So, the Missouri legislature passed an interesting piece of legislation. House Bill 436 states the following:
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, shall be 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
It may be satisfying from a certain viewpoint, but it’s ultimately futile and possibly dangerous.
This is basically nullification. Going back to 1809, the Supreme Court has rejected the concept every single time they’ve heard it. Article VI, Clause 2 of the Constitution itself contradicts the concept as well:
This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.
Governor Nixon took this into account [pdf] in his decision to veto the bill, but it appears the votes are there to override him. This is unfortunate, because all it’s going to do is get otherwise well-meaning citizens arrested by federal authorities, tried in federal courts, and sentenced to federal prison. They’re already going after marijuana dispensaries in California; you can bet they’ll go after folks violating the NFA in Missouri.
And what will the state government do to protect them? Rally the militia? Doubtful. They might bring lawsuits, but that’s of little consolation to the people caught in the middle. Thanks for playing, guys. Really. But you’ve got to let this one go.
One thought on “On Nullification”
As someone living in CA, this brings me great hope, not because I expect to ever see such legislation enacted here, but because anyone here in SoCal knows just how prevalent and easy to obtain Medical Marijuana is in this state. Sure the fed might TECHNICALLY be against it, but they just plain-and-simple don’t have the resources to combat it, and once a movement like this is in full swing, the problem just grows exponentially until it’s impossible to combat.
Remember also that illegal immigration is illegal, and simply by becoming so common, it has become the de facto norm, leaving the fed powerless to even put concerted EFFORT into stemming it.
This is a win, plain and simple. Maybe not in the eyes of the law, at the federal level, but certainly for the boots-on-the-ground in the fight for our rights.