Thursday, February 20, 2014

MOSB613, just a rehash of HB436 from 2013 and why that is NOT a good thing.

http://legiscan.com/MO/text/SB613/2014

The Missouri Senate has ressurectred the Anti-Federal Firearms Law bill that failed it's veto overturn last year by one vote.  It is an interesting bill, seeking to nullify Federal firearms laws inside the confines of Missouri and threatening jail time for any Federal Agent that attempts to enforce those firearms laws (NFA '34, GCA '68 and all since passed Amendments to those laws).  The part that bothers me is that there is NOTHING in the bill as sent to the House that protects firearms owners from the State.

MO Section 571-020 http://www.moga.mo.gov/statutes/C500-599/5710000020.HTM states the following:

"
571.020. 1. A person commits a crime if such person knowingly possesses, manufactures, transports, repairs, or sells: (1) An explosive weapon; (2) An explosive, incendiary or poison substance or material with the purpose to possess, manufacture or sell an explosive weapon; (3) A gas gun; (4) A bullet or projectile which explodes or detonates upon impact because of an independent explosive charge after having been shot from a firearm; or (5) Knuckles; or (6) Any of the following in violation of federal law: (a) A machine gun; (b) A short-barreled rifle or shotgun; (c) A firearm silencer; or (d) A switchblade knife. 2. A person does not commit a crime pursuant to this section if his conduct involved any of the items in subdivisions (1) to (5) of subsection 1, the item was possessed in conformity with any applicable federal law, and the conduct: (1) Was incident to the performance of official duty by the Armed Forces, National Guard, a governmental law enforcement agency, or a penal institution; or (2) Was incident to engaging in a lawful commercial or business transaction with an organization enumerated in subdivision (1) of this section; or (3) Was incident to using an explosive weapon in a manner reasonably related to a lawful industrial or commercial enterprise; or (4) Was incident to displaying the weapon in a public museum or exhibition; or (5) Was incident to using the weapon in a manner reasonably related to a lawful dramatic performance. 3. A crime pursuant to subdivision (1), (2), (3) or (6) of subsection 1 of this section is a class C felony; a crime pursuant to subdivision (4) or (5) of subsection 1 of this section is a class A misdemeanor. "

What this boils down to, is that the State of Missouri is attempting to enact a law where Missouri Jails will house either Federal Agents who attempt to enforce Federal laws or Missouri Residents who operate under the mistaken idea that SB613 protects them for violations of firearms laws.  I do not see this as a good idea.  I have been told that my views on this are 'negative and wrong' and that I am a 'wet blanket' due to not dancing in the streets that the State Senate has passed a law that has ZERO positive impact on gun owners in Missouri.