HCS HB 85 & 310 -- THE RIGHT TO BEAR ARMS

SPONSOR: Taylor (139)

COMMITTEE ACTION: Voted "Do Pass with HCS" by the Standing Committee on General Laws by a vote of 10 to 4. Voted "Do Pass" by the Standing Committee on Rules- Legislative Oversight by a vote of 7 to 2.

The following is a summary of the House Committee Substitute for HB 85.

The bill establishes the "Second Amendment Preservation Act", which:

(1) Declares that laws, rules, orders, or other actions which restrict or prohibit the manufacture, ownership, and use of firearms, firearm accessories, or ammunition exclusively within this state exceed the powers granted to the federal government except to the extent they are necessary and proper for governing and regulating land and naval forces of the United States or for organizing, arming, and discipling militia forces actively employed in the service of the United States Armed Forces;

(2) Declares that all federal acts, laws, executive orders, administrative orders, court orders, rules, and regulations, whether past, present, or future, that infringe on the people's right to keep and bear arms as guaranteed by the Second Amendment to the United States Constitution and Article I, Section 23 of the Missouri Constitution must be invalid in this state, including those that impose a tax, levy, fee, or stamp on these items as specified in the bill; require the registration or tracking of these items or their owners; prohibit the possession, ownership, use, or transfer of a firearm; or order the confiscation of these items;

(3) Declares that it must be the duty of the courts and law enforcement agencies to protect the rights of law-abiding citizens to keep and bear arms and that no person, including a public officer or state employee of this state or any political subdivision of this state, can have authority to enforce or attempt to enforce any federal laws, orders, or rules infringing on the right to keep and bear arms;

(4) Specifies that any entity or person who knowingly acts under the color of any federal or state law to deprive a Missouri citizen of the rights or privileges ensured by the federal and state constitutions to keep and bear arms must be liable to the injured party for redress. Reasonable attorney fees and costs may be awarded to the prevailing party with specified exceptions. Qualified immunity shall not be a defense; and

(5) States that any person while acting as an official, agent, employee, or deputy of the United States Government who enforces or attempts to enforce any of the infringements identified in this bill or gives material aid and support to the efforts of others who enforce or attempt to enforce any of the infringements identified in this bill may be permanently ineligible to serve as a law enforcement officer or to supervise law enforcement officers in this state or in any political subdivision of this state.

This bill contains a severability clause.

This bill is similar to HB 1637 (2020).

The following is a summary of the public testimony from the committee hearing. The testimony was based on the introduced version of the bill.

PROPONENTS: Supporters say that the bill supports Missouri's ability to self-govern without control by the federal government. Supporters cite the anti-commandeering doctrine to prevent federal intrusion. Supporters also urge maintenance of constitutional protections as they exist now to prevent future actions.

Testifying for the bill were Representative J. Taylor; Alex Salsman; Gina L. Coats, GLC Bullets, LLC; Hollis Overall; Jim Conrady; Linda Conrady; Paul Hamby; Robert Titus; Peggie Crabtree Berry; Ron Calzone; Susan Myers; and Tony Shepherd.

INFORMATIONAL PURPOSES ONLY: The witness stated that state and federal law enforcement agencies frequently work together and asked the committee to consider that.

Testifying for informational purposes was Missouri Sheriffs United.

Written testimony in opposition to the bill was submitted by Karen Rogers. 

Statutes affected:
Introduced (0767H.02): 1.320, 1.410, 1.420, 1.430, 1.440, 1.450, 1.460, 1.470, 1.480, 1.485
Committee (0767H.03): 1.320, 1.410, 1.420, 1.430, 1.440, 1.450, 1.460, 1.470, 1.480, 1.485
Perfected with House Perfecting Amendment (0767H.03): 1.320, 1.410, 1.420, 1.430, 1.440, 1.450, 1.460, 1.470, 1.480, 1.485
Perfected (0767H.03): 1.320, 1.410, 1.420, 1.430, 1.440, 1.450, 1.460, 1.470, 1.480, 1.485
Committee (0767S.09): 1.320, 1.410, 1.420, 1.430, 1.440, 1.450, 1.460, 1.470, 1.480, 1.485
Truly Agreed (0767S.10): 1.320, 1.410, 1.420, 1.430, 1.440, 1.450, 1.460, 1.470, 1.480, 1.485

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Senate Committee Minutes:
SENATE COMMITTEE MINUTES Bill No.: HCS HBs 85 & 310
Sponsor: Taylor
Hearing Date: 3/30/2021


COMMITTEE: General Laws

CHAIRMAN: Eigel

DATE REFERRED: 3/11/2021 DATE HEARING REQUESTED: 3/25/2021



STAFF:
Jim Ertle
Denia Fields
Jacob Scott


WITNESSES GIVING INFORMATION:
Kevin Merritt - Missouri Sheriffs United


WITNESSES FOR:
Scott Hawke
Dan Wehner - Daniel Wehner
Ridge Carpenter
Micah Nelson
Paul Wilson
Joe Widmer - I, Joe Widmer, support this legislation.
Chris Trusler - Chris trusler
James Riley - To protect from FED overreach we need this speedily passed
Deanna Rhodes - Please pass this legislation out of committee and bring it to the floor. Our 2nd amendment is our go
Darwin Binder
Bryce McDaniel - We need this bill to pass to preserve our constitution.
Arnie C. AC "Honest-Abe" DIENOFF - State Public Advocate
Iris McQuain
Stephen Stout - Stephen Stout
TONY SHEPHERD
Gary Nichols
John Turner
John thacker - As our country has two parties playing games and the democrats in DC do all they can to push us to a
Ron Calzone
Jeffrey A. Wegs - self
Ashley Dennhardt - self
Laura Hausladen - self
John-Paul Fagot
Susan Myers - self
Marcella Poris - self
Jim Conrady - self
Linda Conrady - self
Bev Ehlen - Self







 COMMITTEE: General Laws

CHAIRMAN: Eigel

DATE REFERRED: 3/11/2021 DATE HEARING REQUESTED: 3/25/2021

WITNESSES AGAINST:
Susan Gibson - Susan Gibson
Karen Stafford - I am against this measure.
Billie WesterveIt - Federal laws must be the supreme law of the land. State laws in conflict with Fed. laws undermine th
Cathy Gilbert - I oppose HB 85 which would likely prevent even the most basic law enforcement cooperation between st
Elizabeth Beck - This bill will cost Missouri taxpayers money to defend in court. The US Supreme Court has already ru
Kent Stalder - MO should not pit itself against Federal law. We should not punish MO LE officers.
Jeanne Mihail - I strongly oppose this bill as it will limit cooperation among law enforcement agencies. It will un
Misty Killip
Richard Egan - This bill penalizes police and prosecutors from enforcing public safety laws. Don't make policing h
JOANNE HAGLOF - HB 85 is a dangerous bill that would prevent MO law enforcement from stopping criminals,
preventing
Polly Dross
Denise Stewart - Denise Stewart, citizen
Tara Bennett - I oppose. This makes Missouri more dangerous by defunding police and preventing law enforcement coop
Mary Gross - MO. LEO unable to assist fed in apprehending dom violence perps, gun traffickers, etc
Tara Johnson
Rhonda Torno - I oppose HB 85. I am a Missouri resident who is for common sense gun laws. This bill is very dange
Philip Knocke
Karen Rogers
Carolyn Walker - This would make it difficult for law enforcement personnel to enforce laws that help keep the public
Deborah Bowers - myself
Loretta Ceresia - I oppose this bill. It is extremely dangerous to MO citizens!
Peggy Berger - I am writing to voice my strong opposition to this bill. HB85 would not help make our state a safer
Amy Axtell - Nullification of Federal Gun Laws in Missouri is Absurd, Unconstitutional, & Dangerous. Police NEED
Richard Sheets - Missouri Municipal League
Erin Schaeffer - This bill would punish local law enforcement who enforce federal firearms laws; our communities won'
Maria Lindbergh - I oppose this bill.
Sarah Mayer - This bill is patently unconstitutional. It encourages criminal activity and undermines the rule of l
Daniel Madden - Dan Madden, I am opposed to HB 85, state law enforcement needs to be able to collaborate with
Federa
Bill Carney - Violates the US Constitution Supremacy Clause. Nullification died in 1865.
Cathy Primm - I am writing to request that this committee vote NO on HB 85 (Second Amendment Preservation). Gun e
Valerie Haldiman - I oppose this bill.
Marilyn Gamm - I oppose this bill.
David Lee
Rick Walter Sheriff - Missouri Chapter of Moms Demand Action for Gun Sense in America
Cassy Foerschler - March 30, 2021 Dear Chairman Eigel and Senate General Laws Committee I am writing to you
today to
Randee Steffen
Melissa Foerschler - March 30, 2021 Dear Chairman Eigel and Senate General Laws Committee I am writing to you
today to
Polly Blair - I oppose this bill!
Amanda Dickerson - Moms Demand Action for Gun Sense in America
Alicia Erickson - I oppose this bill.
Angela Curtis - I oppose this bill.
Jean Knapp - Jean Knapp
Catherine Terry
Shelley Swoyer
William Randolph - Scott Randolph
Clarissa Hollander
Gail Wechsler
Deborah DaLay - This is unconstitutional and wrong.
Anne Philipps - I oppose.




 COMMITTEE: General Laws

CHAIRMAN: Eigel

DATE REFERRED: 3/11/2021 DATE HEARING REQUESTED: 3/25/2021

Kim Madden - This bill would Undermine the rule of law, and prevent the safety of federal firearm regulations - c