Duke University’s Arguments Against A Statutory Second Amendment

Herschel Smith · 22 May 2022 · 14 Comments

The Regulatory Review links a paper by Joseph Blocher of Duke University arguing against state preemption laws that prohibit more restrictive gun control statutes by cities and counties than instituted by the state itself.  The paper is entitled "Cities, Preemption, and the Statutory Second Amendment." He argues: As a practical matter, though, nothing has done more to shape contemporary gun regulation than state preemption laws, which fully or partially eliminate cities’ ability to…… [read more]

Missouri Second Amendment Preservation Act Goes To Supreme Court

BY Herschel Smith
4 months ago

Ammoland.

Bidens (sic) DOJ doesn’t like the idea that the State of Missouri has decided to protect its citizens from an overreaching federal government and unconstitutional laws. HB85 also known as the Second Amendment Preservation Act or SAPA has really gotten under the skin of the Biden administration because it prevents gun-grabbers at the federal level from coercing with state officials for gun grabs. The law does not extend to various federal statutes, executive orders, administrative orders, court orders, rules, regulations, or other actions that collect data or restrict or prohibit the manufacture, ownership, or use of firearms, firearm accessories, or ammunition exclusively within the borders of Missouri.

The Federal government’s complaint alleges that the restrictions within HB85 have hindered cooperation and other activities that aid federal, state, and local law enforcement efforts in creating joint Federal Task Forces against Missourians.

The legislation, which was signed into law in 2021 and sponsored by Representative Jered Taylor, invalidates federal firearms laws. Under SAPA, law enforcement agencies can be fined up to $50,000 if they enforce federal gun regulations. You can imagine how infuriated the gun grabbers would be over something like this.

Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division said, “A state cannot simply declare federal laws invalid,” “This act makes enforcement of federal firearms laws difficult and strains the important law enforcement partnerships that help keep violent criminals off the street.”

Missouri Attorney General Eric Schmitt said, “After their disastrous arguments in the Missouri Supreme Court last week, the Biden Department of Justice has now filed yet another partisan lawsuit that seeks to attack Missourians’ Second Amendment rights.”

This is not an especially well written article.  Nonetheless, I told you that the FedGov hated this law.  I told you so.

I think the thing about this the FedGov hates so much is that state, county and local LEOs can be sued for $50,000 and fired for cooperating with agents of the FedGov, and barred from ever working as a LEO again in the state of Missouri.

The reason they hate this is because they need local LEOs to assist in protection, addresses, processing, records (e.g., let’s say that FedGov wants to press other charges) and the like.

This continues the saga of he Missouri 2A preservation act.

I wouldn’t make a prediction on what the SCOTUS will do.  What I do know is that if the state of Missouri is serious about this, it won’t matter and any SCOTUS decision will be ignored.  The state doesn’t have to cooperate with the FedGov in anything.  They could decide to arrest agents of the FedGov and thrown them in the state penitentiary if they so choose, and there’s nothing the FedGov could do about it.

DoJ On Missouri’s Second Amendment Preservation Act

BY Herschel Smith
4 months, 2 weeks ago

NPR.

The Department of Justice has asked a federal judge to block a Missouri law that allows private citizens to sue law enforcement agencies and officers for $50,000 if they can show their state gun rights were infringed upon. Gov. Mike Parson signed the Second Amendment Preservation Act last year, and since then, counties, cities and dozens of Missouri police chiefs have challenged it.

The law, known as H.B. 85, invalidates in Missouri five specific federal gun law categories, such as ones prohibiting the gun ownership by some felons, confiscation orders, and registration laws.

The complaint filed in federal court in Jefferson City, Mo., on Wednesday says “the overall purpose and effect of H.B. 85 are thus to nullify federal firearm laws and to affirmatively interfere with their enforcement.”

“This act impedes criminal law enforcement operations in Missouri,” U.S. Attorney General Merrick Garland said in a statement. “The United States will work to ensure that our state and local law enforcement partners are not penalized for doing their jobs to keep our communities safe.”

I’m telling you, the FedGov hates this law.  Missouri has the strongest such law on the books, and the FedGov is fearful of it spreading.

But the determination to carry through with this (including preventing any LEO who is found to aid FedGov gun control efforts from ever working again in Missouri) is what will win the day versus the determination of a federal judge.

When they can’t win any other way, they go judge shopping.

State Senator files bills to give Oklahoma sheriffs power to arrest federal officers, form posses against federal agents

BY Herschel Smith
5 months, 3 weeks ago

LEOs in Oklahoma may soon have to make a choice on whose side they stand.

An Oklahoma State Senator filed three bills designed to increase the power wielded by Oklahoma sheriffs, including a bill that empowers sheriffs to arrest federal officers who attempt to confiscate guns.

State Senator Nathan Dahm, R-Broken Arrow, filed the bills on Thursday.

“I’ve heard from numerous sheriffs and constituents across this state who are concerned at the consistent ignoring of our Constitution happening by this rogue regime” Dahm said. “The Second Amendment was never solely about hunting unless you’re referring to hunting tyrants. It was about the people being able to protect themselves against a government that would seek to disarm them.”

Senate Bill 1199 allows sheriffs to arrest federal officers who attempt to confiscate guns in Oklahoma.

Senate Bill 1200 requires federal agents and officers to receive permission from the county sheriff before operating in their county.

Senate Bill 1201 expands a sheriff’s ability to form a posse to include prohibiting agents, employees and officers of the federal government from violating the constitutional rights of the people of their county.

“The full totalitarian leftist takeover of a society has always been predicated on confiscation of firearms,” Dahm said. “Thankfully in Oklahoma we have county sheriffs that would never allow that to take place. But we must do everything possible to help them stand up for our rights and this bill further enables them to do that.”

I told you before this was an expanding and growing movement.  This is the strongest manifestation of that movement I’ve seen.

The pink panty crowd in Missouri is complaining about their weaker 2A preservation act.  Very well.  Let them resign.

Maybe there’s hope for Oklahoma.  The goal is for agents of the FedGov to be effectively unable to function.

Missouri Police Still Have Their Pink Panties In A Wad Over The 2A Preservation Act

BY Herschel Smith
5 months, 3 weeks ago

News from the pink panties crowd.

Police chiefs from around the St. Louis area and the state are supporting a new lawsuit seeking to clarify a controversial Missouri gun law.

In affidavits filed in court and in legal briefs filed by nearly 60 police chiefs belonging to either the St. Louis Area Police Chiefs Association or the Missouri Police Chiefs Association, police officials raise questions about Missouri’s new “Second Amendment Preservation Act.”

The chiefs say, “some of the wording and structure of SAPA has inadvertently caused confusion and raised a number of questions that hinder law enforcement’s ability to defend and protect Missouri citizens.”

The move follows multiple failed attempts by police, prosecutors and federal law enforcement officials to get the Missouri Legislature to make changes to the law.

[ … ]

Asked about the potential for changes in the Legislature, Taylor said, “I don’t think there need to be any changes,” adding that he believes the bill was written in a way that both protects the Second Amendment and allows law enforcement to do their job.

In a statement provided in response to questions from the Post-Dispatch Monday, the two associations stressed that the intent was not to overturn the law but to “ensure that law enforcement return to operating and functioning as it always has. The vague language contained within the law has caused confusion and solicited varying legal opinions which has resulted in unintended operational consequences.”

“Unintended operational consequences.”  They want clarification that they can still eat doughnuts with their bestest buddies and partners in stuff, the FedGov.

Here is the clarification they should get.  “State law now stipulates that you arrest and charge all agents of the FedGov who enforce gun control laws of any kind.”

Suck it up, pink panty boys.  This is an evolution that must occur.  It’s inevitable.  It’s going to happen.  These are just the beginning stages.  Decide which side you’re on.


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