A protection bill that seeks to nullify all potential federal gun control in Missouri was heard in the Transportation, Infrastructure and Public Safety Committee on Thursday, April 4. 

SB 367, sponsored by Senator Eric Burlison (R-20), is an act that would create the "Second Amendment Preservation Act" and lists various declarations of the Missouri General Assembly regarding the United States Constitution and the scope of the federal government's authority.

The bill's description puts it frankly: "This act declares as invalid all federal laws that infringe on the right to bear arms under the Second Amendment to the U.S. Constitution and Article I, Section 23 of the Missouri Constitution. Some laws declared invalid under this act include certain taxes, certain registration and tracking laws, certain prohibitions on the possession, ownership, use, or transfer of a specific type of firearm, and confiscation orders."

In addition, the act declares that federal supremacy does not apply to federal laws that restrict or prohibit the manufacture, ownership, and use of firearms, firearm accessories, or ammunition within the state because such laws exceed the scope of the federal government's authority. Laws necessary for the regulation of the land and the United States Armed Forces are excluded from the types of federal firearms laws that exceed federal authority.

The act declares that it is the duty of the courts and law enforcement agencies to protect the rights of law-abiding citizens to keep and bear arms. 

No public officer or state or local employee would have the authority to enforce firearms laws declared invalid by the act. Any public officer or state or local employee who tried to enforce the firearms declared invalid by the act would be liable for redress.

This act is similar to HB 786 (2019), HB 1760 (2018), and similar to provisions in HB 1439 (2014).


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