Federal law may hold no grounds in Missouri
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Federal law may hold no grounds in Missouri

Date: September 4, 2013
By: Creighton Hayes
State Capitol Bureau
Links: HB 436

JEFFERSON CITY - Enforcement of some federal gun laws could be illegal if lawmakers override the governor’s veto of a gun bill next week.

The act has raised substantial controversy regarding regulations of firearms, firearms in schools, and the legality of publishing a gun owner’s name in a public forum.

The bill specifies all  federal laws that limit the people’s right to keep and bear arms invalid and not recognized by the state government.

If passed, no public officer or state employee would have authority to enforce any federal gun laws doing so would be a class A misdemeanor.

The bill also prohibits any person or entity (reporters, news outlets, etc.) from publishing the name, address or other identifying information of any gun owner or potential gun owner in the state.

Bill sponsor Rep. Doug Funderburk, R-St.Peters, says the provision was added in response to the Sandy Hook tragedy and the concerns of the Department of Revenue's mishandling of conceal and carry information.

"This type of information, that is not public information, will be much more secure and Missourians can be more confident that it is," said Funderburk.

Attorney General Chris Koster, and several other leaders of the Democratic party, strongly oppose the bill calling some of the provisions unconstitutional.

Koster wrote in his statement, "while state legislatures have occasionally sought to nullify various federal laws through history, the U.S. Supreme Court has shown no patience for these exercises."

Gov. Jay Nixon cited the bill as unconstitutional and an infringement on the exercise of free speech.

Also under this bill, school districts may appoint “School Protection Officers” in elementary and secondary schools. These “officers” are full-time teachers with permission to carry a firearm at all times on school property, and can detain any person in violation of state law or school policy.

Lawmakers will have a chance to override the governor's veto on Wednesday, September 11, during the veto session.


 


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