Missouri HB 1637: Establishes the "Second Amendment Preservation Act," which creates additional protections to the right to bear arms.

Bill Text

SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NOS. 1637 & 2150
100TH GENERAL ASSEMBLY
4070H.04C DANA RADEMAN MILLER, Chief Clerk
AN ACT
To repeal section 1.320, RSMo, and to enact in lieu thereof nine new sections relating to the sole
purpose of adding 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Section A. Section 1.320, RSMo, is repealed and nine new sections enacted in lieu
2 thereof, to be known as sections 1.410, 1.420, 1.430, 1.440, 1.450, 1.460, 1.470, 1.480, and
3 1.485, to read as follows:
1.410. 1. Sections 1.410 to 1.485 shall be known and may be cited as the "Second
2 Amendment Preservation Act".
3 2. The general assembly finds and declares that:
4 (1) The general assembly of the state of Missouri is firmly resolved to support and
5 defend the Constitution of the United States against every aggression, whether foreign or
6 domestic, and is duty-bound to oppose every infraction of those principles that constitute
7 the basis of the union of the states because only a faithful observance of those principles
8 can secure the union's existence and the public happiness;
9 (2) Acting through the Constitution of the United States, the people of the several
10 states created the federal government to be their agent in the exercise of a few defined
11 powers, while reserving for the state governments the power to legislate on matters
12 concerning the lives, liberties, and properties of citizens in the ordinary course of affairs;
13 (3) The limitation of the federal government's power is affirmed under Amendment
14 X of the Constitution of the United States, which defines the total scope of federal powers
15 as being that which has been delegated by the people of the several states to the federal
16 government, and all powers not delegated to the federal government in the Constitution
17 of the United States is reserved to the states respectively or the people themselves;
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended
to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

HCS HBs 1637 & 2150 2
18 (4) If the federal government assumes powers that the people did not grant it in the
19 Constitution of the United States, its acts are unauthoritative, void, and of no force;
20 (5) The several states of the United States respect the proper role of the federal
21 government but reject the proposition that such respect requires unlimited submission.
22 If the federal government, created by a compact among the states, was the exclusive or
23 final judge of the extent of the powers granted to it by the states through the Constitution
24 of the United States, the federal government's discretion, and not the Constitution of the
25 United States, would necessarily become the measure of those powers. To the contrary, as
26 in all other cases of compacts among powers having no common judge, each party has an
27 equal right to judge for itself as to whether infractions of the compact have occurred, as
28 well as to determine the mode and measure of redress. Although the several states have
29 granted supremacy to laws and treaties made under the powers granted in the Constitution
30 of the United States, such supremacy does not extend to various federal statutes, executive
31 orders, administrative orders, court orders, rules, regulations, or other actions that collect
32 data or restrict or prohibit the manufacture, ownership, and use of firearms, firearm
33 accessories, or ammunition exclusively within the borders of Missouri; such statutes,
34 executive orders, administrative orders, court orders, rules, regulations, and other actions
35 exceed the powers granted to the federal government except to the extent they are
36 necessary and proper for governing and regulating the United States Armed Forces or for
37 organizing, arming, and disciplining militia forces actively employed in the service of the
38 United States Armed Forces;
39 (6) The people of the several states have given Congress the power "to regulate
40 commerce with foreign nations, and among the several states", but "regulating commerce"
41 does not include the power to limit citizens' right to keep and bear arms in defense of their
42 families, neighbors, persons, or property, or to dictate what sort of arms and accessories
43 law-abiding Missourians may buy, sell, exchange, or otherwise possess within the borders
44 of this state;
45 (7) The people of the several states have also granted Congress the power "to lay
46 and collect taxes, duties, imports, and excises, to pay the debts, and provide for the
47 common defense and general welfare of the United States" and "to make all laws which
48 shall be necessary and proper for carrying into execution the powers vested by the
49 Constitution of the United States in the government of the United States, or in