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U.S. Constitution

Amendment 2 – Right to Bear Arms

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Ratified: 12/15/1791

Infringe
1: violate, transgress 2: encroach, trespass Source: NMW

In the context of the Constitution, phrases like “shall not be infringed,” “shall make no law,” and “shall not be violated” sound pretty unbendable, but the Supreme Court has ruled that some laws can, in fact, encroach on these phrases. For example, though there is freedom of speech, you cannot slander someone; though you can own a pistol, you cannot own a nuclear weapon.

The new Missouri gun bill would nullify federal gun laws.

Other states have passed gun laws that challenge federal power; a recent wave began with a Firearms Freedom Act in Montana that exempts from federal regulations guns manufactured there that have not left the state. However, recently, the United States Court of Appeals for the Ninth Circuit struck down Montana’s law, calling it “pre-empted and invalid.”

The Missouri gun measure attempts to actually block federal enforcement by setting criminal penalties for federal agents making it a crime for federal authorities to enforce federal gun laws in the state. The measure will also prohibit state and local officials from cooperating with federal efforts. That crosses the constitutional line, said Robert A. Levy, chairman of the libertarian Cato Institute’s board of directors — a state cannot frustrate the federal government’s attempts to enforce its laws.

In the Eastern District of Missouri, a recent joint operation of federal, state and local law enforcement officials led to 159 arrests and the seizing of 267 weapons. This new Missouri Gun Measure “would have outlawed such operations, and would have made criminals out of the law enforcement officers.”

Missouri State Representative Jacob Hummel, a St. Louis Democrat and the minority floor leader, said, taking up legislative time to vote for unconstitutional bills that are destined to end up failing in the courts “is a waste of taxpayers’ money”…“We’re elected to serve the citizens of the state of Missouri, at the state level” he said. We were not elected to tell the federal government what to do by passing largely symbolic resolutions directed at Congress.

 

 Gun Control isn't about Guns but about Control

Read more about:The Missouri Gun Measure at UPI.com and The New York Times

The Right to Bear Arms is a Human Right

Our Right to Keep and Bear Arms – This article includes information about Gun Politics in many other countries and in Switzerland I read that “Owners are legally responsible for third party access and usage of their weapons.” 🙂

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