Friday, July 05, 2013

Nixon vetoes gun law, cites Supremacy Clause, First Amendment

Gov. Jay Nixon has vetoed HB 436, which would have made it a crime for Missourians to follow federal gun laws and would have criminalized media that report on anyone who owns a gun.

Of course, this sets the stage for an attempt to override the veto in September, more wasted time and money for a bill that is clearly going to be declared unconstitutional sooner rather than later.

In his veto letter, Nixon says the bill violates the Supremacy Clause and violates the First Amendment right to free speech.

"There is no shortage of unacceptable scenarios that could result from this provision. As one example, newspapers around the state annually publish photos of proud young Missourians who harvest their first turkey or deer. Under this bill, doing so would be a crime. Also, and somewhat ironically, a reporter who prints a photo of a local rally being held in support of gun rights could face up to a year in jail or a thousand dollar fine or both."

The veto letter lists other examples of the First Amendment problems that could arise from the bill.


No comments: