Proposed Missouri law

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Missouri Bills Take on Federal Gun Control; Past, Present and Future
By: Mike Maharrey|Published on: Dec 10, 2019|Categories: Right to Keep and Bear Arms, State Bills|

JEFFERSON CITY. Mo. (Dec. 10, 2019) – Bills prefiled in the Missouri legislature would set the foundation to create a “gun rights sanctuary state” by banning state and local enforcement of most federal gun control. Passage into law would represent a major step toward ending federal acts that infringe on the right to keep and bear arms within the state in practice and effect.

Sen. Eric Burlison (R-Battlefield) filed Senate Bill 588 (SB588) for introduction in the 2020 legislative session. Rep. Jered Taylor (R-Republic) filed the House companion bill, House Bill 1637 (HB1637). Titled the “Second Amendment Preservation Act,” the legislation would ban any person, including any public officer or employee of the state and its political subdivisions, from enforcing any past, present or future federal “acts, laws, executive orders, administrative orders, court orders, rules, or regulations” that infringe on the right to keep and bear arms.

The bills include a detailed definition of actions that qualify as “infringement,” including but not limited to:

  • taxes and fees on firearms, firearm accessories or ammunition that would have a chilling effect on firearms ownership;
  • registration and tracking schemes applied to firearms, firearm accessories or ammunition that would have a chilling effect;
  • any act forbidding the possession, ownership, or use or transfer of a firearm, firearm accessory, or ammunition by law-abiding citizens;
  • any act ordering the confiscation of firearms, firearm accessories, or ammunition from law-abiding citizens.
The proposed law defines “law-abiding citizen” as “a person who is not otherwise precluded under state law from possessing a firearm.”

Under the proposed law, infringement on the right to keep and bear arms would include the National Firearms Act of 1934, the Gun Control Act of 1968. Pres. Trump’s bump-stock ban, proposed federal “red-flag laws,” and any future gun control schemes implemented by the federal government.

The legislation includes a provision that would allow anybody who violates the law and knowingly deprives somebody of their right to keep and bear arms as defined by the law to be sued for damages in civil court.

“Sovereign, official, or qualified immunity shall not be an affirmative defense in such actions.”

The bills also include provisions that would apply to federal agents who knowingly enforce or attempt to enforce any of the infringing acts identified in the law, or who give material aid and support to such enforcement efforts.

Under the proposed law, they would “be permanently ineligible to serve as a law enforcement officer or to supervise law enforcement officers for the state or any political subdivision of the state.” This would also apply to state or local law enforcement agents working with federal task forces or deputized by federal agencies.

In other words, Missouri law enforcement officers who cooperate with the feds in a violation of a person’s right to keep and bear arms would lose their jobs and never be able to work in Missouri law enforcement again.
 

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