Missouri Senate Votes to Nullify Federal Gun Lawsselfnews Post House Bill 1439 (HB1439), introduced by Rep. Doug Funderburk (R-St. Charles), previously passed the House by a vote of 110-36. The bill will now go back to the house for concurrence on some technical amendments made on the senate side. If passed, the bill will move on to the Governors desk. With language inspired by Thomas Jefferson, HB1439 declares that the state rejects the idea of unlimited submission to federal power. It also declares that whenever the federal government assumes powers that the people did not grant it in the Constitution, its acts are unauthoritative, void, and of no force. Jefferson wrote the following in the Kentucky Resolutions, which passed Nov. 10, 1798: and Maharrey said that while the declarations have great impact, the strong practical effect of its passage come in other parts of the bill. HB1439 would make it state law that all federal acts, laws, executive orders, administrative orders, court orders, rules, and regulations, whether past, present, or future which infringe on the peoples right to keep and bear arms shall be invalid in this state, shall not be recognized by this state, shall be specifically rejected by this state, and shall be considered null and void and of no effect in this state. Those federal acts which are considered infringing are spelled out in HB1439, including, but not limited to: (2) Any registering or tracking of firearms, firearm accessories, or ammunition which might reasonably be expected to create a chilling effect on the purchase or ownership of those items by law-abiding citizens; (3) Any registering or tracking of the owners of firearms, firearm accessories, or ammunition which might reasonably be expected to create a chilling effect on the purchase or ownership of those items by law-abiding citizens; (4) Any act forbidding the possession, ownership, or use or transfer of a firearm, firearm accessory, or ammunition by law-abiding citizens; and (5) Any act ordering the confiscation of firearms, firearm accessories, or ammunition from law-abiding citizens. Missouri courts and law enforcement agencies would be required to actively protect the right to keep and bear arms from such infringements. The legislation also specifically bans all state employees from enforcing or attempting to enforce any federal acts running counter to the proposed law. These provisions banning state participation in the enforcement of federal gun control measures are based on the virtually-undisputed long-standing legal doctrine known as anti-commandeering. Court precedent from 1842 to 2012 holds the feds simply cannot require state to help them carry out their acts. In short, the state can simply stand down, leaving enforcement to a seriously undermanned federal government. Such a tactic is an extremely effective way to stop a federal government busting at the seams. Even the National Governors Association admitted the same recently when they sent out a press release noting that States are partners with the federal government in implementing most federal programs. In practice, this means states can create impediments to enforcing and implementing most federal programs. On federal gun control measures, Judge Andrew Napolitano suggested that a single state standing down on enforcement would make federal gun laws nearly impossible to enforce within that state. James Madison, the Father of the Constitution, advised this very tactic as well. Madison supplied the blueprint for resisting federal power in Federalist 46. He outlined several steps that states can take to effective stop an unwarrantable measure, or even a warrantable measure of the federal government. Madison called for refusal to cooperate with officers of the Union as a way to successfully thwart federal acts. An emergency clause was added to the bill before final passage. This would make the bill effective sooner than the required 90 days after the session in which it is passed. It requires a two-thirds vote of each chamber. ACTION ITEMS Visit the TenthAmendmentCenter.com where this article first appeared. 