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Proposed Missouri Law Would Throw Federal Agents in Prison Over Guns
By: Hrafnkell HaraldssonJan. 18th, 2013more from Hrafnkell Haraldsson
Sarah Jones wrote here the other day about the unconstitutional responses of Republicans who claim Obama is violating the Constitution. She was addressing the case of Governor Phil Bryant of Mississippi. Leave it to the old Confederacy. If you think a person is violating the Constitution, you don’t violate the constitution yourself as a remedy and expect anyone to take you seriously.
But perhaps Republicans are way past concerning themselves with being taken seriously. The Constitution is the law of the land – it stands head and shoulders above state law. Yet unhinged Republicans think they can legislate in their states to ignore the Constitution -while crowing about Obama ignoring the Constitution.
This makes no sense at all. But as I said, they’re unhinged. And Bryant isn’t alone. In Missouri, State Representative Casey Guernsey has introduced the Missouri 2nd Amendment Preservation Act. House Bill 170 (HB170). HB170 has 61 co-sponsors, which is kind of surprising but kind of not, because what HB170 does is nullify the Constitution in response to Obama issuing perfectly constitutional executive orders.
Former Bush attorney general Michael Mukasey told a stunned Sean Hannity Wednesday that Obama’s executive orders so far have been, if distasteful, perfectly legal. This is not something Republicans tell themselves in order to feel better. This is where they plug their ears and do what they want to do anyway: ignore federal law and the Constitution.
Yes. HB170 outlaws federal law and therefore federal agents and employees who “enforces or attempts to enforce” federal laws pertaining to firearms and ammunition.
The bill states, in part:
Any official, agent, or employee of the federal government who enforces or attempts to enforce any act, order, law, statute, rule, or regulation of the federal government upon a personal firearm, a firearm accessory, or ammunition that is owned or manufactured commercially or privately in the state of Missouri and that remains exclusively within the borders of the state of Missouri shall be guilty of a class D felony.
A class D felony in Missouri carries a prison sentence of up to 4 years.
The Constitution begs to differ. As Sarah Jones pointed out, the Supremacy Clause Article IV, clause 2:
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof … shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
Ignoring this uncongenial fact, the Missouri bill also states that,
Any federal law, rule, regulation, or order created or effective on or after January 1, 2013 shall be unenforceable in the state of Missouri if the law, rule, regulation, or order attempts to:
(1) Ban or restrict ownership of a semi-automatic firearm or any magazine of a firearm; or
(2) Require any firearm, magazine, or other firearm accessory to be registered in any manner.
So stock up on those rocket launchers, modern sons of Dixie. If the Feds come asking you about them, we’ll throw them in prison where they belong!
You can’t get much more warped than thinking outlawing the Constitution is somehow going to save the Constitution. But hey, they’re Republicans. You can’t have high expectations of the post-Goldwater GOP.
Remember when I said yesterday that the only two amendments Republicans approve of are the Second and Tenth? Yeah…about that. According to the Tenth Amendment Center, “Tenth Amendment Center national communications director, Mike Maharrey summed up the sentiment”:
When you’ve got people like Feinstein talking about major bans and Biden telling us that all they need is an executive order, you know these folks are willing to go all the way. So, it’s good to see these folks in Missouri go all the way as well, all the way in support the 2nd Amendment without any ifs, ands, or butts. The feds have absolutely zero constitutional authority to make any laws over personal firearms. Period.
That’s funny. Really. None of these people were complaining when George H.W. Bush issued an executive order concerning gun control in 1989. His son, George W. Bush, issues executive orders all over the place and ignored every law he wanted to simply because he said he could, and not a Republican complained.
But of course, those guys were Republicans. And white. Obama, they’re quick to point out, is not.
According to the Tenth Amendment Center, always happy to advance the cause of rebellion and insurrection, “The bill was introduced on January 15, 2013 and read for the first time in the House. It has yet to be assigned to a committee. But, with 61 co-sponsors, strong grassroots pressure will help get this bill moving forward.”
Oh, and they have more good news for the unhinged:
Sources close to the Tenth Amendment Center tell us to expect a number of other states considering similar legislation in the coming weeks.
That’s hardly a surprise. We haven’t seen conservatives so riled up since they were told they had to free their slaves.
Image from NPR.org