Author Topic: Missouri Second Amendment Protection Act is now law  (Read 4865 times)

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Offline dwhite

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Missouri Second Amendment Protection Act is now law
« on: June 12, 2021, 05:34:40 PM »
Today, Missouri Governor Parson signed into law the Second Amendment Protection Act (SAPA).

This is one of the most strongly worded such acts in the country:

Declares that laws, rules, orders, or other actions that collect data, restrict or prohibit the manufacture, ownership, and use of firearms, firearm accessories, or ammunition exclusively within this state exceed the powers granted to the federal government except to the extent they are necessary and proper for governing and regulating land and naval forces of the United States or for organizing, arming, and discipling militia forces actively employed in the service of the United States Armed Forces. Infringing actions would include any registration or tracking of firearms, firearm accessories, or ammunition or any registration or tracking of the ownership of firearms, firearm accessories, or ammunition;

Declares that all federal acts, laws, executive orders, administrative orders, court orders, rules, and regulations, whether past, present, or future, that infringe on the people’s right to keep and bear arms as guaranteed by the Second Amendment to the United States Constitution and Article I, Section 23 of the Missouri Constitution must be invalid in this state, including those that impose a tax, levy, fee, or stamp on these items as specified in the bill; require the registration or tracking of these items or their owners; prohibit the possession, ownership, use, or transfer of a firearm; or order the confiscation of these items;

Declares that it must be the duty of the courts and law enforcement agencies to protect the rights of law-abiding citizens to keep and bear arms and that no person, including a public officer or state employee of this state or any political subdivision of this state, can have authority to enforce or attempt to enforce any federal laws, orders, or rules infringing on the right to keep and bear arms;

Violations of the act will be costly: $50,000 plus reasonable attorney’s fees. A spokesperson for Missouri Governor Parson stated that he is fully aware of the ramifications of the new law.

“The Governor is aware of the legal implications of this bill, but also that, now more than ever, we must define a limited role for federal government in order to protect citizen’s rights guaranteed by the Second Amendment of the United States Constitution.”


It's a good day to be a Missourian!!!

Offline wellthought

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Re: Missouri Second Amendment Protection Act is now law
« Reply #1 on: July 06, 2021, 01:02:51 PM »
Awesome!

Offline M300Pilot

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Re: Missouri Second Amendment Protection Act is now law
« Reply #2 on: July 06, 2021, 01:31:23 PM »
Makes me wonder how things are here on the Kansas side.  Now, it is about a 25 minute trip down 435 so I could stop for lunch if I need to flee from the State of Kansas.

Offline double-d

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Re: Missouri Second Amendment Protection Act is now law
« Reply #3 on: July 06, 2021, 02:42:08 PM »
Makes me wonder how things are here on the Kansas side.  Now, it is about a 25 minute trip down 435 so I could stop for lunch if I need to flee from the State of Kansas.

PSSST-
You can't flee from Kansas unless you make it permanent...... leaving for lunch is simply a lunch trip.

Offline sevt_chevelle

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Re: Missouri Second Amendment Protection Act is now law
« Reply #4 on: July 06, 2021, 06:52:09 PM »
One of the very few things I miss about living in the KC metro.

Offline TRS75TSO

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Re: Missouri Second Amendment Protection Act is now law
« Reply #5 on: August 18, 2021, 07:26:59 PM »
Win for MO!
Due to rising costs we can no longer afford bells and whistles and will rely on smoke and mirrors alone.

Offline Codename46

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Re: Missouri Second Amendment Protection Act is now law
« Reply #6 on: January 12, 2022, 01:40:49 PM »
A big win for Missouri!

Offline JamesCC

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Re: Missouri Second Amendment Protection Act is now law
« Reply #7 on: March 10, 2022, 01:27:58 PM »
Wonder if other states will follow?

Offline dwhite

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Re: Missouri Second Amendment Protection Act is now law
« Reply #8 on: March 11, 2022, 12:54:38 PM »
Wonder if other states will follow?

A few states have already. But Biden's DOJ is now suing the Missouri law claiming that it attempts to supersede federal law (which it doesn't). I predict this DOJ lawsuit will fail -- as have the earlier lawsuits filed in state court.

Offline Skookum

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Re: Missouri Second Amendment Protection Act is now law
« Reply #9 on: March 11, 2022, 01:59:50 PM »
As the ATF has recently admitted maintaining an effective gun registry (http://www.renegadetribune.com/atf-admits-to-secret-database-of-nearly-one-billion-gun-records/), will MOans now be exempt from NICS checks?
Skookum
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Offline dwhite

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Re: Missouri Second Amendment Protection Act is now law
« Reply #10 on: March 12, 2022, 10:50:52 AM »
As the ATF has recently admitted maintaining an effective gun registry (http://www.renegadetribune.com/atf-admits-to-secret-database-of-nearly-one-billion-gun-records/), will MOans now be exempt from NICS checks?

I'm not lawyer; so consider that in my response. But my understanding is that no, NICS checks will still be required (and I've had several performed since the law went into effect).

What makes the Missouri law work is that it does not supersede federal law. This is why I and others believe the DOJ lawsuit will fail. What it DOES do is prevent state/county/city officials and law enforcement from assisting the enforcement/prosecution of federal firearms laws that are in conflict with state laws. So...

  • Federal agents may continue to enforce ALL federal firearm laws in Missouri. They simply won't be assisted by state and local officials where there is a conflict in laws. Realistically the ATF doesn't have nearly enough manpower to do much by itself.
  • Where there is no conflict in the laws (for example possession of a machine gun), then state officials could assist; but may be wary of doing so due to the large fines possible for violation.
  • FFLs are not state officials. Also their license and it's requirements are made at the federal level. So I do not believe the Missouri law would impact NICS checks.
Maybe a Missouri lawyer will step in to correct any errors in my understanding.

Offline Skookum

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Re: Missouri Second Amendment Protection Act is now law
« Reply #11 on: March 12, 2022, 12:44:06 PM »
dwhite,

Your argument is sound.  However, the ATF's illegal registry must be populated by NICS checks.  Allowing MO FFL-holders to initiate such checks now seems to violate state law.

Could an FFL-holder face liability from the state for initiating a NICS check, given that such checks feed a registry?  Could someone open a gun shop in MO now without an FFL?  Although, it would likely be impossible to stock such a shop with anything other than made-in-MO firearms.
Skookum
Browning Challenger III, .22 Long Rifle, Glossy Blue
CZ 83, 9 Browning Court, Satin Nickel
CZ 75 Compact, 9 Luger, Dual Tone — Satin Nickel/Matte Blue
CZ 82, 9 Makarov, Czechoslovak People's Army Black
CZ 83, 7.65 Browning, Glossy Blue
Beretta 3032 Tomcat, .32 Auto, Inox

Offline dwhite

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Re: Missouri Second Amendment Protection Act is now law
« Reply #12 on: March 12, 2022, 06:13:46 PM »
dwhite,
Could an FFL-holder face liability from the state for initiating a NICS check, given that such checks feed a registry?  Could someone open a gun shop in MO now without an FFL?  Although, it would likely be impossible to stock such a shop with anything other than made-in-MO firearms.

Good thoughts. But again with the qualifier that I'm not an attorney; I don't believe this would be possible.

The Second Amendment Protection Act (SAPA) only applies to and only penalizes state officials for violations. FFLs are not state officials.

Now for the potentially bad news. The US House and Senate yesterday approved the ominbus spending bill. Buried in this very large bill was funding for the ATF to "deputize" local law enforcement and prosecutors as "federal" officials for the enforcement of federal gun law. The specific intent of this was to bypass state laws like SAPA. By "federally deputizing" state officials, the DOJ hopes to bypass the requirements of SAPA.

A state official could of course decline to be deputized; but if you live in a liberal city like I do (which sued the state about SAPA, and lost), they would in fact be extremely eager to play along with the ATF as "deputized" officials.

Even more maddeningly, the NRA was reportedly asked to review the omnibus bill (to look for buried anti-2A items). Reportedly the NRA decided to take no position on this bill.

For details (this affects every state), see the following YouTube videos:
https://www.youtube.com/watch?v=QsnZIw-7QVc
https://www.youtube.com/watch?v=c2uJNgbqinc
https://www.youtube.com/watch?v=jEjL4lpVTts
« Last Edit: March 13, 2022, 11:27:10 AM by dwhite »

Offline Hammer Time

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Re: Missouri Second Amendment Protection Act is now law
« Reply #13 on: March 12, 2022, 06:42:42 PM »
That's great news - congrats.

Something is very off-track when states have to pass acts to protect the Constitution.