Preemption Bill 2008

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Here is the updated version of the Preemption Bill.

http://www.house.state.mo.us/billtracking/bills081/bills/HB2546.htm

Its not posted but I have sent an updated version that should help us get it passed. I asked for them to still allow city/county ability to regulate shooting, but they have to incorporate 563 RSMo. Also, this will take away ability for them to regulate open carry. Here is what I sent Representative Tilley:




[align=center]Missouri Revised Statutes[/align]

[align=center]Chapter 21
General Assembly
Section 21.750

August 28, 2007[/align]





Firearms legislation preemption by general assembly, exceptions--limitation on civil recovery against firearms or ammunitions manufacturers, when, exception.

21.750. 1. The general assembly hereby occupies and preempts the entire field of legislation touching in any way firearms, components, ammunition and supplies to the complete exclusion of any order, ordinance or regulation by any political subdivision of this state. Any existing or future orders, ordinances or regulations in this field are hereby and shall be null and void except as provided in subsection 3 of this section.

2. No county, city, town, village, municipality, or other political subdivision of this state shall adopt any order, ordinance or regulation concerning in any way the sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permit, registration, taxation other than sales and compensating use taxes or other controls on firearms, components, ammunition, and supplies except as provided in subsection 3 of this section.

3. Nothing contained in this section shall prohibit any ordinance of any political subdivision which conforms exactly with any of the provisions of sections 571.010 to 571.070, RSMo, with appropriate penalty provisions, "or which regulates the open carrying of firearms readily capable of lethal use or the discharge of firearms within a jurisdiction, " (REMOVED - Can't show line through text) provided such ordinance complies with the provisions of section 252.243, RSMo and incorporates the justification defenses found in chapter 563 RSMo. (Added, to help get it passed)
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4. The lawful design, marketing, manufacture, distribution, or sale of firearms or ammunition to the public is not an abnormally dangerous activity and does not constitute a public or private nuisance.

5. No county, city, town, village or any other political subdivision nor the state shall bring suit or have any right to recover against any firearms or ammunition manufacturer, trade association or dealer for damages, abatement or injunctive relief resulting from or relating to the lawful design, manufacture, marketing, distribution, or sale of firearms or ammunition to the public. This subsection shall apply to any suit pending as of October 12, 2003, as well as any suit which may be brought in the future. Provided, however, that nothing in this section shall restrict the rights of individual citizens to recover for injury or death caused by the negligent or defective design or manufacture of firearms or ammunition.

6. Nothing in this section shall prevent the state, a county, city, town, village or any other political subdivision from bringing an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the state or such political subdivision.

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Also, I sent an email to Senator Engler and he just said that he would watch for it...anybody know one of them that will get onboard with it?

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Hey Shawn,

I am new to the state here and am not familiar with who our senators and congressmen are. Would you happen to have a list and i can call the ones that are pertinent to me and start putting that bug in there ear? I live in Independence.

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Sorry. The URL I pasted didn't show up. Let's try it again:


mmdkyoung123 wrote:

Hey Shawn,

I am new to the state here and am not familiar with who our senators and congressmen are. Would you happen to have a list and i can call the ones that are pertinent to me and start putting that bug in there ear? I live in Independence.

Click to expand...

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Look up your state legislators in MO by zip code

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Guys,

This is the bill we want. Please send an email to Representative Tilley and thank him for introducing this legislation. Notice it doesn't say anything about OC...this will help us when it gets into committee.

We need somebody in the Senate to introduce the exact same thing....anybody know one?


Tilley's page:
http://www.house.state.mo.us/billtracking/bills061/member/mem106.htm

[line]



My email to him:

Representative Tilley,





I wrote to you last year and requested that you sponsor a bill to change the firearms preemption statue 21.750. I have not had a chance to stop by your office and thank you for sponsoring the firearms preemption bill last year. I have written up another version of the bill and would ask the you once again sponsor this bill. It does have some additional changes this year and its enclosed.

1. It continues to allows cities and counties toregulate the discharge of firearms within their boundaries, if they incorporate the justifications of defense listed in chapter 563 RSMo.
   
2. It removes the ability for them to regulate the open carrying of firearms.

Without the preemption of the ordinances, a person could be charged for simply defending themselves or a loved one. This could in turn, prohibit them from obtaining a ccw permit or exercising their second amendment rights in the future.


I can show you that by simply carrying a pistol on your hip in full view (as the state courts have stated is lawful –Article 1, section 23) will be legal in one town and then illegal in another. For instance, Ste Genevieve prohibits open carry of firearms (Article 6, section 210:250,6), as does Farmington ( Article 5, section 210:240,4), yet it is permitted in Bonne Terre, Leadington, Desloge and Festus. I have a list of towns that would show what is allowed and what is prohibited, but it is not all inclusive and legal gun owners have no way of knowing what town they are legal in or when they cross a city limitthey could be in violation of an ordinance (either driving on a motorcyle or hunting).



This patch work of local ordinances, can and has, caused a great many issues for lawful firearm owners, simply trying to exercise their state and federal rights. I would like to share with you what research I have conducted on this issue and why this statue should be changed. Some case law listed below:


In State v. Wilforth, the court stated: "We do not desire to be understood as maintaining that in regulating the manner of bearing arms the authority of the legislature has no other limit than its own discretion. A statute which, under the pretense of regulating, amounts to a destruction of the right, or which requires arms to be so borne as to render them wholly useless for purposes of defense, would be clearly unconstitutional."


Then again in State v. White, the court stated: "The evident purpose of Section 17, Article 2, is to render the citizen secure in his home, his person and his property. Its purpose is to deny to the Legislature the power to take away the right of the citizen to resist aggression, force, and wrong at the hands of another. By no possible construction can that section of the Constitution be held to guarantee to the citizen the right to keep and bear arms for the purpose of his own aggression, wrong, or assault upon the person or property of another. The right of the citizen to keep and bear arms for his own protection or in aid of the civil power, when thereto legally summoned, is the only right guaranteed to the citizen."


Please let me know if you will be able to assist with this effort again this year. Thank you for your time and I look forward to visiting with you in the near future.

Shawn

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Guys,

Can you post the response from your Representatives? Are you guys doing anything on this???

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Shawn- I am moving to MO, is there any place I can get a copy of this list?

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Here is the letter I sent to rep salva. Kind of short but have been getting killed at work recently.

Representative Salva,

I am writing to exress my interest in your support for HB 2546. This bill will provide firearms preemption in Missouri, thus helping to protect its citizens. The way the law stands now, city's are able to pass their own laws as they see fit to restrict the use and open carrying of firearms. (the state courts have stated it is lawful to openly carry a firearm –Article 1, section 23) With cities being able to inact laws contradictory to this, a law abiding citizen is very likely to find himself to be a non law abiding citizen, simply by passing from one city to another. It would be a sad time indeed if someone were to pass into a city (I can name several) with such strict laws, and find themselves arrested and fined, for simply practicing their rights. This bill would prevent such a thing from happening.

I look forward to your reply, and hopeful support.

Sincerely,
Michael J Young
************@yahoo.com
(810) 250-**** cell
(816) 606-**** home

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Willa wrote:

Shawn- I am moving to MO, is there any place I can get a copy of this list?

Click to expand...

Willa,

The list could and has changed without warning. We simple look what ordinances online we can or go to the library and read them for ourselves. I believe there is an old link on the MO site that will show what towns were ok, and which ones were not.

Remember, its an old list and must be reverified. Unless we can get this bill passed.

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Thanks Shawn- I just didn't want to run afoul of the law being as I am moving from CA & already suspect

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Its had its second reading...Dru is also trying to get Senator Jason Crowellto sponser...I'm going to email him also...we got to get this thing moving.

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Jason Crowell is a senator. Are we asking him to sponsor the same bill in the Senate? Or is this bill also already in the senate? Before I write him I want to understand what we are asking him to do so I am on the same page with everyone.

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Ok...I just sent another email like the one to Tilley to Crowell...I'll let you guys know what he says.

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Here is what I got back from Jason Crowell:

Thanks for the email...it is too late to do something this year in the
session but I am in full support of this...it is just trying to get
others to come along...thanks.

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Hey newbie here so as i read this it's dead till next year? If it is we need to get working now to get ready for next time. If it's not dead then i want to help. I belong to mocc forum and the uscca too.

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I own land near Marshfield, about 1 hour NE of Springfield. I'll be moving there in a couple years, but will still write the state rep, if anyone knows who it is. We are working on getting OC in Texas right now.

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Just wrote the Attorney Generals office to see if they can clarify the law in layman's terms to be posted here (no i didn't mention this site) so don't freak. Also asked me living in newton co near neosho i asked about OC here. I have been trying to get in writing what the law is here but so far i ether can't talk to anyone or I'm getting the go here go there Oh i don't know but this guy does. Go to the sheriffs office or go to the police office. I don't give up easy.

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Is Jack Herschend going to oppose this like he fought concealed carry?

Saddens me, really... I have so many excellent childhood memories of Silver Dollar City, including back when the "citizens" carried real black powder guns and engaged in blank ammo "shootouts".

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KBCraig wrote:

Is Jack Herschend going to oppose this like he fought concealed carry?

Saddens me, really... I have so many excellent childhood memories of Silver Dollar City, including back when the "citizens" carried real black powder guns and engaged in blank ammo "shootouts".

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I don't know about Jack but Peter Herschend will fight it tooth and toenail. Remember how hard he fought concealed carry? I was told by some people in Taney County all the time he was fighting conceal carry he had a permit because he carried large sums of money to the bank daily.