HOUSE BILL NO. 3070 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE HARDWICK.
6449H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 1.410, 1.420, 1.430, 1.440, 1.450, 1.460, 1.470, 1.480, and 1.485, RSMo, and to enact in lieu thereof six new sections relating to the sole purpose of reenacting the substantive portion of the Second Amendment Preservation Act and removing certain legislative findings and declarations, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 1.410, 1.420, 1.430, 1.440, 1.450, 1.460, 1.470, 1.480, and 1.485, 2 RSMo, are repealed and six new sections enacted in lieu thereof, to be known as sections 3 1.411, 1.421, 1.461, 1.471, 1.481, and 1.484, to read as follows: 1.411. 1. Sections 1.411 to 1.484 shall be known and may be cited as the "Second 2 Amendment Preservation Act". 3 2. The general assembly finds and declares that: 4 (1) The general assembly of the state of Missouri is firmly resolved to support 5 and defend the Constitution of the United States against every aggression, whether 6 foreign or domestic, and is duty-bound to oppose every infraction of those principles 7 that constitute the basis of the union of the states because only a faithful observance of 8 those principles can secure the union's existence and the public happiness; 9 (2) Acting through the Constitution of the United States, the people of the 10 several states created the federal government to be their agent in the exercise of a few 11 defined powers, while reserving for the state governments the power to legislate on 12 matters concerning the lives, liberties, and properties of citizens in the ordinary course 13 of affairs;
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 3070 2
14 (3) The limitation of the federal government's power is affirmed under 15 Amendment X of the Constitution of the United States, which defines the total scope of 16 federal powers as being those that have been delegated by the people of the several states 17 to the federal government and all powers not delegated to the federal government in the 18 Constitution of the United States are reserved to the states respectively or the people 19 themselves; 20 (4) In accordance with the Supremacy Clause of the Constitution of the United 21 States, if the federal government takes actions that are in violation of the Constitution of 22 the United States, those acts are unauthoritative, void, and of no force; 23 (5) The several states of the United States respect the proper role of the federal 24 government but reject the proposition that such respect requires unlimited submission. 25 If the federal government, created by a compact among the states, were the exclusive or 26 final judge of the extent of the powers granted to it by the states through the 27 Constitution of the United States, the federal government's discretion, and not the 28 Constitution of the United States, would necessarily become the measure of those 29 powers. To the contrary, as in all other cases of compacts among powers having no 30 common judge, each party has an equal right to judge for itself as to whether infractions 31 of the compact have occurred, as well as to determine the mode and measure of redress. 32 Although the several states have granted supremacy to laws and treaties made under the 33 powers granted in the Constitution of the United States, such supremacy does not extend 34 to various federal statutes, executive orders, administrative orders, court orders, rules, 35 regulations, or other actions that collect data or restrict or prohibit the manufacture, 36 ownership, or use of firearms, firearm accessories, or ammunition exclusively within the 37 borders of Missouri; such statutes, executive orders, administrative orders, court 38 orders, rules, regulations, and other actions exceed the powers granted to the federal 39 government except to the extent they are necessary and proper for governing and 40 regulating the United States Armed Forces or for organizing, arming, and disciplining 41 militia forces actively employed in the service of the United States Armed Forces; 42 (6) The people of the several states have given Congress the power "to regulate 43 commerce with foreign nations, and among the several states", but "regulating 44 commerce" does not include the power to limit citizens' right to keep and bear arms in 45 defense of their families, neighbors, persons, or property nor to dictate what sorts of 46 arms and accessories law-abiding Missourians may buy, sell, exchange, or otherwise 47 possess within the borders of this state; 48 (7) The people of the several states have also granted Congress the powers "to 49 lay and collect taxes, duties, imports, and excises, to pay the debts, and provide for the 50 common defense and general welfare of the United States" and "to make all laws which HB 3070 3
51 shall be necessary and proper for carrying into execution the powers vested by the 52 Constitution of the United States in the government of the United States, or in any 53 department or office thereof". These constitutional provisions merely identify the 54 means by which the federal government may execute its limited powers and shall not be 55 construed to grant unlimited power because to do so would be to destroy the carefully 56 constructed equilibrium between the federal and state governments. Consequently, the 57 general assembly rejects any claim that the taxing and spending powers of Congress 58 may be used to diminish in any way the right of the people to keep and bear arms; and 59 (8) The general assembly finds that the federal excise tax rate on arms and 60 ammunition in effect prior to January 1, 2026, which funds programs under the Wildlife 61 Restoration Act, does not have a chilling effect on the purchase or ownership of such 62 arms and ammunition. 1.421. 1. No entity or person, including any public officer or employee of this 2 state or any political subdivision of this state, shall have the authority to enforce or 3 attempt to enforce the following federal acts, laws, executive orders, administrative 4 orders, rules, and regulations: 5 (1) Any tax, levy, fee, or stamp imposed on firearms, firearm accessories, or 6 ammunition not common to all other goods and services and that might reasonably be 7 expected to create a chilling effect on the purchase or ownership of those items by law- 8 abiding citizens; 9 (2) Any registration or tracking of firearms, firearm accessories, or ammunition; 10 (3) Any registration or tracking of the ownership of firearms, firearm 11 accessories, or ammunition; 12 (4) Any act forbidding the possession, ownership, use, or transfer of a firearm, 13 firearm accessory, or ammunition by law-abiding citizens; and 14 (5) Any act ordering the confiscation of firearms, firearm accessories, or 15 ammunition from law-abiding citizens. 16 2. Nothing in sections 1.411 to 1.484 shall be construed to prohibit Missouri 17 officials from accepting aid from federal officials in an effort to enforce Missouri laws. 1.461. 1. Any political subdivision or law enforcement agency that employs a 2 law enforcement officer who acts knowingly, as defined under section 562.016, to violate 3 the provisions of section 1.421 or otherwise knowingly deprives a citizen of Missouri of 4 the rights or privileges ensured by Amendment II of the Constitution of the United 5 States or Article I, Section 23 of the Constitution of Missouri while acting under the 6 color of any state or federal law shall be liable to the injured party in an action at law, 7 suit in equity, or other proper proceeding for redress, and subject to a civil penalty of 8 fifty thousand dollars per occurrence. Any person injured under this section shall have HB 3070 4
9 standing to pursue an action for injunctive relief in the circuit court of the county in 10 which the action allegedly occurred or in the circuit court of Cole County with respect to 11 the actions of such individual. The court shall hold a hearing on the motion for a 12 temporary restraining order and preliminary injunction within thirty days of service of 13 the petition. 14 2. In such actions, the court may award the prevailing party, other than the state 15 of Missouri or any political subdivision of the state, reasonable attorney's fees and costs. 16 3. Sovereign immunity shall not be an affirmative defense in any action pursuant 17 to this section. 1.471. 1. Any political subdivision or law enforcement agency that knowingly 2 employs an individual acting or who previously acted as an official, agent, employee, or 3 deputy of the government of the United States, or otherwise acted under the color of 4 federal law within the borders of this state, who has knowingly, as defined under section 5 562.016, after the adoption of this section: 6 (1) Enforced, attempted to enforce, or participated in any way in the 7 enforcement or implementation of any federal acts, laws, executive orders, 8 administrative orders, rules, or regulations listed in section 1.421; or 9 (2) Given material aid and support to the efforts of another who enforces or 10 attempts to enforce or participates in any way in the enforcement or implementation of 11 any federal acts, laws, executive orders, administrative orders, rules, or regulations 12 listed in section 1.421 13 14 shall be subject to a civil penalty of fifty thousand dollars per employee hired by the 15 political subdivision or law enforcement agency. Each employee hired shall subject the 16 political subdivision or law enforcement agency to a separate civil penalty. 17 2. Any person residing or conducting business in a jurisdiction who believes that 18 an individual has taken action that would violate the provisions of this section shall have 19 standing to pursue an action for injunctive relief in the circuit court of the county in 20 which the action allegedly occurred or in the circuit court of Cole County with respect to 21 the actions of such individual. The court shall hold a hearing on the motion for a 22 temporary restraining order and preliminary injunction within thirty days of service of 23 the petition. 24 3. In such actions, the court may award the prevailing party, other than the state 25 of Missouri or any political subdivision of the state, reasonable attorney's fees and costs. 26 4. Sovereign immunity shall not be an affirmative defense in any action pursuant 27 to this section. HB 3070 5
1.481. 1. For sections 1.411 to 1.484, the term "law-abiding citizen" shall mean a 2 person who is not otherwise precluded under state law from possessing a firearm and 3 shall not be construed to include anyone who is not legally present in the United States 4 or the state of Missouri. 5 2. For the purposes of sections 1.411 to 1.484, "material aid and support" shall 6 include voluntarily giving or allowing others to make use of lodging; communications 7 equipment or services, including social media accounts; facilities; weapons; personnel; 8 transportation; clothing; or other physical assets. Material aid and support shall not 9 include giving or allowing the use of medicine or other materials necessary to treat 10 physical injuries, nor shall the term include any assistance provided to help persons 11 escape a serious, present risk of life-threatening injury. 12 3. It shall not be considered a violation of sections 1.411 to 1.484 to provide 13 material aid to federal officials who are in pursuit of a suspect when there is a 14 demonstrable criminal nexus with another state or country and such suspect is either 15 not a citizen of this state or is not present in this state. 16 4. It shall not be considered a violation of sections 1.411 to 1.484 to provide 17 material aid to federal prosecution for: 18 (1) Felony crimes against a person when such prosecution includes weapons 19 violations substantially similar to those found in chapter 570 or 571 so long as such 20 weapons violations are merely ancillary to such prosecution; or 21 (2) Class A or class B felony violations substantially similar to those found in 22 chapter 579 when such prosecution includes weapons violations substantially similar to 23 those found in chapter 570 or 571 so long as such weapons violations are merely 24 ancillary to such prosecution. 25 5. The provisions of sections 1.411 to 1.484 shall be applicable to offenses 26 occurring on or after August 28, 2026. 1.484. If any provision of sections 1.411 to 1.484 or the application thereof to any 2 person or circumstance is held invalid, such determination shall not affect the provisions 3 or applications of sections 1.411 to 1.484 that may be given effect without the invalid 4 provision or application, and the provisions of sections 1.411 to 1.484 are severable. [1.410. 1. Sections 1.410 to 1.485 shall be known and may be cited as 2 the "Second Amendment Preservation Act". 3 2. The general assembly finds and declares that: 4 (1) The general assembly of the state of Missouri is firmly resolved to 5 support and defend the Constitution of the United States against every 6 aggression, whether foreign or domestic, and is duty-bound to oppose every 7 infraction of those principles that constitute the basis of the union of the states HB 3070 6
8 because only a faithful observance of those principles can secure the union's 9 existence and the public happiness; 10 (2) Acting through the Constitution of the United States, the people of 11 the several states created the federal government to be their agent in the 12 exercise of a few defined powers, while reserving for the state governments 13 the power to legislate on matters concerning the lives, liberties, and properties 14 of citizens in the ordinary course of affairs; 15 (3) The limitation of the federal government's power is affirmed under 16 Amendment X of the Constitution of the United States, which defines the total 17 scope of federal powers as being those that have been delegated by the people 18 of the several states to the federal government and all powers not delegated to 19 the federal government in the Constitution of the United States are reserved to 20 the states respectively or the people themselves; 21 (4) If the federal government assumes powers that the people did not 22 grant it in the Constitution of the United States, its acts are unauthoritative, 23 void, and of no force; 24 (5) The several states of the United States respect the proper role of the 25 federal government but reject the proposition that such respect requires 26 unlimited submission. If the federal government, created by a compact among 27 the states, were the exclusive or final judge of the extent of the powers granted 28 to it by the states through the Constitution of the United States, the federal 29 government's discretion, and not the Constitution of the United States, would 30 necessarily become the measure of those powers. To the contrary, as in all 31 other cases of compacts among powers having no common judge, each party 32 has an equal right to judge for itself as to whether infractions of the compact 33 have occurred, as well as to determine the mode and measure of redress. 34 Although the several states have granted supremacy to laws and treaties made 35 under the powers granted in the Constitution of the United States, such 36 supremacy does not extend to various federal statutes, executive orders, 37 administrative orders, court orders, rules, regulations, or other actions that 38 collect data or restrict or prohibit the manufacture, ownership, or use of 39 firearms, firearm accessories, or ammunition exclusively within the borders of 40 Missouri; such statutes, executive orders, administrative orders, court orders, 41 rules, regulations, and other actions exceed the powers granted to the federal 42 government except to the extent they are necessary and proper for governing 43 and regulating the United States Armed Forces or for organizing, arming, and 44 disciplining militia forces actively employed in the service of the United States 45 Armed Forces; 46 (6) The people of the several states have given Congress the power "to 47 regulate commerce with foreign nations, and among the several states", but 48 "regulating commerce" does not include the power to limit citizens' right to 49 keep and bear arms in defense of their families, neighbors, persons, or property 50 nor to dictate what sorts of arms and accessories law-abiding Missourians may 51 buy, sell, exchange, or otherwise possess within the borders of this state; 52 (7) The people of the several states have also granted Congress the 53 powers "to lay and collect taxes, duties, imports, and excises, to pay the debts, 54 and provide for the common defense and general welfare of the United States" 55 and "to make all laws which shall be necessary and proper for carrying into HB 3070 7
56 execution the powers vested by the Constitution of the United States in the 57 government of the United States, or in any department or office thereof". 58 These constitutional provisions merely identify the means by which the federal 59 government may execute its limited powers and shall not be construed to grant 60 unlimited power because to do so would be to destroy the carefully 61 constructed equilibrium between the federal and state governments. 62 Consequently, the general assembly rejects any claim that the taxing and 63 spending powers of Congress may be used to diminish in any way the right of 64 the people to keep and bear arms; 65 (8) The general assembly finds that the federal excise tax rate on arms 66 and ammunition in effect prior to January 1, 2021, which funds programs 67 under the Wildlife Restoration Act, does not have a chilling effect on the 68 purchase or ownership of such arms and ammunition; 69 (9) The people of Missouri have vested the general assembly with the 70 authorit