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Thread: City of Chesterfield pending firearms restriction

  1. #1
    Regular Member mspgunner's Avatar
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    City of Chesterfield pending firearms restriction

    This a letter from a group who will present arguments against the Chesterfield, MO. law restricting firearm use at the January 18th City Council meeting

    P.O. Box 300464 St. Louis, Missouri 63130 www.mofreedom.org (314) 604-6621
    Testimony on Proposed Bill No. 2868 – Restriction of Firearms
    “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.” – Mo. Const. Art. I, Sec. 23.
    Good evening. My name is Dave Roland and I am the director of litigation for the Freedom Center of Missouri, a non-profit, non-partisan organization dedicated to research and constitutional litigation in the areas of free speech, economic liberty, property rights, religious liberty, and limited government. I am speaking tonight to make the Chesterfield City Council aware of the constitutional problems inherent in Bill No. 2868.
    The bill under this council’s consideration would amend Chapter 21, Article VIII, of the city code to prohibit Chesterfield’s residents from discharging a firearm or projectile weapon within one hundred fifty (150) yards of a house, dwelling or apartment if the purpose of firing the weapon is to defend “crops or other property.” I have been informed that it is the opinion of the City’s prosecuting attorney, Tim Engelmeyer, that this bill would even prohibit a citizen from the discharging a weapon to defend their home.
    The City Council has no authority to pass such a bill. Article I, section 23, of the Missouri Constitution plainly states that citizens have a right to bear arms in defense of their homes and other property. The constitution’s language is in no way ambiguous and it does not permit any government official to distinguish between the types of property that citizens are entitled to defend. No legislative body in this state may lawfully deprive citizens of this right; any attempt to do so, such as Bill No. 2868, would plainly and unquestionably violate this constitutional provision.
    If the Council does pass Bill No. 2868, the Freedom Center of Missouri will likely file suit to have the ordinance invalidated. It is my hope that, given the Missouri Constitution’s absolute clarity on this subject, the Council members will recognize that passing such a bill would violate the oath that each public official must swear to support the constitution of this state and, therefore, would not be an acceptable course of action.
    Respectfully,

    Dave Roland
    Director of Litigation
    Freedom Center of Missouri

    The thing they are trying to pass is here as a download.
    Attachment 7725Attachment 7725
    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
    Campaign Veteran deepdiver's Avatar
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    Thanks for posting that! It will be interesting to read about what happens at the meeting.

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    Its just Paul Martin being stupid again.

    563 has provisions for forcible felonies. Crop distruction in MO can be easily a felony.

    Violations, penalties--civil actions, when.

    578.418. 1. Any person who violates section 578.416:

    (1) Shall be guilty of a misdemeanor for each such violation unless the loss or damage to the crop exceeds five hundred dollars in value;

    (2) Shall be guilty of a class D felony if the loss or damage to the crop exceeds five hundred dollars in value but does not exceed one thousand dollars in value;

    (3) Shall be guilty of a class C felony if the loss or damage to the crop exceeds one thousand dollars in value but does not exceed one hundred thousand dollars in value;

    (4) Shall be guilty of a class B felony if the loss or damage to the crop exceeds one hundred thousand dollars in value.

    2. Any person who has been damaged by a violation of section 578.416 may have a civil cause of action pursuant to section 537.353.

    3. Nothing in sections 578.414 to 578.420 shall preclude any owner or operator injured in his or her business or property by a violation of section 578.416 from seeking appropriate relief under any other provision of law or remedy including the issuance of an injunction against any person who violates section 578.416. The owner or operator of the business may petition the court to permanently enjoin such persons from violating sections 578.414 to 578.420 and the court shall provide such relief.
    John C. Eastman Associate Dean of Chapman University’s School of Law "the Second Amendment, like its sister amendments, does not confer a right but rather recognizes a natural right inherent in our humanity."

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    Regular Member mspgunner's Avatar
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    I like many of you do not live in Chesterfield, I will go to the City Council meeting, and I hope all of you who can "WILL" go to at least show your support to shoot this down! (Figure of speech)
    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

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    Quote Originally Posted by mspgunner View Post
    I like many of you do not live in Chesterfield, I will go to the City Council meeting, and I hope all of you who can "WILL" go to at least show your support to shoot this down! (Figure of speech)
    What is the date and time of the city council meeting? I thought I saw it posted somewhere that it is Jan 18th, but I can't find that thread again. I should be able to make it.

    Update: I just found the other thread. Looks like it is January 18th at 7:00PM.
    Last edited by Morpheus97; 01-08-2012 at 09:44 PM.

  6. #6
    Regular Member mspgunner's Avatar
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    Quote Originally Posted by Morpheus97 View Post
    What is the date and time of the city council meeting? I thought I saw it posted somewhere that it is Jan 18th, but I can't find that thread again. I should be able to make it.

    Update: I just found the other thread. Looks like it is January 18th at 7:00PM.
    Correct!
    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

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