October 2, 2014

Gun bill would uphold Missouri right to bear arms, despite executive orders from federal government

Rep. Casey Guernsey (R-Bethany) is filing legislation today that he says combats the impending encroachment of our basic Second Amendment Rights. He invited all legislators to co-sign the bill. He says several dozen of them have … all Republican.

The bill is in reaction to Vice President Biden’s task force on gun law reform, and the feeling that President Obama will, by executive order, restrict access to firearms.

Guernsey says he is surprised no Democrats have signed the bill although Minority Leader Jake Hummel has said before he supports gun rights as a gun owner. Guernsey says his bill protects more than Missourians’ right to bear arms, and also protects Missouri’s Tenth Amendment Rights.

That’s the one that emphasizes the limited nature of the powers delegated to the federal government in certain measures not specifically outlined in the Constitution.

Representative Casey Guernsey says his bill is about guns, but voters should be concerned any time the federal government wants to unilaterally take away rights.

Missouri is following the lead of Wyoming lawmakers, who have taken up a measure that says states’ rights for its citizens to bear arms cannot be taken away by the federal government. Guernsey says his bill says it is unlawful for Missouri authorities or firearms dealers to enforce any federal law relating to a personal firearm, firearm accessory, or ammunition. Wyoming’s “Firearms Protection Act” bill would make any federal law banning semi-automatic firearms or limiting the size of gun magazines unenforceable within the state’s boundaries. Guernsey’s bill is modeled after that state’s legislation.

“This bill specifies that it is unlawful for any officer or employee of the state or any political subdivision, or any licensed federal firearms dealer to enforce, or attempt to enforce, any federal law relating to a personal firearm, firearm accessory, or ammunition that is owned or manufactured in this state and remains exclusively within the boundaries of the state,” Guernsey said in an e-mail. “Any federal official who enforces, or attempts to enforce, any such federal law or order will be guilty of a class D felony. The Attorney General may defend any citizen in violation of any such federal order. Further, any federal law or order created or effective after January 1, 2013, is unenforceable in the state if it attempts to ban or restrict ownership of a semi-automatic firearm or any magazine or require any to be registered in any manner. The bill does contain an Emergency Clause.”

AUDIO: Jessica Machetta reports (1:18)