Monday, December 09, 2013
Brian Nieves: Guns and neurosis
Sen. Brian Nieves, R-Union, prefiled the Second Amendment Preservation Act Friday. The bill is a virtual copy of the HB 436, which was vetoed by Gov. Jay Nixon last year, except for leaving off provisions that would have made it a crime to publish the names of gun owners (apparently Second Amendment absolutists care little about the First Amendment) and made it a crime for federal law enforcement officers to enforce federal gun laws.
Those items were left out of the revised bill as a compromise engineered by Sen. Ron Richard, R-Joplin, who, along with Senate President Pro Tem Tom Dempsey, R-St. Charles County,
It appears that our legislators are planning on wasting another session taking aim at the federal government instead of handling the problems of the state government.
The text of the bill is printed below:
SECOND AMENDMENT PRESERVATION ACT - Section 1.320
This act lists various declarations of the Missouri General Assembly regarding the United States Constitution and the scope of the federal government's authority. In addition, the act declares that federal supremacy does not apply to federal laws that restrict or prohibit the manufacture, ownership, and use of firearms, firearm accessories, or ammunition within the state because such laws exceed the scope of the federal government's authority. Laws necessary for the regulation of the land and the United States Armed Forces are excluded from the types of federal firearms laws that exceed federal authority. This act also declares that the General Assembly strongly promotes responsible gun ownership and condemns unlawful transfers of firearms and the use of a firearm in criminal or unlawful activity.
This act declares as invalid all federal laws that infringe on the right to bear arms under the Second Amendment to the U.S. Constitution and Article I, Section 23 of the Missouri Constitution. Some laws declared invalid under this act include certain taxes, certain registration and tracking laws, certain prohibitions on the possession, ownership, use, or transfer of a specific type of firearm, and confiscation orders.
The act declares that it is the duty of the courts and law enforcement agencies to protect the rights of law-abiding citizens to keep and bear arms.
Under this act, no public officer or state employee has the authority to enforce firearms laws declared invalid by the act.
Any person who acts under the color of law to deprive a Missouri citizen of rights or privileges ensured by the federal and state constitutions shall be liable for redress. In such an action attorney's fees and costs may be awarded, and official or qualified immunity shall not be available to the defendant as a defense.
It is a Class A misdemeanor under this act for a federal employee to enforce or attempt to enforce firearms laws declared invalid by the act. State law enforcement officers are provided the power to interpose on behalf of law-abiding citizens.
The provisions of the section shall become effective either by August 28, 2017, or upon the Revisor of Statutes receiving notification that at least four other states have enacted substantially similar language or upon passage of any federal acts or issuance of federal orders which infringe upon or curtail the right to keep and bear arms, whichever event occurs earlier.
OPEN CARRY ORDINANCES - Section 21.750
This act provides that the open carrying of a firearm may not be prohibited by a political subdivision for any person with a valid concealed carry endorsement in his or her possession who presents such endorsement upon the demand of a law enforcement officer. In addition, no person carrying a concealed or unconcealed handgun may be disarmed or physically restrained by a law enforcement officer unless under arrest or if there is no reasonable and articulable suspicion of criminal activity. Any person who violates these provisions may be issued a citation for up to $35. No ordinance of a political subdivision may be construed to preclude the use of a firearm to defend property or persons.
SCHOOL PROTECTION OFFICERS - Sections 160.665, 571.107, 590.010 to 590.207
This act allows a school district to designate one or more school teachers or administrators as a school protection officer. School protection officers are authorized to carry a concealed firearm. The officer must keep the firearm under his or her personal control at all times while on school property. Violation of this provision is a Class B misdemeanor and may result in the immediate removal of the officer from the classroom and the commencement of employment termination proceedings.
School protection officers have the same power to detain and arrest as any other person would have under current law regarding defense of persons and property. Upon detention, the protection officer must immediately notify school administrators and school resource officers. If the person detained is a student, then the parents of the student must also be immediately notified.
Those seeking to be designated as school protection officers must make a request in writing to the superintendent of the school district along with proof of ownership of a valid concealed carry endorsement and a certificate of completion of a school protection officer training program.
The school district must notify the director of the Department of Public Safety of the designation of any school protection officer. The department must make a list of all school protection officers available to all law enforcement agencies.
This act requires the Peace Officer Standards and Training Commission to establish standards and curriculum for training of school protection officers. The director of the Department of Public Safety must develop, and make available to all school districts, a list of approved school protection officer training instructors, centers, and programs.
In order to attend a school protection officer training program, a person must submit to a criminal history background check and prove he or she has a valid concealed carry endorsement.
WARRANTS - 544.085, 544.086, & SECTION C
This act provides that before serving a warrant issued by a United States Court, the federal agent must be accompanied by the sheriff, or his or her designee, of the county where the warrant is to be served. In addition, state law enforcement officers must also be accompanied by a sheriff or designee when serving a warrant.
Federal and state law enforcement officers may file a petition with the associate circuit judge in the county where the warrant is to be served for a waiver of the accompaniment requirement if the officer believes the sheriff has a conflict of interest. The sheriff must protect the rights of anyone directly affected by the warrant and make a report on the incident. It is a Class A misdemeanor to fail serve a warrant without the accompaniment of a sheriff.
The provisions of the section regarding federal warrants shall become effective either by August 28, 2017 or upon the Revisor of Statutes receiving notification that at least four other states have enacted substantially similar language, whichever event occurs earlier.
HEALTH CARE PROFESSIONALS AND FIREARMS - Section 571.012
This act specifies that no licensed health care professional may be required by law to ask a patient whether he or she owns a firearm, document firearm ownership in a patient's medical records, or notify any governmental entity of the identity of a patient based solely on the patient's status as a firearm owner.
Under this act, licensed health care professionals are prohibited from documenting or disclosing information regarding a person's status as a firearm owner except under certain specified circumstances.
CONCEALED CARRY PERMITS - Sections 571.030, 571.101, & 571.117
Under current law, a person, who is not a member of the United States Armed Forces or honorably discharged from the armed forces, must be at least 21 years of age in order to qualify for a concealed carry endorsement. This act lowers the age to at least 19 years of age.
Any permit fees required for a concealed carry endorsement are waived for applicants who are disabled veterans.
UNLAWFUL POSSESSION - 571.070
Under the act, a person commits the offense of unlawful possession of a firearm if the person is illegally in the United States.
This act is similar to HB 436 (2013)and SB 352 (2013).