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Thread: House Bills of interest

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    Regular Member Broondog's Avatar
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    while i was going through the listing of newly submitted Bills for the current legislative session i ran across a few that might be of interest to y'all.

    HB1230 Missouri Firearms Freedom Act - makes firearms Made in Missouri exempt from federal law. http://house.mo.gov/content.aspx?inf...lls/hb1230.htm

    HB1232 Unlawful use of a weapon revision - eliminates places of worship from the list of 'no carry' places. http://house.mo.gov/content.aspx?inf...lls/hb1232.htm

    HB1395 Felons having weapons revision - makes it OK for a felon to possess a firearm as long it's not concealable. http://house.mo.gov/content.aspx?inf...lls/hb1395.htm


    if you have any interest in these bills please contact your State Representative.


    sorry, but no word yet on a statewide preemption bill.
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    Broondog wrote:
    HB1232 Unlawful use of a weapon revision - adds places of worship to the list of 'no carry' places. http://house.mo.gov/content.aspx?inf...lls/hb1232.htm
    I think itchanges current law and allows for open carry in churchs and places of worship.
    AUDE VIDE TACE

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    Regular Member Broondog's Avatar
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    SavageOne wrote:
    Broondog wrote:
    HB1232 Unlawful use of a weapon revision - adds places of worship to the list of 'no carry' places. http://house.mo.gov/content.aspx?inf...lls/hb1232.htm
    I think itchanges current law and allows for open carry in churchs and places of worship.
    Section A. Section 571.030, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 571.030, to read as follows:
    571.030. 1. A person commits the crime of unlawful use of weapons if he or she knowingly:

    (8) Carries a firearm or any other weapon readily capable of lethal use into [any church or place where people have assembled for worship, or into] any election precinct on any election day, or into any building owned or occupied by any agency of the federal government, state government, or political subdivision thereof; or

    ----------------------------------------

    it sure looks to me like it would be a no-no.





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    AN ACT
    To repeal section 571.030, RSMo, and to enact in lieu thereof one new section relating to unlawful use of weapons, with penalty provisions


    (8) Carries a firearm or any other weapon readily capable of lethal use into [any church or place where people have assembled for worship, or into] any election precinct on any election day, or into any building owned or occupied by any agency of the federal government, state government, or political subdivision thereof; or


    As I read it the bill would remove the part of the statue dealing with churchs. The law already outlaws guns in church or places of worship.
    AUDE VIDE TACE

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    Regular Member Broondog's Avatar
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    ok, errr, well, ummm........ooops! i have been known to read things wrong once in a while. thanks for correcting me.

    i forgot that they bracket things they want out and bold things they want in. i will edit the OP accordingly.
    I'm the one who's gotta die when it's time for me to die, so let me live my life the way I want to.
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    Actually it is not illegal to concealed carry a firearm in a church in MO. It is only illegal without the consent of the minister or authorized personnel.

    Endorsement does not authorize concealed firearms, where--penalty for violation. 571.107. 1. A concealed carry endorsement issued pursuant to sections 571.101 to 571.121 or a concealed carry endorsement or permit issued by another state or political subdivision of another state shall authorize the person in whose name the permit or endorsement is issued to carry concealed firearms on or about his or her person or vehicle throughout the state. No driver's license or nondriver's license containing a concealed carry endorsement issued pursuant to sections 571.101 to 571.121 or a concealed carry endorsement or permit issued by another state or political subdivision of another state shall authorize any person to carry concealed firearms into:


    (14) Any church or other place of religious worship without the consent of the minister or person or persons representing the religious organization that exercises control over the place of religious worship. Possession of a firearm in a vehicle on the premises shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;

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    HB1395 Felons having weapons revision - makes it OK for a felon to possess a firearm as long it's not concealable. http://house.mo.gov/content.aspx?inf...lls/hb1395.htm



    So automatically a convicted prior felon can have full preemption statewide in Missouri. Open Carry for everyone!!

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    Regular Member Broondog's Avatar
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    Carnivore wrote:
    HB1395 Felons having weapons revision - makes it OK for a felon to possess a firearm as long it's not concealable. http://house.mo.gov/content.aspx?inf...lls/hb1395.htm



    So automatically a convicted prior felon can have full preemption statewide in Missouri. Open Carry for everyone!!
    did you read the bill text? it basically says that long guns would ok but not concealable firearms.

    my take on it is that non-violent felons could have hunting rifles and shotguns. my personal jury is still out on this one. maybe felons should hope for HB 1478 http://house.mo.gov/billcentral.aspx...;Action=Search to pass. then if they jumped thru all of the hoops in that one it would go further towards proving their willingness to be upstanding citizens.

    i'm not sure i can accept the restoration of gun rights, even partial, with just the stroke of a pen.


    I'm the one who's gotta die when it's time for me to die, so let me live my life the way I want to.
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    HB1230- Begins with some nice language that, if not excessively, establishes the basis of what should follow. But as far as the substance of what the law will change... It's a bit underwhelming. When I finished reading, all I could think was "Speak loudly, but tread lightly." This seems to kill the value entirely - [size=
    (3) The regulation of intrastate commerce is vested in the states under Amendments IX and X of the Constitution of the United States, particularly if not expressly preempted by federal law. Congress has not expressly preempted state regulation of intrastate commerce pertaining to the manufacture on an intrastate basis of firearms, firearms accessories, and ammunition; ][/size]

    So as long as Congress passes no laws that would prohibit (basically, Congress need only pass a law saying that it MAY regulate intrastate commerce...) what the state law allows, this Missouri law may stand. So, what was the point again. Oh, yeah. To allow guns manufactured in Missouri to not conform to future Federal law... Except the ones already restricted by Federal law. Those are still mostly out, apparently. And it looks like shotguns are not included in this bill, as they do not meet
    [size=][/size]5. The provisions of this section shall not apply to:
    [size=][/size](2) A firearm that has a bore diameter greater than one half inches and that uses smokeless powder, not black powder, as a propellant;[size=][/size]
    (4) A firearm that discharges two or more projectiles with one activation of the trigger or other firing device.

    HB1232- [size=][/size]"(8) Carries a firearm or any other weapon readily capable of lethal use into [any church or place where people have assembled for worship, or into] any election precinct on any election day, or into any building owned or occupied by any agency of the federal government, state government, or political subdivision thereof;"
    [size=
    "4. Subdivisions (1), (8), and (10) of subsection 1 of this section shall not apply to any person who has a valid concealed carry endorsement issued pursuant to sections 571.101 to 571.121 or a valid permit or endorsement to carry concealed firearms issued by another state or political subdivision of another state." ][/size]

    This would not affect concealed carry, as it applies to this particular section of Missouri law, as it is already exempted. So I imagine this would allow open carry in church? I don't know, I am no student of the law, just attempting to read it for what I think it is.

    HB1395- The stated purpose is to bring Missouri Law in line with federal law. I am not familiar with Federal law on this subject.

    Well, it's late. Cheers, peace, regards, vaya con Dios, good luck, and good night.

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    Regular Member Broondog's Avatar
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    hiruleshouse wrote:
    Broondog wrote:
    while i was going through the listing of newly submitted Bills for the current legislative session i ran across a few that might be of interest to y'all.

    HB1230 Missouri Firearms Freedom Act - makes firearms Made in Missouri exempt from federal law. http://house.mo.gov/content.aspx?inf...lls/hb1230.htm

    HB1232 Unlawful use of a weapon revision - eliminates places of worship from the list of 'no carry' places. http://house.mo.gov/content.aspx?inf...lls/hb1232.htm

    HB1395 Felons having weapons revision - makes it OK for a felon to possess a firearm as long it's not concealable. http://house.mo.gov/content.aspx?inf...lls/hb1395.htm


    if you have any interest in these bills please contact your State Representative.


    sorry, but no word yet on a statewide preemption bill.
    If you want a statewide Preeption bill (I'm assuming that's a bill that makes Open carry legal EVERYWHERE) your best bet is to go to http://www.house.mo.gov and contact representative Jim Guest's office-have EVERYBODY you know contact him requesting he file such a bill.
    HB2150 is the current preemption legislation.

    http://opencarry.mywowbb.com/forum33/38090.html


    I'm the one who's gotta die when it's time for me to die, so let me live my life the way I want to.
    Jimi Hendrix

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    As I see things the Missouri law will not satisfy the Federal restoration. In US V Caron the Supreme Court said

    "In sum, Massachusetts treats petitioner as too dangerous to trust with handguns, though it accords this right to law-abiding citizens. Federal law uses this state finding of dangerousness in forbidding petitioner to have any guns. The judgment of the Court of Appeals is upheld.


    In Michigan the BATF has stretched the inability to get a CPL license to be enough to activate the "unless clause"


    "If a felon is subject to a state CCW restriction, then he or she generally is subject to the Federal firearms prohibition. See 18 U.S.C. ยงยง 921(a)(20)"


    It will be interesting to see what happens!

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