot of other federal mandates which are not actually law, but internal policy.

Only congress is authorized by the Constitution to make law, not the executive branch.