Article1section23
Regular Member
imported post
Folks,
Here is the new preemption legislation. http://www.house.mo.gov/billtracking/bills101/biltxt/intro/HB2150I.htm
I will give a break down.
1. Legislature declares that the RKBA is a Fundamental right, something the courts are reluctant to declare. While stating enumerated rights deserve this heightened level of protection (strict scrutiny), there has been some members questions this in past MOSC decisions when talking about RKBA.
2. Takes away the right for any "political subdivision" of the state from taxing your RKBA.
3. Takes away the right to prohibit open carry, unless they follow state law.
4. Requires "political subdivision's" to incorporate justification of defense found in Chapter 563 in their ordinances.
5. And most importantly: #7. In addition to any other relief provided, the court shall award reasonable attorney fees, expenses, and court costs to any person, group, or entity that prevails in an action challenging:
1. An ordinance, resolution, or motion as being in conflict with this section; or
2. An administrative action taken in bad faith as being in conflict with this section.
Representative Scott Largent has carried this legislation again and it passed the house last year and was stopped in Senate committee, along with other pro-gun bills.
What people do not understand, is we are going to have court cases right after McDonald and we need this legislation passed - Before any other pro-gun bills. We are going to have precedent setting court cases very soon in MO and I hope peopleunderstand how important it is going to be to have this statue in effect.
Folks,
Here is the new preemption legislation. http://www.house.mo.gov/billtracking/bills101/biltxt/intro/HB2150I.htm
I will give a break down.
1. Legislature declares that the RKBA is a Fundamental right, something the courts are reluctant to declare. While stating enumerated rights deserve this heightened level of protection (strict scrutiny), there has been some members questions this in past MOSC decisions when talking about RKBA.
2. Takes away the right for any "political subdivision" of the state from taxing your RKBA.
3. Takes away the right to prohibit open carry, unless they follow state law.
4. Requires "political subdivision's" to incorporate justification of defense found in Chapter 563 in their ordinances.
5. And most importantly: #7. In addition to any other relief provided, the court shall award reasonable attorney fees, expenses, and court costs to any person, group, or entity that prevails in an action challenging:
1. An ordinance, resolution, or motion as being in conflict with this section; or
2. An administrative action taken in bad faith as being in conflict with this section.
Representative Scott Largent has carried this legislation again and it passed the house last year and was stopped in Senate committee, along with other pro-gun bills.
What people do not understand, is we are going to have court cases right after McDonald and we need this legislation passed - Before any other pro-gun bills. We are going to have precedent setting court cases very soon in MO and I hope peopleunderstand how important it is going to be to have this statue in effect.