10 months, 3 weeks ago Bryan Nichols
The Missouri state senator has filed a bill to make any new federal law or executive order banning the possession of a semiautomatic firearm unenforceable
President Barack Obama said Wednesday that he would be pursuing more stringent gun control measures in the wake of the Sandy Hook school shooting.
Missouri State Senator Brian Munzlinger says not so fast.
Munzlinger filed a bill Wednesday afternoon that would make any federal law or executive order banning the possession of a semiautomatic firearm that is more restrictive than laws in place on Dec. 31, 2012, unenforceable.
“My proposed legislation seeks to keep far-reaching regulations from violating the constitutional rights of all Missourians. Today's extreme grab of power was created under executive order and not heard publicly. We cannot let the total disregard for our constitutional rights continue," Sen. Munzlinger said. "Today the president used his power of Executive Order to erode the rights of everyone guaranteed under the Second Amendment, rather than do the hard work of passing legislation through the Congress, elected by each of you."
It would also make it a crime for an officer, government agent or employee from enforcing a law or order declared unenforceable.
“While I do not dismiss the seriousness of the mass shootings that have taken place in our country, I also do not believe a total ban of firearms will keep this type of gun out of the hands of criminals,” Sen. Munzlinger said. "If we don't protect our Second Amendment, how do we protect the other Amendments if they should come under attack? Our constitutional amendments give us specific freedoms and that is what makes our country unique and great."
Munzlinger said he was planning to file the bill regardless of today's announcement from the President.
"I would have filed the bill sooner, it just took us awhile to get it drafted."
He said that his bill isn't unprecedented. Wyoming has passed a similar measure and the Missouri House has similar legislation drafted as well.
"I had several co-sponsors in the Senate which is unheard of. We rarely get co-sponsors on bills in the Senate," Munzlinger said.
Munzlinger said he expects court challenges but thought the tenth amendment did give state's some leverage to protect their 2nd amendment freedoms. He said he also "expects court challenges to every one of the President's executive orders as well."
"When you look at it, this is an errosion of our constitutional freedoms here in the United States, what the President has done here today. And if you look at other countries, the first thing that leads down the path away from other freedoms is registration and confiscation of other firearms."
Munzlinger acknowleged that President Obama's executive orders didn't necessarily do all of of those things, however, he filed the bill to protect Missourians 2nd amendment rights regardless.
"You know, the interpretation of the Constitution might be a little bit different than what it is in Washington, D.C."