Missouri SB 367: Creates additional protections to the right to bear arms

Bill Text

FIRST REGULAR SESSION
SENATE BILL NO. 367
100TH GENERAL ASSEMBLY
INTRODUCED BY SENATOR BURLISON.
Read 1st time February 7, 2019, and ordered printed.
ADRIANE D. CROUSE, Secretary.
1848S.01I
AN ACT
To repeal section 1.320, RSMo, and to enact in lieu thereof nine new sections relating
to additional protections to the right to bear arms.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 1.320, RSMo, is repealed and nine new sections enacted
2 in lieu thereof, to be known as sections 1.410, 1.420, 1.430, 1.440, 1.450, 1.460,
3 1.470, 1.480, and 1.485, to read as follows:
1.410. 1. Sections 1.410 to 1.485 shall be known and may be cited
2 as the "Second Amendment Preservation Act".
3 2. The general assembly finds and declares that:
4 (1) The general assembly of the state of Missouri is firmly
5 resolved to support and defend the United States Constitution against
6 every aggression, whether foreign or domestic, and is duty bound to
7 oppose every infraction of those principles which constitute the basis
8 of the Union of the States because only a faithful observance of those
9 principles can secure the nation's existence and the public happiness;
10 (2) Acting through the United States Constitution, the people of
11 the several states created the federal government to be their agent in
12 the exercise of a few defined powers, while reserving to the state
13 governments the power to legislate on matters which concern the lives,
14 liberties, and properties of citizens in the ordinary course of affairs;
15 (3) The limitation of the federal government's power is affirmed
16 under the Tenth Amendment to the United States Constitution, which
17 defines the total scope of federal power as being that which has been
18 delegated by the people of the several states to the federal government,
19 and all power not delegated to the federal government in the United
20 States Constitution is reserved to the states respectively, or to the

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21 people themselves;
22 (4) Whenever the federal government assumes powers that the
23 people did not grant it in the United States Constitution, its acts are
24 unauthoritative, void, and of no force;
25 (5) The several states of the United States of America respect the
26 proper role of the federal government, but reject the proposition that
27 such respect requires unlimited submission. If the government, created
28 by a compact among the states, was the exclusive or final judge of the
29 extent of the powers granted to it by the states through the United
30 States Constitution, the federal government's discretion, and not the
31 United States Constitution, would necessarily become the measure of
32 those powers. To the contrary, as in all other cases of compacts among
33 powers having no common judge, each party has an equal right to judge
34 for itself as to if infractions of the compact have occurred, as well as to
35 determine the mode and measure of redress. Although the several
36 states have granted supremacy to laws and treaties made under the
37 powers granted in the United States Constitution, such supremacy does
38 not extend to various federal statutes, executive orders, administrative
39 orders, court orders, rules, regulations, or other actions which restrict
40 or prohibit the manufacture, ownership, and use of firearms, firearm
41 accessories, or ammunition exclusively within the borders of Missouri;
42 such statutes, executive orders, administrative orders, court orders,
43 rules, regulations, and other actions exceed the powers granted to the
44 federal government except to the extent they are necessary and proper
45 for governing and regulating land and naval forces of the United States
46 or for organizing, arming, and disciplining of militia forces actively
47 employed in the service of the United States Armed Forces;
48 (6) The people of the several states have given Congress the
49 power "to regulate commerce with foreign nations, and among the
50 several states", but "regulating commerce" does not include the power
51 to limit citizens' right to keep and bear arms in defense of their
52 families, neighbors, persons, or property, or to dictate as to what sort
53 of arms and accessories law-abiding Missourians may buy, sell,
54 exchange, or otherwise possess within the borders of this state;
55 (7) The people of the several states have also granted Congress
56 the power "to lay and collect taxes, duties, imports, and excises, to pay
57 the debts, and provide for the common defense and general welfare of

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58 the United States" and "to make all laws which shall be necessary and
59 proper for carrying into execution the powers vested by the United
60 States Constitution in the government of the United States, or in any
61 department or office thereof". These constitutional provisions merely
62 identify the means by which the federal government may execute its
63 limited powers and shall not to be so constru