SB 325 Declares the General Assembly's position on the authority of the federal government, declares as invalid certain federal gun laws, and prohibits the enforcement of such laws
Sponsor: Nieves
LR Number: 1666S.01I Fiscal Note available
Committee: General Laws
Last Action: 5/17/2013 - S Informal Calendar S Bills for Perfection--SB 325-Nieves Journal Page:
Title: Calendar Position:
Effective Date: August 28, 2013

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Current Bill Summary


SB 325 - This act lists various declarations of the Missouri General Assembly regarding the United States Constitution and the scope of the federal government's authority. In addition, this act declares that federal supremacy does not apply to federal laws that restrict or prohibit the manufacture, ownership, and use of firearms, firearm accessories, or ammunition within the state because such laws exceed the scope of the federal government's authority. Laws necessary for the regulation of the land and the United States Armed Forces are excluded from the types of federal firearms laws that exceed federal authority.

This act declares as invalid all federal laws that infringe on the right to bear arms under the Second Amendment to the U.S. Constitution and Article I, Section 23 of the Missouri Constitution. Some laws declared invalid under this act include the Gun Control Acts of 1934 and 1968, certain taxes, certain registration and tracking laws, certain prohibitions on the possession, ownership, use, or transfer of a specific type of firearm, and confiscation orders.

This act declares that it is the duty of the courts and law enforcement agencies to protect the rights of law-abiding citizens to keep and bear arms.

Under this act, no public officer or state employee has the authority to enforce firearms laws declared invalid by the act. Any federal official, agent or employee who enforces any of the laws declared invalid under the act is guilty of a Class A misdemeanor.

Any Missourian who has been subject to an enforcement action involving any of the laws declared invalid by this act has a private cause of action for declaratory judgment and damages against any person or entity attempting to enforce the law.

This act is similar to a provision of SCS/HCS/HB 436 (2013).

MEGHAN LUECKE