Latest news with #SecondAmendmentPreservationAct
Yahoo
15-04-2025
- Politics
- Yahoo
Push to block enforcement of federal gun laws debated by Missouri Senate committee
(Aristide Economopoulos for New Jersey Monitor). Efforts to reenact a law preventing the enforcement of federal gun laws in Missouri found opponents from throughout the state Monday at a Missouri Senate Committee on Transportation, Infrastructure and Public Safety hearing. In 2021, the legislature passed the 'Second Amendment Preservation Act,' which prevented Missouri law officers from enforcing federal gun laws that were considered to be 'infringements' on Second Amendment rights. In 2024, the Eighth Circuit Court of Appeals ruled the act unconstitutional because it violated the supremacy clause of the U.S. Constitution, which establishes that federal laws take precedent over state laws. The court's decision said that while Missouri could withhold aid to federal enforcement, the language in the original act would negate federal laws directly. Rep. Bill Hardwick, a Republican Dixon, proposed bringing the act back with House Bill 1175. 'This is a proposal I have to kind of address what the Eighth Circuit had held and then reenact the substantive provision at the heart of the Second Amendment Preservation Act,' Hardwick said. Hardwick believes the language of his bill would not be considered unconstitutional. HB 1175 would restrict state agencies from enforcing or aiding in the enforcement of federal gun laws that differ from Missouri's laws. Hardwick's bill would also allow Missourians the ability to sue law enforcement agencies for up to $50,000 per occurrence should they work to enforce or aid in the enforcement of federal gun laws. 'What (Missouri law enforcement) can't do is be conscripts to the federal government,' Hardwick said, describing the bill. The original law, as well as Hardwick's reenactment, have drawn criticism from law enforcement agencies around the state. Police officers from Columbia, Nixa, Versailes, Rolla and Branson were in attendance at Monday's hearing. Some concerns presented by law enforcement include potentially frivolous lawsuits brought on by the bill and the potential loss of access to federal resources, like databases. Aaron Dorr, a gun rights activist for the Missouri Firearms Coalition, attempted to dispel some of these concerns during his testimony. Dorr said the legislation would not affect agencies' ability to access federal resources or to work with the federal government unless the primary subject of the work was in federal firearm enforcement. While many police who gave testimony agree with the sentiment of the bill, they voiced concern for the unintended consequences they believe could come from the bill. Columbia Assistant Police Chief Lance Bolinger noted that even if the law does not technically impede agencies, attorneys for law enforcement agencies are likely to take a restrictive approach when dealing with a new Second Amendment law to avoid potential lawsuits. 'Regardless of what the intentions are when we pass these laws, it is how the attorneys for the police department interpret them, that's what really matters,' Bolinger said, describing the effect of the original law. 'Because what (the original law) did for us is it pretty much shut down all of our federal assistance.' Bolinger said he is concerned that state agencies may stop using federal resources out of fear of litigation if a new Second Amendment act is approved. When the original law was put into place, one of the things the Columbia Police Department lost was a machine that helps to identify shell casings, Bolinger said. This was because the machine was provided by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives. 'This weekend in Columbia we had over 100 different shell casings that were dropped on our city,' Bolinger said regarding a shooting at Cosmo Park Saturday. 'Trying to put those pieces together and figure out what gun fired what shell casing is going to be impossible without that kind of technology.' Bolinger also noted that federal prison time for gun violations is often longer than state prison time, which means it's sometimes advantageous to prosecute suspected criminals for federal charges instead of state. Sean Fagen, the chief of police in Rolla, said he is an 'avid supporter of the Second Amendment,' but voiced concerns about frivolous lawsuits that might arise because of the bill. Fagen said these lawsuits could potentially stem from cooperation with federal law enforcement relating to narcotics. 'Usually when you have narcotics you have firearms involved,' Fagen said. Fagen said he fears that if a narcotics case with state and federal cooperation was taken up by federal courts and gun charges were added, Missouri offices could be open to lawsuits. An unlikely opponent to the bill was Ron Calzone, director of Missouri First, an organization that aims to protect Missouri's legislative sovereignty from federal overreach. Calzone said he was a champion of the original law, but takes issue with the new proposal because it's too broad and may interfere with an ongoing push to reinstitute the original law. Calzone said the bill could potentially go beyond what he sees as federal 'infringements' to the Second Amendment, instead applying to all federal laws pertaining to guns. 'The 2021 version of SAPA only forbade state involvement in federal laws we considered to harm the right to keep and bear arms,' Calzone said. 'But (this bill) applies to all federal laws quote 'regarding firearms.'' Calzone said if the federal government passed a law increasing gun rights, Missouri police would be restricted from helping to enforce those laws under the proposed law. Joan Haven, a volunteer for Moms Demand Action For Gun Sense in America, said she believes this legislation would make it harder for law enforcement to stop gun violence. According to the most recent CDC data compiled in 2022, Missouri ranks fifth among the states in firearm mortality per capita. This story originally appeared in the Columbia Missourian. It can be republished in print or online.
Yahoo
02-04-2025
- Politics
- Yahoo
Missouri parents demand action on school safety
JEFFERSON CITY, Mo. – More than 200 activists took to the halls of Jefferson City Tuesday to protest several gun-related bills that are moving through the Missouri Legislature. Representatives from Missouri Moms Demand Action joined gun violence survivors and parents of school shooting, as well as the group Missouri Students Demand Action for a day of lobbying regarding gun safety and the prevention of gun violence. Close Thanks for signing up! Watch for us in your inbox. Subscribe Now An advocate told FOX 2 that she came to the Capitol with a single focus: protecting children. 'Guns are the leading killer of kids in the United States,' said Emily Schiltz, a mother of two survivors from a 2022 school shooting at a school in St. Louis. 'We're all in this together, and there are a lot of ways to keep kids safer.' Schiltz said the most common sense change that should have already happened is making it harder for children and teens to access firearms. Schiltz's children attended the campus of Central Visual and Performing Arts Academy during the 2022 shooting that killed two and injured several more. The shooter was a former student and seemed undeterred by school safety practices in place at the time. Schiltz, who is also a teacher, said there has been a pattern of wrong solutions when it comes to school safety. 'One of the things I want parents and grandparents and aunts and uncles to understand is that intruder drills are really horrible for kids,' Schiltz said. 'They're terrifying. We're giving kids a bonus trauma when they're not even in a school shooting.' Specifically, the group of Missourians in Jefferson City Tuesday say they object to 'dangerous legislation' that they believe will lead to an increase in gun violence. The groups have continued to rail against House Bill 1175, a measure that creates the 'Second Amendment Preservation Act.' The proposal passed out of the House last week and now awaits action in the Senate. What's on the ballot for the St. Louis area April 8 election? In a press release, the group says the new public safety measure that was signed into law by Gov. Mike Kehoe is one of several proposals that they see as dangerous. The others on their radar include: Senate Bill 77—Allows for guns in places of worship and on public transit Senate Bill 142—Relates to federal gun laws that wouldn't be enforced by local police Senate Bill 363—Expands Missouri's 'Shoot First' law, which would allow gun owners to use their weapons as a first line in self-defense. One thing stressed by Schiltz is that this isn't about taking anyone's guns away. 'It's one thing to want to be able to bear arms for yourself and your personal safety, but not that many people think a six-year-old should have easy access to a gun,' Schiltz said of responsible gun storage. 'Reducing access for minors, reducing accessibility of guns, improving access and use of gun locks. There are a lot of simple measures that a lot of us agree upon that can keep kids safe.' Members of the Missouri Moms Demand Action spoke to members of both parties, with several attendees saying they felt both Republicans and Democrats are united around keeping children safe. 'There are a lot of simple measures that a lot of us agree upon that can keep kids safe,' Schiltz added. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
27-03-2025
- Politics
- Yahoo
Legislature returns from spring break, passes two dozens bills
JEFFERSON CITY, Mo. – The Missouri Legislature passed two dozen bills this week, adding to a long list of legislation that could be heading to the governor's desk by the end of the legislative session. On the House side, lawmakers passed a total of 22 bills this week, with measures ranging from school safety and initiative petition reform to abortion and gun rights. All passed, some with total consent and others along party lines. The debate on the abortion bill was lengthy and heated as was the floor consideration for House Bill 1175, which establishes the Second Amendment Preservation Act. 'Most Republicans are owned by guns,' Rep. Jeremy Dean, D-Springfield, said during debate on the House floor. 'The Second Amendment is constantly under attack,' said Rep. Jim Murphy, R-St. Louis County. 'Guns don't kill people,' he added. 'Criminals kill people.' Murphy said that while it's not a perfect bill, he expects the measure to be 'fixed' in the Senate before coming back to the House. That bill passed along party lines. Close Thanks for signing up! Watch for us in your inbox. Subscribe Now Democrat Minority Leader Rep. Ashley Aune, D-Kansas City, pointed to some of the bills as Republicans undoing 'the will' of the voters. 'Whether it's on abortion or paid sick leave and minimum wage, the first order of business this year has been to undo what Missourians went to the ballot box to vote for,' Aune said. 'To see the majority party, the super majority party, just running roughshod over the voters of this state is disappointing,' she said. 'And it's certainly not what most folks expect from their elected officials.' Meanwhile, Aune's GOP colleague, Speaker Jon Patterson, said he has been impressed by what the General Assembly has done so far this session. 'I'm very pleased with the way things are going,' Rep. Patterson, a Republican from the Kansas City area, said. Patterson said the efficient nature of this session is mainly because of Gov. Mike Kehoe's leadership. 'The way that he's been leading from the top, going around and seeing all the members,' Patterson said. 'The fact that we passed those two bills before spring break I think really was because of him and his will and his efforts.' 'The Mike Kehoe that we voted for is the Mike Kehoe that we're getting,' he said. 'I think that's great.' The Missouri Senate also passed legislation of their own. Two bills passed this week, one that would allow the Missouri Farm Bureau to sell health insurance to its members and another aimed at countering foreign influence in state and local elections. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
