Sen. Eric Burlison (R-Battlefield), an MO state legislator, introduced SB 39 – a bill designed to nullify any gun control efforts Biden might create. The “Second Amendment Preservation Act” sets up a legal protection for gun owners in Missouri against any Federal moves to take away their gun rights. (Breitbart)
The Mo State Legislature
The bill was prefiled on December 1, 2020, and first read on January 6. It was then referred to the General Laws committee. A hearing was conducted for the bill on January 19.
This act creates the “Second Amendment Preservation Act”, and lists various declarations of the Missouri General Assembly regarding the United States Constitution and the scope of the federal government’s authority. In addition, the act declares that federal supremacy does not apply to federal laws that restrict or prohibit the manufacture, ownership, and use of firearms, firearm accessories, or ammunition within the state because such laws exceed the scope of the federal government’s authority. Laws necessary for the regulation of the land and the United States Armed Forces are excluded from the types of federal firearms laws that exceed federal authority.
This act declares as invalid all federal laws that infringe on the right to bear arms under the Second Amendment to the U.S. Constitution and Article I, Section 23 of the Missouri Constitution. Some laws declared invalid under this act include certain taxes, certain registration and tracking laws, certain prohibitions on the possession, ownership, use, or transfer of a specific type of firearm, and confiscation orders.The act declares that it is the duty of the courts and law enforcement agencies to protect the rights of law-abiding citizens to keep and bear arms.
Under this act, no public officer or state or local employee has the authority to enforce firearms laws declared invalid by the act.
Any public officer or state or local employee who tries to enforce the firearms law declared invalid by the act or any person who acts under the color of law to deprive a Missouri citizen of rights or privileges ensured by the federal and state constitutions shall be liable for redress. In such an action attorney’s fees and costs may be awarded, and official or qualified immunity shall not be available to the defendant as a defense. Such officer or employee may also be prohibited from serving as a law enforcement officer for the state or any political subdivision.
SB 39, Missouri State Legislature
The MO State Legislator, Eric Burlison, represents Greene and Christian counties in the state. If the bill passes, it would be a momentous statement against Biden’s gun control agenda.
No one testified against the bill at Tuesday’s hearing, although there was written testimony submitted against it. While some who testified for the bill share Burlison’s concern about the Biden Administration, others are more concerned about their personal protection.
Chuck Marley of eastern Missouri’s High Ridge traveled to Jefferson City to testify for the Burlison bill, saying his son was shot to death in September 2018 while giving a ride to a man who requested one. Marley urges senators to help law-abiding citizens to protect themselves.
“Alex’s killer was a felon on parole from federal prison. He should never have had a gun,” says Marley. “It was illegal for him to have a gun but guess what, he had a gun. No amount of laws is going to keep criminals from having a gun.”
The only people who testified against the bill were a few letter writers, but no in-person witnesses. The committee will vote on the bill at its next meeting. The bill should be Constitutional under the Tenth Amendment for state’s sovereignty, but one judge who reviewed it stated it looked unconstitutional on its “face.” There are certain to be court challenges if it is passed.
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