Dedicated to the
Second Amendment Preservation Act (SAPA)
Resource Page -
Learn about Supremacy Clause immunity federal officials enjoy from state laws: Idaho v. Horiuchi
May 16, 2014
SAPA was "killed" on the last day of session by House Majority floor leader, John Diehl..
The greatest threat to our right to keep and bear arms is from unconstitutional federal laws and federal officials officials who abuse their power. The Second Amendment Preservation Act (SAPA). was the only legislation in 2013 & 2014 that directly addressed the federal threat.
The vast majority of our state senators and representatives agreed with the thousands of Missouri citizens who supported SAPA.
The 2014 version of SAPA was indisputably constitutional. It relied on the anti-comandeering doctrine the U.S. Supreme Court has repeatedly affirmed as a right to the states.
In a nutshell, SAPA simply forbids state officials from participating in the enforcement of unconstitutional federal gun control "laws". It is based on the same legal foundation as the recent Supreme Court ruling that said states could not be forced to expand Medicaid.
Second Amendment advocates worked hard for two years to craft language that would clearly meet constitutional muster and also be very effective at protecting the rights of Missouri citizens.
It all came down to May 16, the last day of the legislative session. As the Floor Leader, John Diehl had the power to either bring bills to the floor to be debated and voted on, or he could table them forever. We had worked hard to advance two versions of SAPA -- SB 613 and HB 1439 -- and both needed only one more vote by the House of Representatives and they would be sent to the Governor.
But Floor Leader John Diehl refused to listen to the thousands of people who either testified in person or filled out witness forms. In the end, he sided with Governor Nixon, who vetoed SAPA in 2013 and Attorney General Koster, who said he would not defend it if it ever did become law.
Diehl actually had three options for passing SAPA:
John Diehl chose none of those options. Instead, he waited, and waited, until 5:40 pm when there was only 20 minutes left, to pass an amended HB 1439 and send it to the Senate. That made the bill an easy target for a liberal filibuster. HB 1439 was on the senate floor with ultra-liberal Sen. Jolie Justus filibustering it when the final bell rang on the last day of the year's legislative session..
The final entry on HB 1439's Action page tells the rest of the story: "Taken Up - Time expired pursuant to the Constitution."
John Diehl purposely killed the Second Amendment Preservation Act and tried to make it look like it was the Senate's fault.
John Diehl wasn't the only culprit in 2014. Although Senator Bob Dixon voted FOR the House version of SAPA, he was working behind the scenes to remove some of the most powerful language in the bill. He threatened to change his vote and side with Governor Nixon when it came time to override his veto.
John Diehl resigned his house seat in shame after a scandal, but Bob Dixon will be in the Senate until 2018.
We must not give up.
April 30, 2014
HB 1439 "passed" in the House 110 to 41 on April 12th, now it has passed the Senate by a vote of 23 to 8. Both votes are enough to override a veto by the Governor.
A few minutes before 7:00 on Wednesday, the Missouri Senate voted 23 to 8 to “third read and pass” HB 1439, the Second Amendment Preservation Act.
Since the Senate made changes to the House version of the bill, the House has to vote on it one more time to accept those changes. If they don't accept the changes, both the Senate and House will have to vote again.
The Senate made the changes we desired -- we put teeth back in the bill and removed the troublesome controlled substances language.
Some other friendly amendments were added prior to taking the bill to the floor, and a couple of technical fixes were added on the floor. Although the changes were not part of the underlying Second Amendment Preservation Act, they are all germane to the bill title and good for gun rights.
The final language of HB 1439, as passed the Senate, will be available here: http://www.house.mo.gov/billsummary.aspx?bill=HB1439&year=2014&code=R in a day or two. Be sure to click on the link that says “Senate Sub”, not “Senate Comm Sub” to get the latest round of amendments.
The SAPA portion of the bill can also be viewed here: http://www.mofirst.org/?page=issues/nullification/SAPA/HB1439-Detailed.php
Hopefully, the House will take up HB 1439 as early as tomorrow and pass it without further amendments – then it can be sent to the Governor
We'll have more new as it develops.
P.S. To learn more about the principles and history behind SAPA, please read the following essays:
April 25, 2014
HB 1439 Progress Slowed The Past 10 Days.
I SHOULD be reporting to you the final passage of the Second Amendment Preservation Act. I SHOULD be telling you that both the House and Senate have done their part and that the bill is on the Governor's desk, beginning the 15 day window for him to either veto or sign.
But I CAN'T report that good news because it hasn't happened, even though it COULD have.
Nine precious days have passed since the Senate General Laws Committee held the final public hearing and recommended that HB 1439 “do pass”. It took until April 23rd for the Pro Tem to place the bill on the calendar for debate before the full Senate.
Recall that this is the House version of the bill, so although it has been through the entire process in the House, it had to start over in the Senate. It needs one more approval vote in the Senate and then another vote in the House, since the bill has been changed since the House last voted on it.
The Senate vote could have – should have – happened today. The Senate even quit early this morning.
I'm not even sure WHY the bill wasn't taken up today, but I'm sure the latest proposal by Senator Brad Lager to add new language didn't help. The additions necessitated yet another re-drafting just about the time it should have been going to the floor for that final vote.
If there's any hope of overriding a gubernatorial veto by the end of the legislative session, rather than having to wait for the September veto override session, the Second Amendment Preservation Act must be passed and on the Governor's desk by the drop-dead date of May 1st. The last day of session is May 16th .
What can you do at this point?
Call YOUR OWN Senator and Representative and tell them how important it is to you to see the Second Amendment Preservation Act passed before May 1st. Ask them to tell House and Senate leadership that the folks back home want the bill across the finish line!
April 15, 2014
HB 1439 voted "do pass" by Senate General Laws committee 5 to 2.
The Senate General Laws Committee, chaired by Sen. Brian Nieves, not only held the hearing, but also voted the bill "do pass" out of committee by a party line vote of 5 to 2. The language changes we had hoped for were ALL adopted.
The next step is debate, and possible amendment, before the full Senate. It will take at least a few days before that happens, but so far Senate leadership has made every effort to expedite SAPA, so I am confident they will continue on that path. After the Senate passes the House version, it could go to a "conference committee" -- a small group from both the House and Senate -- to hammer out any differences between the House and Senate versions.
If the version coming out of the conference committee is different than the version voted on by either the full House or full Senate, they will have to vote on it again. Yes, it's a long drawn-out process!
Of course, there is a good chance that Governor Nixon will veto this bill again, in which case the House and Senate will have to vote, one more time, to override the veto. If the House and Senate passes and delivers the bill to the Governor with more than 15 days left in the session, the veto override vote can take place on one of the remaining days. If there are less than 15 days left in the legislative session when the governor gets the bill, the veto override vote will have to take place in September.
April 1, 2014
HB 1439 "perfected" in the House 112 to 41. SB 613 is held in reserve.
Before the General Assembly took a week off for spring break a few weeks ago, the House decided they wanted the House version of the Second Amendment Preservation Act (HB 1439) to be the one to pass, as was the case in 2013.
Since that time, a lot of work was done on the bill. Most of that work changed very little of the substance and intent of the bill. The very positive changes make the bill a lot less susceptible to legal challenges.
One significant change was made -- the misdemeanor penalty for federal officials who infringe on a Missouri citizen's right to keep and bear arms was removed. Part of the reason it was removed was political -- we are more likely to have the solid support needed to override governor Nixon's veto without that clause.
A more significant reason for removing that clause, however, was strategic.
This is the reality and bottom line: The federal government has the deck stacked against the states. If state charges are brought against a federal agent, the federal courts preempt the case, so it's not even Missouri judges trying the case.
The first thing the defendant would do is file a motion to dismiss based on something called a "Supremacy Clause immunity defense". The federal court are almost ALWAYS going to let the federal agent "skate".
We learned this lesson from the infamous incident at Ruby Ridge, when federal agents cut down the Randy Weaver family. The feds ended up admitting they were wrong and reached a civil settlement with the Weavers worth millions of dollars, but the Idaho manslaughter charges against the federal sniper didn't stick.
Read this 9th Circuit Court ruling (Idaho v. Horiuchi) -- it lays out the constitutional and legal framework for such a case. This 6 to 5 opinion against the Supremacy Clause immunity defense should indicate that Missouri CAN adopt a law which imposes criminal penalties on a federal agent who violates our citizens' constitutional rights.
The court ruled that, in shooting the Weavers without first attempting to negotiate with them, the Weaver's 4th Amendment rights were violated, so the normal Supremacy Clause immunity didn't apply. Of course, that is analogous to a fedeal agent violating a Missourian's 2nd Amendment rights -- he shouldn't be able to claim Supremacy Clause immunity, either.
The problem is, the 9th Circuit Court vacated this ruling 3 months after publishing it.
They didn't vacate the ruling because of unsound constitutional rationale, but because of a dispute about the facts of the case. We have a moral and constitutional basis for criminal penalties in the Second Amendment Preservation Act, but it will take more courage and committment to Founding Principles than our state leaders currently have. Neither Governor Nixon, nor A.G. Koster will provide the fight we need to prevail.
So, the reality of our delema is that without state officials who are willing to face down the feds we need to resort to more reliable tactics.
THE Anti-Commandeering Doctrine
Before HB 1439 now is almost purely and anti-commandeering bill. Based on sound constitutional principles that even the U.S. Supreme Court agrees with, anti-commandeering means that Missouri will not allow any of its resources to be used to implement or assist federal gun control efforts.
That includes our law-enforcement personel.
The federal government can not stop Missouri from forbidding it's officials from participating in federal gun control -- this was established in the Printz v. U.S. and NFIB v. Sebelius cases. HB 1439 does just that and it allows a citizen to sue an official if he breaks that law.
There remains a loophole, however. State peace officers routinely allow themselves to be deputized by federal agencies. That make a Missouri cop a federal agent and then the Supremacy Clause immunity applies to them, too.
We need to amend HB 1439 to close this loophole. One way to do that would to forbid anyone who violates the prohibitions in HB 1439 from serving as a peace officer in Missouri. If they want to work with the feds to violate your 2nd Amendment rights, they lose their Missouri law-enforcement job.
This change will have to be made as HB 1439 move in the Senate.
March 5, 2014 (Updated 03/08/2014)
It's been a couple of weeks since our last update on SB 613 , the Second Amendment Preservation Act, and for good reason – I just haven't known what to report.
The legislative process is not at all like sausage making – it's much messier. Smoke and mirrors keep you wondering who is for you, who is against you and who is for you, but just preoccupied with things they believe to be higher priority.
After some unusual machinations, on February 20th the Senate “3rd Read and Passed” SB 613. That same day, a Thursday, the bill was sent to the House, where it was “First Read”. (The Constitution requires that every bill be read three times, on separate days, in each chamber before it can become a law.) It was “Second Read” on Monday, February 24th.
Before SB 613 can be “Third Read and finally passed” by the House and sent to the Governor, here's what must happen with a note about who either makes it happen or keeps it from happening:
As you can see, the fate of the Second Amendment Preservation Act is in the hands of four people.
SB 613 passes Senate 23 to 9!
February 20, 2014,
The Missouri Senate used an unusual proceedure called "reconsideration of the vote" to reperfect SB 613 on the 17th. In the process, they removed the Nasheed Amendment, a move that saves the House from removing that clause.
They then "3rd Read and passed" the bill by a vote of 23 to 9 on February 20th. The vote was nearly a party line vote, with one Republican voting with the Democrats. (Link to Senate Journal Page)
The House first read the bill on the 20th and second read it on the 24th. (There is a constitutional requirement for all bills to be "read" into the record on three separate days.)
We are expecting SB 613 to be assigned to the House General Laws Committee shortly. That committee held a hearing on the identical HB 1439 and voted "do pass" last week, so it will be a simple matter to take up SB 613 and pass it in just a few minutes.
NRA Fighting Against Second Amendment Prervation Act!
February 12, 2014,
Yes, you read it right -- the NRA has come out against the strongest protections of your 2nd Amendment rights anywhere in the USA.
And Gun Owner's of America continued their endorsement of SB 613.
But the NRA sent out this ALERT, saying,
Wow! I would be against a bill that did all of that, too. But what did the amendment REALLY say?
That's it. No $1,000 fine, no Class A misdemeanor and no loss of their Right to Carry Permit. How could the NRA get it so wrong? Here's a link to all the actual amendments that were offered. (See amendment 4538S04.24S) As you can see, the NRA really screwed up.
Please call the NRA at (800) 392-8683 and ask them to explain how they could get the facts so wrong.
Also, stay tuned to see how easily this problem is fixed through the normal legislative process.
SB 613 Perfected in Senate - Final Senate passage this week.
February 11, 2014,
The Senate sponsor of SB 613 and his colleagues fought off unfriendly amendments and perfected SB 613 with all the enforcement provisions intact. The bill is as strong or stronger than the 2013 version, HB 436.
A "3rd Read" vote is expected later this week. More later, stay tuned...
SB 613 Placed on Senate Calendar for Perfection
February 1, 2014,
In addition to being voted out of committee this week, SB 613 has advanced the next step and has been placed on the Senate calendar for "perfecting" bills. See http://www.senate.mo.gov/14info/BTS_Web/Actions.aspx?SessionType=R&BillID=27723646
Once a bill has been approved in committee, it's up to the president pro tem of the Senate to advance it to the floor. If he wants to, he can delay the bill.
Senator Dempsey did not delay -- just as promised, he is fast-tracking the bill. The next step is for Sen. Richard, the floor leader and co-sponsor of SB 613, to bring the bill up for debate before the full senate. I am confident he will be true to his word and do so promptly as well. It should only be a matter of days before the bill makes it to the floor.
The "perfection" process is the time amendments can be offered, debated and either adopted or rejected. The bill can be made better through this process, or it can be "gutted". Amendments that seem to be friendly can also be added as a "poison pill" -- something that will cause others to vote against the bill when they might have otherwise supported it.
Now is the time to call or email your own senator and tell him how important this bill is to you. Tell him (or her) to vote NO on any amendment that expands the purpose of the bill. Tell him to vote NO on anything that weakens the enforcement power of the Second Amendment Preservation Act portion of the bill.
Use this link to download the Senate Committee Substitute for the original bill. The General Laws committee made two changes to the originally filed bill. Both changes are positive steps.
SB 613 passes in first vote of the year
January 28, 2014,
At the conclusion of the second week of testimony on the 2014 Second Amendment Preservation Act, the senate General Laws Committee voted 5 to 1 to "do pass" the bill out of committee and on to the floor for the whole senate to debate.
The hearing room was packed with supporters and over 1100 witness forms were turned in to the committee. Only 6 opposed the bill.
Senate leadership has promised to fast-track the bill from here on out, to ensure that it gets to the governor early enough so any veto can be overridden during the spring legislative session.
Rep. Doug Funderburk files 2014 Version of SAPA with 33 cosponsors
January 15, 2014,
After fighting a week long illness, the sponsor of the 2013 HB 436 filed his 2014 version of that bill. It has been designated as HB
This bill is identical to the senate version, SB 613.
Senator Brian Nieves pre-files 2014 Version
December 6, 2013,
As you know, the 2013 Second Amendment Preservation Act (HB 436) was passed by veto proof majorities in both the House and Senate last spring. Governor Nixon vetoed that bill anyway, which meant we had to wait until September 11 to see if the House and Senate would override the veto.
The House overrode the veto, but four senators, including president pro tem Tom Dempsey and majority floor leader, Ron Richard, changed their support and voted with the governor. We missed the override by one vote.
Those two Republicans were greatly affected by a last minute statement issued by Attorney General Chris Koster and the fire storm of opposition that statement generated from the law enforcement community. Although Koster's complaints were largely red herrings, Dempsey and Richard thought it best to take a cautious approach.
Although their switched votes killed our chances of enacting Second Amendment protections in 2013, they also committed to fast tracking a replacement bill in 2014 -- one that addresses the concerns raised by Koster and law enforcement. They have agreed to pass a bill and deliver it to the governor early enough in the session to override any veto before the end of the session in May.
Today (Friday), the first major step has been accomplished to that end.
The new bill is not a "compromise" in the sense that its effectiveness is in any way diminished. In fact, some language tweaks from Dempsey and Richard actually make the bill more powerful in some ways, and the proponents of HB 436 made sure the accountability clauses stayed in the bill.
The bill text may not be posted for several days, but you can download the official text HERE.
NOTE: Rep. Doug Funderburk is expected to file an identical bill in the House next week.
We'll keep you posted on the latest developments. In the mean time, please pass the word. Ask friends to join Missouri First to get on the email list.
- Ron Calzone
The Main Responsibility of Government Officials
The Ratification Clause of the U.S. Constitution
The Supremacy Clause
Hamilton on the Supremacy Clause
Sponsor of SB 613
Co-Sponsors of SB 613
For Immediate Release
Richard Mack, Director
Sheriff Richard Mack (ret) was one of the two plaintiffs in the U.S. Supreme Court case Printz v. United States.
Here are the brave Demcrats who dared to vote FOR the 2nd Amendment in regualar session.
The Missouri Second Amendment Preservation Act is being watched by the entire counrty.
New York Time editorial: Statehouse Swagger in the Gun Debate
“As a measure of the gun culture’s dangerous sway over statehouse politicians, it is hard to top the pending proposal in Missouri that would pronounce all federal gun safety laws null and void in the state and allow the arrest of federal agents who try to enforce them. ”
Fox News: Missouri poised to enact measure nullifying federal gun laws
“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 adopted in other states to buck federal gun rules face legal challenges.”
NEW! We want posters in every gun shop in the state!
Now LibertyMaps has been updated to list virtually every gun dealer in the state. Please print copies (preferably color) of the Rally Poster and take to the gun shops near you.
Click on the map to list the gun dealers within the specified range (default is 10 miles square).
By default, the map will center on Jefferson City, but click anywhere on the map on the right side to re-center. Scroll down to see the list or click on one of the ballons on the map.
Take some of the "I Support Missouri's Second Amendment Preservation Act" posters, too!
Map tool makes it easy to write letters to editors:
LibertyMaps by LibertyTools helps you find newspapers and other media in your area. Find phone and fax numbers as well as email addresses to send your Letters to Editors.
Click on the map to list the newspapers within the specified range (default is 25 miles square). Scroll down to see the list or click on one of the ballons on the map.
Joplin Globe: Mike Maharrey, guest columnist: Arguments of those opposing gun bill fail
By Mike Maharrey (Communications director at the Tenth Amendment Center)
JOPLIN, Mo. — In a few weeks, the Missouri Legislature will consider overriding Gov. Jay Nixon’s veto of a bill nullifying federal actions violating the Second Amendment.
Mike & Cynthia Maharrey
Email Mike: michael (dot) maharrey (at) tenthamendmentcenter (dot) com
August 17, 2013
JEFFERSON CITY, Mo. — Charlie Davis doesn’t disguise his love for the right to keep and bear arms.
Spalding, Heritage: Wrong on Nullification. Again.
When nullification opponents need some conservative cred to back up their arguments, they turn to the Heritage Foundation.
And when Heritage needs to smack down nullification, it turns to its big gun – Matthew Spalding, Ph.D., Vice President, American Studies and Director, B. Kenneth Simon Center for Principles and Politics.
It remains unclear how a guy working for an organization that brought you the individual mandate and defends indefinite detention under the NDAA has any credibility on constitutional issues. <read more>
Brunner Blog: Defend the 2nd Amendment and Override Nixon’s Veto
This year, in response to national gun control (“citizen control”) efforts led by liberals like President Obama, Senator McCaskill and Missouri Governor Jay Nixon, the Missouri legislature got to work protecting our 2nd Amendment rights. While widely ridiculed by liberals in the media, their efforts to defend our gun rights and stand up for our constitutionally protected liberties, the Missouri legislature, in a bipartisan fashion, did what was right for America. <read more>
Rep. Keith English, Dem Backing GOP Gun Bill to Block Feds: "We Don't Want to Back Down"
By Sam Levin Thu., Aug. 1 2013 at 11:44 AM
On Monday, we reported that the Missouri legislature may very well sign into law a controversial pro-gun bill with the help of a few key Democrats. Governor Jay Nixon, a Democrat, vetoed the "Second Amendment Preservation Act," but Republican backers of the legislation are working to override his veto and implement the new law, which would, among many provisions, criminalize the enforcement of certain federal firearm laws in the state of Missouri. <read more>
July 9 12, 2013
Ironically, Governor Nixon chose July 5th to veto the Missouri Second Amendment Preservation Act (HB 436).
The day after we celebrated the 237th anniversary of our Declaration to King George III that the People are “endowed by their Creator with certain unalienable Rights”, the governor became an obstacle to the General Assembly, who are living up to their OATH to defend those rights – the same oath the Governor took.
The Declaration of Independence was precipitated, among other things, by the king's effort to disarm the Colonists. The “shot heard around the world” was fired by – or at – British troops sent to confiscate the arms stored at Concord.
After several grueling years of war, the newly declared sovereign states beat back one tyrant, but they were afraid that the new federal government they were creating might some day also try to disarm and subjugate the People. Some states refused to ratify the proposed constitution without clear, unambiguous statements securing their unalienable rights and limiting the power of the federal government – they demanded a Bill of Rights in addition to language that limited that government to a small set of defined powers.
The full meaning of the Second and Tenth Amendments in the Bill of Rights have been ignored too long. A proper understanding supports the General Assembly's decision to pass the Second Amendment Preservation Act.
Here are the plain and simple facts that politicians, lawyers and judges have been obfuscating – facts the People need to take back if there's any hope of restoring the Founder's dream:
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” (10th Amendment)
In the spirit and authority of both the Declaration and the Constitution, the Second Amendment Preservation Act is the State of Missouri asserting the powers “reserved” to the States and the People. The Act does not attempt to tell other states what they should do, but is does avow that Missourians' rights will be defended in their home state.
By passing the Act, our state legislators were doing what the Missouri Constitution calls “the principal office of government”, that is, defending the liberty of the People – in this case, from unconstitutional federal edicts. For the state to do less, Article I, Section 2 says, is to “fail in its chief design”.
Governor Nixon's administration's release of the private information of 163,000 CCW holders to the Social Security Administration is reason to believe he is hostile to the People's Second Amendment Rights. Now his veto of the Second Amendment Preservation Act fuels those concerns.
The Governor's claim that the Act violates the Supremacy Clause (U.S. Const. Art. VI) rings hollow and an examination of that clause, and what the Founders said about it, defies his claim.
The Supremacy Clause, as the text says itself, only applies when a federal law is made “in pursuance” of the Constitution. As Alexander Hamilton explained at New York’s ratifying convention, “the laws of Congress are restricted to a certain sphere, and when they depart from this sphere, they are no longer supreme or binding”. In Federalist 33, referring to “laws” NOT made “in pursuance” of the Constitution, Hamilton said, “These will be merely acts of usurpation, and will deserve to be treated as such.”
The governor seems committed to the preposterous notion that only the federal government, itself, can determine when an edict of Congress is “in pursuance” of the Constitution, but that would leave the federal government free to determine the extent of its own power and the states that created the federal government with no say. That's a dangerous doctrine, fit for the subjects of despots, but not free citizens.
Grounded in the principles of the Declaration, the doctrines of interposition and nullification as legal and political tools to fight unconstitutional acts of government is part of the heritage of a free people. The colonists successfully used it against the king's illegal and oppressive edicts, like the Navigation Acts and the Stamp Act.
And the Kentucky and Virginia Resolutions of 1798 & 1799 saved an unknown number of newspaper editors in those two states from fines and prison when they nullified the the unconstitutional federal Sedition Act, which outlawed criticizing the federal government. Besides protecting newspaper men, one happy effect of the Kentucky Resolution was the election of its author, Thomas Jefferson, to president in 1800.
Later, in an era when the U.S. Supreme Court said in the Dred Scott Opinion that it was legal to relegate black men, women and children to sub-human status, several states defended the liberty of accused run-a-way slaves by nullifying the unconstitutional Fugitive Slave Act. In fact, their nullification of the Fugitive Slave Act was so effective that South Carolina listed it in their "declaration of causes" for seceding from the Union.
“An increasing hostility on the part of the non-slaveholding States to the institution of slavery, has led to a disregard of their obligations, and the laws of the General Government have ceased to effect the objects of the Constitution. The States of Maine, New Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, New York, Pennsylvania, Illinois, Indiana, Michigan, Wisconsin and Iowa, have enacted laws which either nullify the Acts of Congress or render useless any attempt to execute them.”
In increasing numbers, Americans are dusting off the pre-revisionist history books and are waking up to an understanding of the heritage that's been stolen from them. A May 13, 2013 Rasmussen Poll found that a majority of “mainstream voters” now support the use of nullification against unconstitutional federal acts.
The People are once again understanding the meaning of the Missouri Constitution's Article I, Section 1, which says, “That all political power is vested in and derived from the people; that all government of right originates from the people, is founded upon their will only, and is instituted solely for the good of the whole.”
Fortunately for the People, the General Assembly will likely override Governor Nixon's veto. Unfortunately for the governor, he will go down in history as one who missed the opportunity to prove his campaign claims that he supports gun rights. It's too bad he didn't follow the lead of the governor's of Kansas and Alaska, who both recently signed similar legislation.
Civil Asset Forfeiture may be the legal tool of choice to confiscate your guns!
Please watch this 2 1/2 minute video, and then read on:
At the last minute, Missouri law-enforcement agencies came out against the Second Amendment Preservation Act. Why?
We think it's because SAPA will prevent them from profiting from a federal program called the Assets Forfeiture Fund (AFF).
Although the federal program was primarily used to fight the "war on drugs" in the past, it has been expanded to include every manner of infraction.
If law-enforcement agents even have reasonable suspicion that you have broken a law, they can take your cash, cars, homes, businesses, and your guns!
You don't have to be charged with a crime, let alone convicted, and the burden of proof is on you -- your property is "guilty" until proven innocent.
The government gets to keep your assets and the very police department and prosecutor who took it from you get a cut of the deal.
Under Article IX Section 7 of the Missouri Constitution, this is illegal, but the federal government has supplied a loophole that Missouri's criminal justice system had profited from.
Missouri law enforcement agencies -- including your local sheriff -- have become addicted to this federal program, and that provides a great deal of pressure on them to compromise your rights -- including your right to keep and bear arms.
Read the Institute for Justice comprehensive study:
Civil Forfeiture Highway Shakedowns in Tennessee
Forfeiture Abuse: Even Your Drums Aren't Safe From the Police
Now LibertyMaps has been updated to list virtually every gun dealer in the state. Please print copies (preferably color) of the Rally Poster and take to the gun shops near you.
Click on the map to list the gun dealers within the specified range (default is 10 miles square), then take the Rally Poster to them, along with a roll of clear tape, and ask permission to post it on their doors and counter.
Download poster in jpg & pdf
Nullification for Lawyers. More in depth on Marbury.
The Supremacy Clause
“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land” (emphasis added) (U.S. Constitution, Article VI)
Hamilton on the Supremacy Clause
“I maintain that the word supreme imports no more than this — that the Constitution, and laws made in pursuance thereof, cannot be controlled or defeated by any other law. The acts of the United States, therefore, will be absolutely obligatory as to all the proper objects and powers of the general govennment...but the laws of Congress are restricted to a certain sphere, and when they depart from this sphere, they are no longer supreme or binding” (emphasis added) (Alexander Hamilton, at New York’s ratifying convention).
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Benjamin Franklin wrote in 1787:
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