Missouri Bill Would Make Gun Access as Difficult as Abortion Access

The pre-filing period has opened for the Missouri Legislature. One bill, proposed by Rep. Stacey Newman (D-St. Louis), would make access to guns for Missourians as abortions. Missouri has had one of the most restrictive laws on abortion access in the country, upheld by a much less conservative US Supreme Court than this one. Ms. Newman is challenging what she sees as the hypocrisy of state politicians in protecting preborn fetuses while ignoring the problem of gun violence. The San Bernardino shootings, the biggest in US history since the Sandy Hook shootings, have reignited the gun debate in this country.

As reported by St. Louis Magazine, the bill would require a 72 hour waiting period before purchasing a gun, meeting with a licensed physician to discuss the risks of gun ownership, obtain written approval from a physician, buy the gun from a licensed gun dealer 120 miles from the person's home, review the medical risks of gun ownership with the gun dealer including pictures of dead victims of gun violence and alternatives to conflict resolution, watch a 30-minute video about gun violence, tour an emergency trauma center between the hours of 10 pm and 6 am and obtain written verification from a doctor, and meet with at least two families who have been victimized by gun violence as well as at least two pastors who have officiated at a funeral of someone who was a victim of gun violence.

Jezebel, a website covering women's issues, also notes that prospective gun owners would be evaluated for potential problems; quoting the bill:

Such physician shall then evaluate the prospective firearm purchaser for such indicators and contraindicators and risk factors and determine if such firearm purchase would increase such purchaser’s risk of experiencing an adverse physical, emotional, or other health reaction.

Ms. Newman, as quoted in St. Louis, says:

“If we truly insist that Missouri cares about ‘all life’, then we must take immediate steps to address our major cities rising rates of gun violence,” Newman said. “Popular proposals among voters, including universal background checks and restricting weapons from abuser and convicted felons, are consistently ignored each session. Since restrictive policies regarding a constitutionally protected medical procedure are the GOP’s legislative priority each year, it makes sense that their same restrictions apply to those who may commit gun violence. Our city mayors and law enforcement drastically need help in saving lives.”

The bill will likely go nowhere in the Missouri Legislature, which increased its veto-proof Republican majority in the 2014 election after bucking national trends and securing a veto-proof majority in the 2012 election. The bill will, however, fuel pro-gun rights advocates who feel that gun control advocates are simply trying to find ways to confiscate guns from law-abiding citizens. Several Republican Presidential candidates have argued that an armed citizen would have stopped the San Bernardino shootings and saved lives. However, one armed citizen at a recent mass shooting on a college campus in Oregon stated that he did not use his weapon for fear that police would mistake him for the shooter and add to the confusion and chaos.

One approach, proposed by GOP Presidential Candidate John Kasich, would prohibit access to guns for people who are on terror watch lists, which are used to prohibit certain people from flying. However, those lists have come under fire because they have snagged law-abiding civilians in the process; it is exceedingly difficult for someone to get off the list once they are placed on one.

Other gun rights advocates have argued along the lines of those who advocated for the repeal of prohibition. Their argument is that if law-abiding citizens were denied access to guns, only the criminals would have access to guns. Similarly, The Nation, which had long advocated for Prohibition before 1932, abruptly reversed course and advocated for its repeal. They argued that it would give people much more disposable income that would no longer go to the beer and liquor industry. But they said that they found that the government, after some initial successes which contributed to the prosperity of the 1920's, was increasingly uninterested in enforcing such a ban and that violations were becoming increasingly more common, meaning that the only people who were benefitting were the criminal enterprises. California has one of the most restrictive gun laws in the nation, yet it did not prevent the San Bernardino shooters from obtaining their guns and ammunition, some of which was purchased through a friend. The success of any gun control measure passed by either the states or municipalities will depend on the willingness of authorities to enforce such measures.

The bill was one of 434 measures proposed on December 1st, the first day that legislators can pre-file legislation according to stats from Missouri Digital News. Most bills do not become law; many are combined with other bills and others are not proposed with any hope of passage, but to fuel debate. Ms. Newman's bill falls in the latter category.

Missouri House Passes Guernsey Bill, Three Others Combating Outside Encroachment

The Missouri House passed four bills combating what they see as outside encroachment, including one written and passed by State Representative Casey Guernsey of Bethany. Jerry Drake sent a letter to local legislators Guernsey, Mike Thomson, and Senator Brad Lager asking if they had voted for three bills that were attacked by the St. Louis Post-Dispatch Editorial Board. They were House Bill 436, Senate Bill 267, and Senate Bill 265. Drake's letter reads as follows:

Gentlemen:
Enclosed is an editorial from the St. Louis Post-Dispatch dated May 10, 2013. I am a member of the Sheridan Express newspaper cooperative and intend to submit it to the editor of the newspaper with the suggestion that it be published in the edition of May 22, 2013. He will be interested in knowing if you voted for any of the three bills cited in the article (HB 436, SB 267, SB 265). 

Yours Truly,
Jerry Drake.

As of Monday, May 20th, Casey Guernsey wrote back a handwritten note as follows:
Yes, I voted for all three and will do so every time. In addition, I sponsored, wrote, introduced, and passed HB 170. I'll stand by the Constitution every day.

Guernsey attached a copy of a summary of HB 170.

Information about the following three bills was taken from the House and Senate websites.

House Bill 436 is known as the Second Amendment Preservation Act. It rejects all federal acts which infringe on Missouri citizens' rights under the Second Amendment of the Constitution.

Senate Bill 265 prohibits the state and any political subdivision from implementing any policy recommendations that infringe on private property rights without due process and are traceable to Agenda 21 adopted in 1992 by the United Nations or any other international law or ancillary plan of action that contravenes the federal or state constitutions. In addition, this act prohibits the state and any political subdivision from entering into an agreement with, expending any money for, receiving funds from, contracting services from, or giving financial aid to any organization accredited and enlisted by the United Nations to assist in the implementation of Agenda 21.

Agenda 21 is a voluntary UN action plan relating to combating poverty, conservation and management of resources for development, and strengthening the role of children, youth, women, indigenous peoples, and farmers. The US is a signatory; the action plan has been in existence since 1992. But since it is a voluntary action plan and not a treaty, the US Senate never voted on ratification and it is not legally binding.

Senate Bill 267 is the Civil Liberties Defense Act. It mandates that any court, arbitration, tribunal, or administrative agency ruling is unenforceable if based on a foreign law which is repugnant or inconsistent with the Missouri or US Constitution. It makes contract provisions that choose to apply a foreign law to contractual disputes void and unenforceable in Missouri if it is repugnant or inconsistent with the Missouri or US Constitutions.

House Bill 170 by Guernsey, according to the summary sheet provided by Guernsey, relates to firearms laws and enforcement. It changes the age that a person can be issued a concealed carry endorsement from 21 years to 19 years. It also specifies that it shall be unlawful for any officer or employee of the state, any political subdivision, or any licensed federal firearms dealer to enforce or attempt to enforce any federal act, law, statute, rule, or regulation relating to a personal firearm, firearm accessory, or ammunition that is owned or manufactured commercially or privately in the state that remains exclusively within the boundaries of the state. It makes it a felony for any federal official, agent, or employee to attempt to enforce any federal act, order, law, statute, rule, or regulation created on or effective on or after January 1, 2013. It also declares any federal law, rule or regulation created on or effective on after January 1, 2013 unenforceable if it attempts to ban or restrict ownership of a semi-automatic firearm or any magazine of a firearm accessory or requires any such item to be registered in any manner.

The St. Louis Post-Dispatch editorial board said in the headline of their May 10th editorial that the House had won the "triple crown" of "right-wing porn;" below it, they ran a picture of Republican legislator Brian Nieves (R-Washington) brandishing a gun. The Post-Dispatch argued that House Bill 436 would be ruled unconstitutional on multiple grounds and would seek to nullify even the 1938 Federal Firearms Act, which makes it illegal for criminals to transport weapons across state lines. The Dispatch editorial said that Senate Bill 267, while never specifically mentioning it, notes that it was directed against the possible application of Sharia law.

The Post-Dispatch accused the House of focusing on stuff like Agenda 21 which does not have the power of law in the US while ignoring stuff like education reform. "But speaker Tim Jones didn't bother to start the education discussion until after taking meaningless votes on fantasy bills that will never have any effect on a single job or constitutional right for any Missourian, ever," said the editorial.

The laws in question are aimed at curbing what Missouri legislators see as increasing federal and foreign encroachment on Missouri sovereignty. Nullification as a political weapon died out following the Civil War. However, state legislatures have revived it as a weapon to combat what they see as excessive federal and foreign encroachment on state sovereignty. A bill similar to the one passed by Guernsey passed the state of Kansas as well. It is now the target of a major court battle between the Justice Department and the State of Kansas.

A Moment with Mike -- Gun Control, taxes on agenda

      This week in the state Capitol was marked by a lot of discussion, and a lot of calls and emails, in regard to controversial gun control legislation filed in the Missouri House.  The bill in question (HB545), filed by a couple of members from St. Louis, was meant to make it a felony to possess an assault weapon or a large capacity magazine.  The bill would give Missourians 90 days to turn over their guns or face felony charges.

      The most important thing to understand about this bill is that it has no chance of becoming law.  The Missouri House has an overwhelming majority of members from both parties who believe in defending the Second Amendment rights of their constituents.  The bill was really meant to generate media attention, which it has certainly done, but it is only supported by a small minority of House members.  You can rest assured that your state legislature will do all it can to protect your right to keep and bear arms, and we will stand against legislation like HB 545, or any other, that would infringe upon your Constitutional rights.

      A bill that was passed in the House and sent to the Senate last week would allow Missourians who have a delinquent tax bill, the opportunity to pay off their debt without additional interest or penalties.  The legislation would create a tax amnesty period to pay their back debt with the stipulation that they would comply with state tax rules for the next eight years.  If they failed to do so, they would be charged the full interest and penalties that were waived.

      This is a proposal the House has approved several times in recent years but it has not made it across the finish line.  The last time the state did something similar was a decade ago when an amnesty period generated an additional $74 million in tax revenue one year and another $42 million the next year.  With the amnesty period we are considering this year, we anticipate a much needed boost of about $70 million to our state budget.  The Senate will pick up the debate on this soon.

      In other action the House Committee on Agriculture Policy approved some legislation that I am sponsoring this year to help develop a comprehensive long-range strategic plan for career and technical education in Missouri.  The bill would create a special advisory council to oversee Missouri’s career and technical education programs and the student organizations like FFA, FBLA, DECA and others.

      The council would be made up of educators, administrators and members of the business community who have a vested interest in the success of CTE programs.  They would work together to develop both a short and long-range statewide plan for career and technical education and make recommendations to the Department of Elementary and Secondary Education on how to make our CTE programs a  vital part of our educational system.

      Our CTE programs have an enormous impact on many young people in our state and nowhere more than here in Northwest Missouri.  More than 63% of the state’s high school students participated in at least one CTE program for the 2011 – 2012 school year.  The practical training and leadership skills that are taught in these programs are vital to those that are going out into an ever-changing workforce.  I will keep you apprised as this bill moves through the process.

     If you have questions, you may reach me at my Capitol number 573-751-9465, at the local district number, 660-582-4014, by email at mike.thomson@house.mo.gov or by mail at Room 401B State Capitol Building, Jefferson City, MO 65101.

Jack Remembers -- Sensible Gun Ownership

Every time I turn on the news I hear “gun control”. I decided to check my guns and asked my wife Laura what happened to my Bolt action .22 I bought when I was eleven years old for $12.00. She answered, “Your son John came and got it years ago to add to his gun collection.” I asked if my mom’s old single shot 410 shotgun with no shells was the only gun we owned, and she said, “Yes, and that’s the way I like it”.
When I went through advanced infantry training, we were required to shoot and be proficient with every light weapon the Army had, including mortars, carbines, anti-tank bazookas, pistols, and .30 and .60 caliber machine guns. One of my favorites was the not-so-accurate grease gun that could shoot 500 .45 caliber bullets a minute. After basic training we were then issued a .30 caliber M-1rifle we carried everywhere we went for the rest of our time in the service.
I suddenly realized I may not have shot a gun since I got out of the service 60 years ago. I decided to take a poll of my Army buddies to see if they owned guns. I called Bob Lundy in Burden, Kansas, who was our .60 caliber mortar man. He said he has never owned a gun since he got out of the Army. I called Dick Stephenson who used to run a tire shop and filling station in Albany, MO and reads my article in the Sheridan News. He said he did not own a gun now, but owned guns when he used to go duck hunting. He retired, had a sale, and sold them. My best friend Gary Reagin from Oak Grove who wound up in Houston, Texas, told me years ago he had never owned a gun. Ralph Chrisler, Gorham, Kansas, said he owned a single shot .22 rifle, a single shot .12 gauge shot gun, and when he was younger liked to squirrel hunt. He most recently bought and registered a .22 pistol for target shooting.
If President Obama wants sensible gun ownership, my suggestion is he should draft everyone when they turn 18 into the Infantry and make them carry a gun for two years.
Jack can be reached at PO Box 40, Oak Grove, MO 64075 or jackremembers@aol.com. Visit www.jackremembers.com

Senator proposes gun safety programs for educators and students

The first sponsor of a gun safety measure in the 2013 Missouri legislative session said the public is being confused about what he is intending to do.
One day before the Connecticut shooting on Dec. 14, Sen. Dan Brown, R-Rolla, filed a measure intended to create gun safety education programs for school faculty members and students.
The proposal is twofold, creating the Active Shooter and Intruder Response Training for Schools Program for educators and using the National Rifle Association's Eddie Eagle GunSafe Program for first grade students. 
The bill would place the training program in all Missouri public and charter schools. The goal of the program is to enable school employees to respond to dangerous situations such as an armed intruder and requires eight hours of initial training as well as four hours of continuing training. School faculty would also be required to participate in annual intruder response drills.
Rep. Stacey Newman, D-St. Louis, doubts that any person could prevent fatalities when confronted by a shooter.
"If someone comes in my door right here with a semiautomatic weapon that can fire many rounds a minute, there's nothing I can do. There's nothing we can do," Newman said.
Brown said the term "gun safety" has caused confusion, leaving some worried that students would be taught how to handle a gun. 
"I want to stress that this bill has nothing to do with teaching kids how to shoot or gun safety. It's a gun safe program," Brown said.
Brown said the difference between these terms is nuanced but essential. Students would be taught who to tell should they come across a firearm, rather than how to handle it.
Brown said that schools bear a responsibility for their students' safety, and that the bill is a necessary step. In addition to the training program, the bill would also force schools to teach the NRA's Eddie Eagle GunSafe Program to first grade students. The program employs an animated video reminiscent of a childrens television show. It's tagline: "If you see a gun, STOP! Don't touch. Leave the area. Tell an adult."
"We teach citizenship, we teach social skills. I think we need to teach children what to do if they see a firearm," Brown said.
Brown cited his five grandchildren who attend public schools, as well as two family members that teach at public schools, as one of the reasons why he felt the bill was necessary. However, Newman questioned his motives due to his ties with the NRA.
"It's to increase gun sales," Newman said. "If you're going to teach...young people in grade schools about firearms, you're encouraging them to use them, to have their parents purchase them."
Newman, who has been involved with the White House gun control initiative and recently hosted a forum with medical and law enforcement professionals, believes that Brown's measure will do little if anything to curb gun violence and accidents. Newman said experts at the forum said that in order to keep children safe from guns, they have to be taken out of the house.
"We've had law enforcement who have children who have found their weapons in their home, and of course training is all there. Training doesn't do a whole lot when your child's been shot," Newman said. "The advice of the professionals...(is) that weapon in your home is going to increase your chances of fatality."
Brown's bill is not the only one that has something to add to the nation's conversation on guns. Some House and Senate Republicans have sponsored measures that would nullify proposed federal gun regulations by making it a crime to enforce them.  A bill in the House would also exempt firearms that are made and remain in Missouri from these same regulations. Other bills, sponsored mostly by Democrats, would enforce gun safety measures, such as making it a crime to fail to lock up a firearm that is not in use.

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A Moment with Mike for April 8th, 2009

State Representative Mike Thomson
This week we saw the introduction of House Bill 668 which expands the Castle Doctrine. The Castle Doctrine, passed last year, justifies the use of deadly force if someone unlawfully enters your home and you feel threatened. HB 668 expands the Castle Doctrine by including laws that protect your property – not just your home. The bill extends deadly force rights to land owners/leasers and eliminates the requirement to retreat from your property, which is beneficial for several reasons. It covers the base on something as simple as standing at your mailbox and being attacked by an intruder as well as cases such as cattle rustling or someone attempting to steal a piece of farm equipment. This would enable you to react confidently to protect yourself and others around you.
Additionally, HB 668 lowers the minimum age requirement for obtaining a concealed carry endorsement from 23 years of age to 21. At the age of 21, Missouri citizens have reached adulthood and been granted full rights. We expect citizens of this age to be responsible enough to own a gun and use it for protection if needed. Changing the age requirement will legally allow them to defend themselves should the occasion arise.
This legislation has been filed, passed out of committee and is expected to make its way to the floor for debate.
Two bills that passed through the House of Representatives this week were HB 381 and HB 681. House Bill 381 is designed to ensure a fair system for determining fee office contracts. Through this legislation we take a common sense approach to awarding the contracts. The bill gives priority to non-profit organizations, then to municipalities, counties, and fire protection districts, rather than to individuals who have been known to turn and donate these funds into political campaigns. Simply put, it will require our Department of Revenue to award fee office contracts that focus on Missouri’s best interest.
Finally, House Bill 681 improves Missouri law in regards to when an elected executive branch office (Lieutenant Governor, Attorney General, Secretary of State, State Auditor, State Treasurer) becomes vacant. The intent of HB 681 is to restore power to the public when choosing a replacement. It temporarily allows the Governor to administer the duties of the office but a special election would be scheduled to fill the vacancy. HB 681 is similar to the 24th Amendment to the U.S. Constitution. State legislatures originally had the power to select Senators to represent their state in Washington D.C. The 24th Amendment took that power from the legislators and gave the power to the people, where the power really belongs.
HB 681 is expanding voting rights for all Missourians. We feel that our citizens should vote for a replacement, especially since it is our initial right to begin with. The process of choosing an individual to state office should not be in the hands of just one person. It is time to bring that power back to you, the people.

Show-Me State of Mind for July 2nd, 2008

Americans Retain Right to Bear Arms
Growing up in St. Joseph my father and his friends loved to fish and hunt. It never crossed their minds that citizens did not have the right to own a rifle or a shotgun. They believed the Second Amendment protected this right, just as the rest of the Ten Amendments protect rights like free speech.
Therefore, I agree with the Supreme Court's interpretation last week that an absolute prohibition against gun ownership violates the Second Amendment right for citizens to bear arms. Most legal observers believe the Court did allow for reasonable safety precautions.
To combat crimes committed by those with guns, we need to maintain our support of law enforcement. Congress has not kept its promise to adequately fund our local law enforcement agencies. Congressman Sam Graves is part of this problem. In 2005 for example, Graves voted against increasing funding for state and local law enforcement programs, including COPS, by $200 million. Law enforcement grants were cut by $400 million from the previous year and that year's level was $226 million below the year before. This isn't how to keep our communities safe.
Now that the highest court in our country has affirmed the right of law abiding citizens to own arms, we must turn our full attention to cracking down on criminals who illegally possess guns. In Kansas City I worked with the U.S. Attorney and the Justice Department to arrest and prosecute convicted criminals who after serving their sentence again sought guns to use in illegal conduct. Within a matter of a few years, federal prosecutors working closely with local law enforcement agencies identified and charged 1,000 felons with federal firearm violations.
The Supreme Court has settled the issue of gun ownership and the right of citizens to use guns in a responsible manner. Whether that use is to hunt or to protect one's family in their homes, we now know that they can do so with the full protection of the law.
Kay Barnes is a candidate for U.S. representative for Missouri's 6th Congressional District

A Moment with Mike for July 2nd, 2008

As I travel around the District this time of year, enjoying the barbeques, parades, picnics, fireworks and patriotic displays, I wonder how many actually stop and consider the price of Liberty and honor those who, as John Adams put it, "…have earned and bought it for us, at the expense of their ease, their estates, their pleasures, and their blood."
This week is a fitting time to honor those farmers, mechanics, and townspeople who, on April 19, 1775 stood toe to toe with the greatest military power of their day on the Lexington Green and the Old North Bridge at Concord where in the early morning hours the opening volley of American Independence was fired. The shot heard round the world, the first shot in our fight for independence from King George's slavery, was fired to protect and defend the natural right of men to protect themselves, to keep and bear arms for the purpose of preserving liberty. This right to keep and bear arms was codified on the 15th of December 1791 when it became the Second Amendment to the Constitution of the United States of America. Ironically, this right was solidified again last week by a very important Supreme Court decision to uphold our second amendment rights.
It is unknown who fired the first shot and I’m not sure that it really matters. What matters is that freemen had the courage to stand for Liberty knowing full well the probable scene that would unfold when the smoke cleared and several would lay dead and wounded. It was Captain John Parker who instructed his Minutemen, "Stand your ground; don’t fire unless fired upon, but if they mean to have a war, let it begin here." These words have inspired many in the past two hundred years and brings to mind the courage, bravery and patriotism that so many have shown.
Our bold American spirit continues today and the resolve of our people is continually illustrated, whether defending our country or working together to help our neighbors as we have seen this year as we endured snow, ice, flooding and tornadoes in Northwest Missouri.
As we celebrate our independence and enjoy the freedoms and opportunities that we have, we should stop and say a prayer for our defenders and soldiers in uniform around the globe standing in harm’s way and for their families – never forgetting the families of those fallen soldiers, sailors, airmen, marines and coast guardsmen, who have died in defense of Liberty. They do this so that we may echo daily the words of Samuel Adams as he spoke to John Hancock on the morning of April 19, 1775, "What a glorious morning this is!"
If you have questions, you may reach me at my Capitol number 573-751-9465, at the local district number, 660-582-4014, by email at mike.thomson@house.mo.gov or by mail at Room 406A State Capitol Building, Jefferson City, MO 65101.

Kay Barnes' Statement on DC Gun Ban

Kay Barnes released the following statement on the Supreme Court overturning the DC Gun ban:
"I agree with the Supreme Court's interpretation that an absolute prohibition against gun ownership violates the Second Amendment right for citizens to bear arms. I will continue to support laws that take guns out of the hands of criminals."
In striking down the District of Columbia's handgun ban, the Supreme Court ruled Thursday that the Constitution protects an individual's right to own a gun, the justices' first major pronouncement on gun control in U.S. history. The decision upheld a federal appeals court ruling that DC's gun law, one of the strictest in the country, went beyond Constitutional limits. Not only did the 1976 law make it practically impossible for an individual to legally possess a handgun in the District, but it spelled out rules for the storage of rifles and shotguns.

Capitol Report for June 25th, 2008

Protecting Our 2nd Amendment Rights
As we approach the 232nd anniversary of the signing of the Declaration of Independence, I am reminded of the importance of our Constitution and the freedoms and rights provided to us under this document. One of the most treasured rights that we hold in America is the right to bear arms. Although this right has continually come under attack from gun-control advocates, millions of Americans continue to fight to ensure our right to bear arms to protect ourselves, our families, and our property.
In the coming weeks, the United States Supreme Court will make a ruling on a landmark case that could provide further definition of our 2nd Amendment Rights. This case challenges the Washington, D.C. ban on guns, which is one of the strictest gun-control laws in the country. While many analysts expect the ruling by the court to be narrow in scope, the debate and discussion around this case should remind all Americans of the never ending attacks on our Constitution and the fundamental freedoms provided to us by our founding fathers.
Like most Missourians, I believe strongly in our right to keep and bear arms. Gun-control will not prevent criminals from getting guns, rather it will empower the evils of the world to attack a defenseless law abiding public. Last year, the legislature affirmed the right of individuals to protect themselves and their homes with the passage of the Castle Doctrine. This year the legislature passed HB 2034, which offers greater legal protections for operators of firing ranges and hunting preserves, a frequent target of gun control advocates.
Our founding fathers were very deliberate in selecting the freedoms they defined under the Bill of Rights. As the 2nd Amendment to our Constitution, only following the freedom of speech, I believe it is clear that our founding fathers envisioned a society and a country where we could and would legally bear arms to protect ourselves from those that would do us harm. Like millions of Missourians, I am proud to be a gun owner and I will continue the fight to protect and affirm the rights provided to us under our Constitution.
As always, please feel free to call, email, or write with your ideas or concerns. The Capitol number is (573) 751-1415, my email is brad.lager@senate.mo.gov and my mailing address is Room 429, State Capitol Building, Jefferson City, MO 65101.