Funderburk bill declares all federal gun laws past and present illegal in Missouri

Missouri House Republicans apparently never get enough of filing legislation that allows them to howl at the moon and declare that they won't follow federal laws, whether they be about health care or guns.

The latest testosterone trophy for the GOP, the Second Amendment Preservation Act, HB 436, was filed Tuesday by Rep. Doug Funderburk, R-St. Peters, and has 23 co-sponsors, including Speaker of the House Tim Jones, R-Eureka, who may have decided to support the bill after consulting with a "very personal constituent."

As with other legislation filed this session, the Second Amendment Preservation Act would make it a crime to try to enforce federal gun laws in Missouri and would give Missourians who feel someone has tried to infringe on their Second Amendment rights an invitation to sue. (Only lawsuits not involving gun rights are considered frivolous by GOP legislators.)

Funderburk's bill goes beyond previous legislation in that it not only says Missourians do not have to follow any new gun laws or regulations, but it includes a laundry list of federal gun laws enacted years ago that Missourians will no longer have to follow.

The bill includes the following passage:

 3. (1) All federal acts, laws, orders, rules, and regulations, whether past, present, or future, which 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 shall be invalid in this state, shall not be recognized by this state, are specifically rejected by this state, and shall be considered null and void and of no effect in this state.

            (2) Such federal acts, laws, orders, rules, and regulations include, but are not limited to:

            (a) The provisions of the federal Gun Control Act of 1934;

            (b) The provisions of the federal Gun Control Act of 1968;

            (c) Any tax, levy, fee, or stamp imposed on firearms, firearm accessories, or ammunition not common to all other goods and services which could have a chilling effect on the purchase or ownership of those items by law-abiding citizens;

            (d) Any registering or tracking of firearms, firearm accessories, or ammunition which could have a chilling effect on the purchase or ownership of those items by law-abiding citizens;

            (e) Any registering or tracking of the owners of firearms, firearm accessories, or ammunition which could have a chilling effect on the purchase or ownership of those items by law-abiding citizens;

            (f) Any act forbidding the possession, ownership, or use or transfer of any type of firearm, firearm accessory, or ammunition by law-abiding citizens;

            (g) Any act ordering the confiscation of firearms, firearm accessories, or ammunition from law-abiding citizens.

            4. It shall be the duty of the courts and law enforcement agencies of this state to protect the rights of law-abiding citizens to keep and bear arms within the boarder of this state from the infringements in subsection 3 of this section.

            5. No public officer or employee of this state shall have any authority to enforce or attempt to enforce any of the infringements on the right to keep and bear arms included in subsection 3 of this section.

            6. Any official, agent, or employee of the United States government who enforces or attempts to enforce any of the infringements on the right to keep and bear arms included in subsection 3 of this section is guilty of a class A misdemeanor.

            7. Any Missouri citizen who has been subject to an effort to enforce any of the infringements on the right to keep and bear arms included in subsection 3 of this section shall have a private cause of action for declaratory judgment and for damages against any person or entity attempting such enforcement.