President Biden and Democratic Congressional Leaders would welcome the opportunity to Approve Safeguards to prevent Gun Violence, but despite Public Attitudes on the subject, Republicans refuse to consider any New Laws on the subject.
This Political Dynamic has been the norm for many years, and it's unlikely to change anytime soon.
But there's a different kind of Dispute unfolding in several Republican-led States, Laws designed to "discourage or prohibit the enforcement of federal gun statutes." One State, in particular, Missouri, has become the latest State to throw down a broad Challenge to the Enforcement of Federal Firearms Laws, as Republican-controlled State Legislatures intensify their fierce Political Counterattack against President Biden's Gun Control Proposals.
A Bill signed by Gov. Mike Parson (R), at a Gun Store called Frontier Justice, threatens a Penalty of $50,000 against any Local Police Agency that Enforces certain Federal Gun Laws and Regulations that Constitute "infringements" of Second Amendment Gun Rights. In other words, under Missouri's New Policy, if Local Police Departments Enforce a Federal Gun Law that Missouri Republicans don't like, those Police Departments could face the Fines.
But
States can't do that, then you agree with the Justice Department (DOJ), which sent a Reminder to Officials in the Show Me State. The DOJ is warning Missouri Officials that the State can't ignore Federal Law, after the Governor signed the Bill.
In the Letter, Justice Officials said the U.S. Constitution's Supremacy Clause Outweighs the Measure that Gov. Parson Signed into Law. Acting Assistant Attorney General, Brian Boynton, reminded Missouri Officials that their New Measure "conflicts with federal firearms laws and regulation" and Federal Law would Supersede the State's New Statute. Boynton asked Parson and State Attorney General, Eric Schmitt (R) to "clarify the law and how it would work" in a Response the DOJ wants to see immedialtely.
In practical terms, the New State Law is largely Meaningless. As GOP Proponents of the Policy in Missouri Concede, there are few real differences, at least right now, between State and Federal Gun Laws. What Missouri Republicans are apparently concerned about is Federal Policies that may exist in the Future, and their eagerness to Ignore them.
It's worth appreciating the Significance of the underlying Argument. The effort is generally known as "Nullification", the idea that States can simply Nullify National Laws that States Don't like and Don't want to follow.
For many years, the idea was Espoused by Opponents of Federal Anti-Slavery Laws and Civil Rights Statutes. Indeed, there was a rather Spirited Debate in the mid-19th Century over whether States could Choose to Ignore Federal Laws, and the Dispute was resolved by the U.S. Civil War. Nullification advocates Lost.
Nevertheless, this still comes up from time to time. Clearly, Federal Gun Laws are a Major part of the Push, but Republicans have also raised the specter of Nullification on Issues such as Marriage Equality and the Affordable Care Act (ACA).
Before her Election to the U.S. Senate, Iowa's Joni Ernst (R) delivered Remarks suggesting she believed States can Nullify Federal Laws. "You know we have talked about this at the state legislature before, nullification," she said in 2013. "But, bottom line is, as U.S. Senator why should we be passing laws that the states are considering nullifying? Bottom line: our legislators at the federal level should not be passing those laws.... So, bottom line, no, we should not be passing laws as federal legislators -- as senators or congressman -- that the states would even consider nullifying. Bottom line."
State Democrats have argued the Law is Unconstitutional and will likely get Overturned if Challenged in Court.
Similar Bills were introduced in more than a Dozen States this year, including: Alabama, Arkansas, Iowa, Nebraska, New Hampshire, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, West Virginia, and Wyoming.
In Texas, the Governor has called for the State to become a so-called Second Amendment Sanctuary.
Several States Passed similar Laws under then-President Barack Obama, though Judges have Ruled against them.
Prosecutors in Missouri’s Attorney General’s Office have Withdrawn from nearly Two Dozen Federal Drug, Gun, and Carjacking Cases in St. Louis. They had been working with Federal Counterparts as part of the Safer Streets initiative that Schmitt touted in 2019.
Schmitt Spokesman, Chris Nuelle, said in a Statement that the Attorney General’s Office has been Replacing Prosecutors “as is the natural course in the Safer Streets Initiative.” “We have been and continue to be committed to fighting violent crime, and we’re also committed to protecting law abiding citizens’ Second Amendment rights,” Nuelle said.
UPDATE
Missouri’s Governor and Attorney General said in a Defiant Letter to the DOJ that they Stand-By the State’s New Law and still plan to Enforce the New Law. Schmitt and Parson wrote that they will “fight tooth and nail” to Defend the Right to own Guns as spelled out in the State Constitution and the New Law. “We will not tolerate any attempts by the federal government to deprive Missourians of this critical civil right,” they wrote.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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