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Missouri Poised to Enact Measure Nullifying Federal Gun Laws

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Photo Credit: Reuters

Photo Credit: Reuters

The Republican-led Missouri Legislature is expected to override Gov. Jay Nixon’s veto of a bill that would expand gun rights and make federal gun regulations unenforceable — even as similar laws in other states designed to buck federal gun rules face legal challenges.

Several of Nixon’s fellow Democrats told The Associated Press that they would vote to override his veto when lawmakers convene in September, even while agreeing with the governor that the bill couldn’t survive a court challenge. Many of them noted that in some parts of Missouri, a “no” vote on gun legislation could be career ending.

The legislation would make it a misdemeanor for federal agents to attempt to enforce any federal gun regulations that “infringe on the people’s right to keep and bear arms.” The same criminal charges would apply to journalists who publish any identifying information about gun owners. The charge would be punishable by up to a year in jail and a $1,000 fine.

Nixon said the bill infringes on the U.S. Constitution by giving precedence to state law over federal laws and by limiting the First Amendment rights of media.

The legislation is one of the boldest measures yet in a recent national trend in which states are attempting to nullify federal laws. A recent Associated Press analysis found that about four-fifths of the states have enacted local laws that directly reject or ignore federal laws on gun control, marijuana use, health insurance requirements and identification standards for driver’s licenses. Relatively few of those go so far as to threaten criminal charges against federal authorities.

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Rising State Anger Against Feds Results in Dozens of Nullification Efforts Across US

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Photo Credit: APInfuriated by what they see as the long arm of Washington reaching into their business, states are increasingly telling the feds: Keep out!

Bills that would negate a variety of federal laws have popped up this year in the vast majority of states – with the amount of anti-federal legislation sharply on the rise during the Obama administration, according to experts.

The “nullification” trend in recent years has largely focused on three areas: gun control; health care; and national standards for driver’s licenses. It’s touched off fierce fights within the states, and between the states and the feds, as well as raising questions and court battles about whether any of it is legal.

In at least 37 states legislation has been introduced that in some way guts federal gun regulations, according to the Brady Center to Prevent Gun Violence. The bills were signed into law this spring in two states, Kansas and Alaska, and in two more lawmakers hope to override a governor’s veto. Twenty states since 2010 have passed laws that either opt out of or challenge mandatory parts of Obamacare, the National Conference of State Legislatures says. And half the states have OK’d measures aimed knocking back the Real ID Act of 2005, which dictates Washington’s requirements for issuing driver’s licenses.

…In fact, the state-level anger at the nation’s capital has reached such a fever pitch that many of the bills do not even address specific federal laws, but rather amount to what is in effect “preemptive” nullification, wiping out, for instance, any federal law that may exist in the future that the states determine violates gun rights. The flurry of such efforts was spurred by fear on the part of states that in the wake of the tragic shooting at Sandy Hook Elementary in Newtown, Conn., that Congress would pass restrictive gun control legislation.

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Missouri Governor Vetoes Bill that Nullified Federal Gun Laws

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Photo Credit: Fox NewsGov. Jay Nixon vetoed legislation Friday that would have made it a Missouri crime for federal agents to attempt to enforce federal gun laws in the state and could have landed journalists in jail for publishing the names of gun owners.

The Democratic governor said the bill passed by the Republican-led Legislature violated the supremacy clause of the U.S. Constitution, which generally gives preference to federal laws over conflicting state ones. He said it also infringed in the First Amendment rights of free speech and press.

Some supporters of the legislation had proclaimed it one of the most gun-friendly bills ever passed by a state legislature. Nixon, however, said it could have had extreme consequences.

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Federal Nullification Efforts Mounting in States

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Photo Credit: Western Journalism

Photo Credit: Western Journalism

Imagine the scenario: A federal agent attempts to arrest someone for illegally selling a machine gun. Instead, the federal agent is arrested – charged in a state court with the crime of enforcing federal gun laws.

Farfetched? Not as much as you might think.

The scenario would become conceivable if legislation passed by Missouri’s Republican-led Legislature is signed into law by Democratic Gov. Jay Nixon.

The Missouri legislation is perhaps the most extreme example of a states’ rights movement that has been spreading across the nation. States are increasingly adopting laws that purport to nullify federal laws – setting up intentional legal conflicts, directing local police not to enforce federal laws and, in rare cases, even threatening criminal charges for federal agents who dare to do their jobs.

An Associated Press analysis found that about four-fifths of the states now have enacted local laws that directly reject or ignore federal laws on marijuana use, gun control, health insurance requirements and identification standards for driver’s licenses.

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Mississippi Bill Would Nullify Federal Laws

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photo credit: StuSeeger

JACKSON, Miss. – Mississippi defied the union during the Civil War and civil rights era, and at least two lawmakers think it is time to do so again.

Republican state Reps. Gary Chism and Jeff Smith, both of Columbus, filed a bill this month to form the Joint Legislative Committee on the Neutralization of Federal Laws.

Chism said Thursday that the tea party-backed measure is a response to President Barack Obama’s federal health care overhaul and proposals to curb gun violence.

“Certainly, the Obamacare started this,” Chism told The Associated Press, referring to the health care plan, “but then gun show loopholes that the president wanted after Newtown really put an exclamation on that — that we need to do something to stand up for the Tenth Amendment.”

The Tenth Amendment to the U.S. Constitution says powers not specifically reserved for the federal government are reserved for the states.

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Sen. Rand Paul to Propose Bill to ‘Nullify’ Obama’s Executive Orders on Gun Control

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Sen. Rand Paul (R-KY) has announced he will propose a bill to “nullify” any of President Obama’s executive orders on gun control that give the appearance that the president is writing new legislation.

Paul released his plan, called the Separation of Powers Restoration and Second Amendment Protection Act 2013, on Wednesday. The document, which he plans to introduce early next week, has several purposes.

The bill intends to condemn the use of executive orders which undermine the powers reserved for Congress under the Constitution. It specifically mentions Article I of the Constitution which states, “All legislative powers herein granted shall be vested in a Congress of the United States.”

Paul’s proposed legislation also declares “null and void” any executive order that “infringes on the powers and duties of the Congress under Article I, Section 8 of the Constitution and the Second Amendment.”

The bill also intends to prohibit funding for an “Executive Order Restricting [the] 2nd Amendment.”

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South Carolina Bill: Implement Obamacare, Go To Jail For Five Years

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Pursuing an archaic legal theory that punctuated pre-Civil War disputes between the federal government and states, South Carolina state Rep. Bill Chumley last week pre-filed a bill for the upcoming legislative session that would criminalize implementation of President Barack Obama’s 2010 healthcare reform law.

If his bill becomes law, any state official caught enforcing the healthcare law would be guilty of a misdemeanor and “must be fined not more than one thousand dollars or imprisoned not more than two years, or both.”

Federal officials caught enforcing the law, however, would be given stiffer punishment under the proposal.

Any federal employee or contractor enforcing the law “is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars, or imprisoned not more than five years, or both,” the bill proposes.

“I think we’re within our rights to do this,” Chumley explained to U.S. News. “It’s an obligation, I swore an oath to uphold the Constitution and protect the people.”

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