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Biden Administration Sues State of Missouri to Invalidate 2A Protection Act
AmmoLand ^ | February 23, 2022 | Dean Weingarten

Posted on 03/29/2022 10:18:21 AM PDT by marktwain

On February 16, 2022, the Biden Administration filed a lawsuit in the United States District Court for the Western District of Missouri, Central Division, claiming the Second Amendment Protection Act, (SAPA) was unconstitutional.

From the federal filing:

This lawsuit challenges a Missouri state statute that purports to invalidate federal firearm laws within the State. The Missouri law uniquely discriminates against federal agencies and employees; impairs law enforcement efforts in Missouri; and contravenes the Supremacy Clause of the United States Constitution.

The statute referred to was passed as HB 85 and 310. The bills specifically challenge federal power in several ways. The bills are a direct challenge to federal power to regulate and tax arms, as well as an anti-commandeering measure. From the bill:

(6) The people of the several states have given Congress the power “to regulate commerce with foreign nations, and among the several states”, but “regulating commerce” does not include the power to limit citizens’ right to keep and bear arms in defense of their families, neighbors, persons, or property nor to dictate what sorts of arms and accessories law-abiding Missourians may buy, sell, exchange, or otherwise possess within the borders of this state;

(7) The people of the several states have also granted Congress the powers “to lay and collect taxes, duties, imports, and excises, to pay the debts, and provide for the common defense and general welfare of the United States” and “to make all laws which shall be necessary and proper for carrying into execution the powers vested by the Constitution of the United States in the government of the United States, or in any department or office thereof”. These constitutional provisions merely identify the means by which the federal government may execute its limited powers and shall not


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


TOPICS: Constitution/Conservatism; Culture/Society; Government; US: Missouri
KEYWORDS: 2a; banglist; lawsuit; missouri; mo
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To: vikingd00d

Bkmk sanctuary


21 posted on 03/29/2022 12:05:48 PM PDT by ptsal (Vote R.E.D. >>>Remove Every Democrat ***)
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To: marktwain

The FedGov leviathan has taken the bait. Lord, help us take him with a fishhook, as you told Job. “Shall not be infringed,” or not?


22 posted on 03/29/2022 12:15:42 PM PDT by backwoods-engineer (Hold on, y'all, 2022 is going to be a ride you won't soon forget!)
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To: sergeantdave

NAILED IT.


23 posted on 03/29/2022 12:16:45 PM PDT by backwoods-engineer (Hold on, y'all, 2022 is going to be a ride you won't soon forget!)
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To: marktwain
The Supremacy Clause. Wouldn't that make the 2nd Amendment "supreme" over attempts to override and infringe on its very nature...including statutory laws created by Congress?
24 posted on 03/29/2022 12:32:10 PM PDT by Myrddin
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To: marktwain

can it be said that the biden administration is in conflict with what the constitution states, shall not be infringed.

perhaps they are rebelling against the constitution, and should be ineligible to hold any office.


25 posted on 03/29/2022 12:42:29 PM PDT by teeman8r (Armageddon won't be pretty, but it's not like it's the end of the world or something )
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To: midwest_hiker

It says “shall not be infringed”.
So where does the fed get the power to tax and regulate.🖕


26 posted on 03/29/2022 2:54:43 PM PDT by BiteYourSelf ( Earth first we'll strip mine the other planets later.)
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To: Bob434

Actually the Constitution is there as a control on the government ... By the people!


27 posted on 03/29/2022 3:09:30 PM PDT by justme4now (Falsehood flies, and the Truth comes limping after it)
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To: justme4now

True, but also,to confirm that yep, we do have inalienable rights given by God, and not granted by the government.

Here is what legaldictionary says about inalienable rights

“Personal rights held by an individual which are not bestowed by law, custom, or belief, and which cannot be taken or given away, or transferred to another person, are referred to as “inalienable rights.”

The right to self defense is one given by God. And if,it takes guns to defend ourselves with, then that too is an inalienable right as the bad guys Will have them and we have a right to defend ourselves effectively.

The scum onmthe left don’t think we should,have a,right to defend ourselves agaisnt armed criminals. They coddle themcriminals,the criminals, turn around and make criminals,out of,law abiding citizens. The left do not love this,country, nor the legal citizens in it


28 posted on 03/30/2022 7:51:03 AM PDT by Bob434
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To: Bob434

Today, when a concerted effort is made to obliterate this point, it cannot be repeated too often that the Constitution is a limitation on the government, not on private individuals- that it does not prescribe the conduct of private individuals, only the conduct of the government- that it is not a charter for government power, but a charter of the citizen’s protection against the government.
(Ayn Rand)


29 posted on 03/30/2022 1:34:45 PM PDT by justme4now (Falsehood flies, and the Truth comes limping after it)
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To: marktwain

I hope Missouri can stretch the case out beyond Bidet’s term.


30 posted on 03/30/2022 1:39:02 PM PDT by Rebelbase
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