nullification Archives

House passes gun nullification legislation

May 14, 2014 By Mike Lear

The state House has passed this year’s attempt at a law to nullify federal gun laws in Missouri. The bill would declare null and void any current or future gun law or regulation that infringes on the right to keep and bear arms.

State representative Doug Funderburk (photo courtesy; Tim Bommel, Missouri House Communications)

Representative Doug Funderburk (R-St. Peters) says he has removed a provision that would have caused a law enforcement officer who enforces such a federal law to be prevented from ever being a Missouri law enforcement officer again.

“I don’t want to risk a good law enforcement officer’s career on the potential that they may have made a one-time mistake in the carrying-out of their duties,” says Funderburk.

The legislation is HB 1439

Representative Judy Morgan (D-Kansas City) says the bill is clearly unconstitutional and will be thrown out by courts. She is also concerned about some of the laws it seeks to nullify.

“It’s against federal laws for any person to sell any firearm or ammunition to felons, fugitives from justice, unlawful drug users, anyone who has been committed to a mental institution or anyone who has been convicted in any court of a misdemeanor crime of domestic violence,” notes Morgan.

The House’s bill would also let Missourians sue federal workers for enforcing federal laws.

The two chambers have only until Friday evening to agree on a law and send it to the Governor.

House endorses its version of federal gun law nullification legislation

April 1, 2014 By Mike Lear

The House has given initial approval to a bill meant to nullify federal gun laws within the state.

Representatve Doug Funderburk (photo courtesy; Tim Bommel, Missouri House Communications)

The bill, HB 1439, would deny state law enforcement agencies and courts the power to enforce federal gun laws and would make anyone deemed in violation of a Missourian’s Second Amendment Rights liable to legal action by that Missourian.

Other versions of the legislation would have made law enforcement officers subject to criminal prosecution for enforcement of the gun laws targeted by the measure. Sponsor, Representative Doug Funderburk (R-St. Peters) says he removed that language at the request of law enforcement.

“This is what law enforcement said was their most deep, heartfelt concern about the bill from last year and the bill that I originally filed this year,” said Funderburk.

The bill would also allow specified school personnel to carry concealed weapons with specific training. Representative Rick Brattin (R-Harrisonville) says that will serve as a deterrent to anyone who would consider carrying out a school shooting.

Representative Genise Montecillo (D-St. Louis) isn’t convinced that is the proper role for a teacher.

“I have no issue with having trained, real police officers in our schools. I think that’s a good idea. I encourage that. I’ve seen the effect and the impact that they’ve had in my school district. I do have issue putting folks that have sort of a pseudo police officer training and having folks filling two different roles.”

The proposal would not allow public hearings by school districts before the allowing of armed school personnel on school grounds.

Those House Democrats that oppose the legislation dismiss it as unconstitutional.

“On its face it contradicts our oath of office,” says Representative Stacey Newman (D-St. Louis). “It’s going straight to court if it becomes law.”

The legislation would prevent a medical practitioner from being required to ask a patient about his or her gun ownership status or to disclose such information except in specific circumstances.

The proposal would bar the disarming of a person carrying openly or concealed unless he or she is under arrest and lowers the minimum age at which one can obtain a concealed carry permit from 21 to 19.

It requires another favorable vote to go to the Senate.