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Another state to vote to exempt itself from national gun laws

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Several of the 50 states have either considered or voted to exempt themselves from federal regulations on firearms. Most often the move comes in response to new restrictions placed on guns by the federal government.

The tactic is to pass laws that prohibit the federal government from exercising any legal jurisdiction over firearms manufactured and sold only within the state that passes this law.

Kansas, for example, could approve a law that would prevent the federal government from imposing so-called "assault weapons bans" as long as such weapons are manufactured and sold within the state of Kansas. And this is precisely what Kansas has sought to do.

Other states that have introduced legislation include Alaska, Missouri, Pennsylvania, Tennessee, and Montana.

With regard to Missouri, State Representative Chrissy Sommer, R-District 106, introduced a bill (HB 1164) in the House that would prevent the federal government from having any authority over guns manufactured and sold within the state boundaries of Missouri.

The bill further prohibits an emergency medical technician or a paramedic to be charged with firearms violations if they carry on the job, use the gun as part of the fulfillment of their duties, and possess a valid concealed carry license.

MB 1164 is part of the agenda for the new legislative session in Missouri in 2014.

The official summary of the bill, which is found on the Missouri General Assembly website, is as follows:

HB 1164 -- MISSOURI FIREARMS FREEDOM ACT
SPONSOR: Sommer

This bill establishes the Missouri Firearms Freedom Act. In its
main provisions, the bill specifies that a personal firearm,
firearm accessory, or ammunition that is manufactured commercially
or privately in the State of Missouri and that remains within the
borders of the state is not subject to federal law or regulation,
including registration, under the authority of Congress to regulate
interstate commerce. These provisions apply to any firearm,
firearm accessory, or ammunition that can be manufactured without
the inclusion of any significant parts imported into the state.
Any generic or insignificant parts imported into this state that
have other manufacturing or consumer product applications and are
used to manufacture a firearm, firearm accessory, or ammunition in
this state are not subject to federal regulation. Certain
specified firearms are excluded from the provisions of the bill.
The bill requires any firearm manufactured or sold in the state
under these provisions to have the words "Made in Missouri" clearly
stamped on a central metallic part of the firearm.
The bill exempts a member of an ambulance service who is employed
on a full-time basis as an emergency medical technician or
paramedic and has met the training requirements for a concealed
carry endorsement from the crime of unlawful use of a weapon when
the use is reasonably associated with or is necessary to the
fulfillment of his or her official duties.

These types of laws have run into difficulty, however, when challenged in the courts. Both the Montana and the Kansas laws have been legally challenged and are now tied up in court. The 10th Amendment Center, however, helps states in the process by providing model wording for the drafting of these laws that would give such states a greater probability of passing the legal muster.

Earlier this year the Missouri Senate failed to approve the House bill that would have exempted guns manufactured and sold in Missouri from federal laws. But proponents of the measure are adamant that they have no intention of giving up or going away.

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