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Thread: From O'Fallon, MO.

  1. #1
    Regular Member mspgunner's Avatar
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    From O'Fallon, MO.

    A City where OC is legal with a CCW:
    O'Fallon Missouri 2nd Amendment Protection Ordinance on next week's agenda.

    The first reading of the ordinance is Thursday 3-14-2013. The workshop is at 5:30pm and the meeting is at 7:30pm. Citizens' comments are shortly after 7:30pm, but a speaker sheet must be turned in prior to the meeting. Speakers get 5 minutes.

    Two weeks later the council will vote on it. The city attorney is pushing back a bit, but there are a majority on the council who want this.

    It is important to get as many people to speak in favor of this as possible.

    Here is the ordinance:

    AN ORDINANCE TO PREVENT FEDERAL, STATE, OR LOCAL INFRINGEMENT ON THE RIGHT TO KEEP AND BEAR ARMS, ARMS ACCESSORIES, OR AMMUNITION;

    WHEREAS, the entire membership of the Governing Body of the City of O’Fallon swore an oath to support the Constitution of the United States; and

    WHEREAS, Amendment 2 of the Constitution of the United States reserves to the people the right to keep and bear arms as that right was understood at the time that Missouri was admitted to statehood, and the guarantee of that right is a matter of contract between the State and people of Missouri and the United States as of the time that the compact with the United States was agreed upon and adopted by Missouri and the United States; and

    WHEREAS, Amendment 2 of the Constitution of the United States reads as follows, “A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”; and

    WHEREAS, the entire membership of the Governing Body of the City of O’Fallon swore an oath to support the Constitution of the State of Missouri; and

    WHEREAS, Article 1 of the Missouri Constitution - Bill of Rights - Section 23 “Right to Bear Arms” states “The right of the citizens to bear arms in defense of themselves and the State shall not be questioned”; and

    WHEREAS Article 1 of the Missouri Constitution - Bill of Rights - Section 23 clearly secures the right of individual Missouri citizens to keep and bear arms and prohibits any government interference with said right; and

    WHEREAS, the Governing Body of the City of O’Fallon strongly endorses the right of citizens to provide for their defense, both in times of peace and in times of crisis; and

    WHEREAS, the Governing Body of the City of O’Fallon strongly supports any and all peaceful and recreational uses of firearms;

    NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF O’FALLON, MISSOURI, AS FOLLOWS:

    PROHIBITIONS ON FEDERAL, STATE, OR LOCAL INFRINGEMENT OF THE RIGHT TO KEEP AND BEAR ARMS, ARMS ACCESSORIES, OR AMMUNITION.

    Section One.
    A. The Governing Body of the City of O’Fallon within the state of Missouri declares that all federal, state, or local acts, laws, orders, rules, regulations, or executive orders – past, present, or future – prohibiting the keeping and bearing of arms, arms accessories, or ammunition are a violation of Amendment 2 of the Constitution of the United States along with Article 1 of the Missouri Constitution - Bill of Rights - Section 23 and violate the true meaning and intent of both as given by the Founders and Ratifiers and are hereby declared to be invalid within the City of O’Fallon and all of its boundaries, shall not be recognized by this City or within all of its boundaries, are specifically rejected and shall be considered null and void and of no effect in the City of O’Fallon within all of its boundaries.

    B. It shall be the duty and obligation of the Governing Body of the City of O’Fallon to adopt and enact any and all measures as may be necessary to prevent the enforcement of any federal, state or local acts, laws, orders, rules, regulations, or executive orders in violation of Amendment 2 to the Constitution of the United States along with Article 1 of the Missouri Constitution - Bill of Rights - Section 23 or any violation of this ordinance.

    C. It shall be the duty and obligation of the Governing Body and the Law Enforcement Officers of the City of O’Fallon to defend individuals residing within City of O’Fallon and all of its boundaries against enforcement of any federal, state, or local acts, laws, orders, rules, regulations, or executive orders in violation of Amendment 2 of the Constitution of the United States along with Article I of the Missouri Constitution - Bill of Rights - Section 23 or any violation of this ordinance.

    D. In compliance with Article 1 of the Missouri Constitution - Bill of Rights - Section 23 which reads in full, “That the right of every citizen to keep and bear arms in defense of his home, person and property, or when lawfully summoned in aid of the civil power, shall not be questioned; but this shall not justify the wearing of concealed weapons.”, the unquestionable right of citizens within the City of O’Fallon and within all of its boundaries and within the state of Missouri to keep and bear arms, on or about the citizen’s person, within the citizen’s home, or upon the citizen’s property, shall not guarantee the right to carry a concealed weapon when not upon property the citizen owns or has permission to be upon, unless the individual bearing such weapon has a concealed weapons permit issued by the State of Missouri pursuant to Sections 571.101 to 571.121 of the Revised Statutes of Missouri that is both valid and current, or a concealed weapons permit issued by another State, or political subdivision of another State, with concealed carry weapons permit reciprocity with the State of Missouri that is both valid and current.

    E. All existing City of O’Fallon municipal ordinances contrary to Amendment 2 to the Constitution of the United States, Article 1 of the Missouri Constitution - Bill of Rights - Section 23, or Sections 571.010 to 571.070 of the Revised Statutes of Missouri are null and void and replaced by the contrary Constitutional provision or State law.

    Section Two
    A. Any officer, agent, or employee of the United States, the State Missouri or any of its political subdivisions, or a firearms dealer that is licensed under 18 U.S.C. Section 923, commits the offense of unlawful interference with firearm possession if such person enforces or attempts to enforce any federal, state, or local acts, laws, orders, rules, regulations, or executive orders regarding firearms, firearms accessories, or ammunition in violation of Section One of this ordinance.

    B. The offense of unlawful interference with firearm possession is a class A misdemeanor if the person committing the crime is an officer, agent, or employee of the state or any of its political subdivisions, or a licensed firearms dealer, and the offense is a class D felony if the person is an officer, agent, or employee of the United States.

    Section Three
    This ordinance shall be in full force and effect from and after its passage and approval by the Mayor.
    If you pull it, you use it. If you pull it and you don't use it, you've done some thing wrong and you might not get another chance. Think about it before you pack it!
    I worked 24/7 for 2A OC rights! Don't like what I did? Try it yourself, it was my full time job!
    Certified NRA Range Safety Officer - RSO

  2. #2
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    I might be able to make it. The timing will be cutting it real close with getting off work. Hopefully no speed traps.....
    "Somebody ever tries to kill you, you try and kill em right back!" - Captain Malcolm Reynolds

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