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Old 03-23-2019, 05:15 PM   #11
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So the new if ever law would stop or block enforecment of fed laws. This would be state officials not enforcing. Problem is the Fed law would still be in effect and if for any reason a fed agency finds a violation then the feds could and would enforce.
As long as the Fed law is in place the individual would be at risk.

This apparently is a political stand. Also doubt it will become MO law.
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Old 03-24-2019, 11:49 AM   #12
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I'd love to see it pass for no other reason than to hear how loud those twits in St Louis County can piss n' moan.

Realistically, it's got a snowball's chance in hell, but it's nice to know that there are some people in office with some sense and brains and a dedication to the Constitution.

And if that's too political, I apologize without retraction.
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Old 03-24-2019, 05:46 PM   #13
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Some basics. When federal and state laws conflict, federal law wins out. But are the feds going after every state or jurisdiction who enacted their own rule of law covering certain things, really don't see it happening.
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Old 03-24-2019, 06:28 PM   #14
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Exactly. Just like all the states decriminalizing pot....yeah, it's still illegal at the federal level, but is the DEA going to kick in Joe Blows door and take him down because he's got a dimebag for his seizures?

I'll bet not. They've got bigger fish to fry.
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Old 03-24-2019, 07:03 PM   #15
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Quote:
Originally Posted by sunny08 View Post
Some basics. When federal and state laws conflict, federal law wins out. But are the feds going after every state or jurisdiction who enacted their own rule of law covering certain things, really don't see it happening.
When it comes to state vs fed laws you must fool both.
If your state law is more restrictive, for example CA state firearm laws are in effect and are more restrictive than fed. No nfa, no threaded pistol barrels no silencers etc. You must still follow the more restrictive state law. Because both state and federal laws apply.
Opposite case.
If you live in a state that has less restriction compared to federal you must still follow the more restrictive federal law.

So the process is meet all state fed and local laws in your jurisdiction.

Assume all laws are in effect not challenged and not declared unconstitutional.

Which would require another thread on constitutional challenges.

Another related topic is states such as NJ not recognizing federal 1986 FOPA transport law. This is a huge topic for discussion.

So take away summary is
Follow all state fed and local law.
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Old 03-28-2019, 08:01 AM   #16
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Missouri's Constitution contains a Soveriegnty Clause,,,,,State will ALWAYS trump Fed down here.
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Old 03-28-2019, 08:04 AM   #17
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It will pass as long as we get behind it and push. This was brought up and PASSED in both chambers when we had a Democratic governor,,,who vetoed it. Our current Governor, Mike Parsons, is in favor of the bill, and has declared his support of the bill. It will pass.
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Old 03-28-2019, 10:33 AM   #18
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Missouri's Constitution contains a Sovereignty Clause,,,,,State will ALWAYS trump Fed down here.
LOL. That means about as much as if my city of 1200 people passed a law that declares it's independent from my state.
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Old 03-29-2019, 07:04 AM   #19
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The bill uses several legal and Constitutional strategies to protect Second Amendment rights from infringement by both the Federal government and various Missouri governments.
The principle Constitutional strategy is the anti-commandeering doctrine, which has been well established in Constitutional law and in the Supreme Court cases of New York v. United States (1992, decided 6-3) and Printz v. United States (1997) and Independent Business v. Sebelous (2012).
These cases validate the doctrine that the Federal government has no power to force state agencies or officers to do what the Federal government orders them to do. The Federal government can require actions for the state to receive funds from the Federal government, but that is all.
Legislatively, the bill would protect Second Amendment rights by refusing to allow any state officers to enforce any Federal laws considered infringements on Second Amendment rights by the definitions of the bill. Those include any taxes, stamps, or fees exclusively applied to firearms, accessories, or ammunition. It applies to any registration or tracking of those items.
No person would have the authority, under the State of Missouri, to enforce those measures.
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Old 03-29-2019, 08:14 AM   #20
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Federal agents could enforce federal laws.
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