Given my job and RF’s new home base in Austin, I have reason to travel to Texas from time to time. You know, Texas – that nirvana of gun rights where every cow poke totes a six shooter and guns are ingrained in the culture like nowhere else? Yeah, well that’s mostly a load of horse hockey. Texas’s gun laws have a long way to go before they approach the freedoms firearms owners in a lot of other states enjoy. Places like…Missouri, for instance. Yes, the gun laws in my home state make Texas looks like, well, Maryland by comparison . . .
Well almost. It’s not constitutional carry, but Missouri has concealed carry almost everywhere and a statewide preemption law that covers everything except open carry (and that may change soon, too.) None of those ludicrous 30.06 or 51% signs that can turn almost any business into an instant felony zone. Still, that doesn’t mean we don’t have our share of politicians up here who’d love to be able to treat the Bill of Rights like a cafeteria line.
Take, for instance, state representative Joshua Peters. He’s a St. Louis Democrat (it’s a one-party town) who represents Missouri’s 76th district on the city’s north side. For those of you who are unfamiliar with the area, that’s one of the most dangerous, crime-ridden districts in the state. And the reason for all of those crimes? Guns, of course! At least, that how Rep. Peters sees it.
But don’t worry northsiders, because Rep. Peters has a plan. Along with four other state reps who are apparently similarly ignorant of current Second Amendment jurisprudence, Peters has introduced HB2129 for the General Assembly’s consideration. How will the bill curb the north side’s age-old crime problem? Simple:
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 571, RSMo, is amended by adding thereto one new section, to be known as section 571.520, to read as follows:
571.520. 1. This section shall be known and may be cited as the “Protecting the Second Amendment Act”.
2. No person residing in a city not within a county shall own, possess, manufacture, transport, repair, or sell:
(1) A shotgun;
(2) A short-barreled or sawed-off rifle;
(3) An automatic handgun; or
(4) A flamethrower. For purposes of this section, the term “flamethrower” shall mean a mechanical incendiary device designed to project a long controllable stream of fire.3. The metropolitan police department of a city not within a county shall develop and institute a surrender process whereby the firearms prohibited in subsection 2 of this section may be surrendered to the metropolitan police department. The metropolitan police department of a city not within a county shall relinquish all firearms surrendered under this subsection to the Federal Bureau of Investigation.
4. Any person violating the provisions of subsection 2 of this section shall be guilty of a class A felony.
That’s the entire text of the bill. For those of you from normal jurisdictions, because of a quirk dating back to the Civil War, St. Louis is the only city in the state that’s not part of a county. Therefore, HB2129 would only apply there.
Boiled down to its unconstitutional essence then, Peters and his pals would outlaw shotguns, SBRs and all those automatic handguns (not to mention flamethrowers) in the city of St. Louis. But wait…here’s the best part: they’ve gone full-Orwell and are calling their little opus the Protecting the Second Amendment Act. Double-plus good, no?
No, actually. The bill is DOA for a number of reasons. Set aside for now all of the Heller considerations (i.e. weapons in common use for lawful purposes). We can pour SCOTUS-drafted cold water all over Peters’ Protecting the Second Amendment Act, making angels-on-the-head-of-a-pin arguments about out how commonly shotguns are used for home defense ’til the cows come home. But we won’t really have to, and here’s why.
The state of Missouri has a very robust exemption statute already in place. Here’s the relevant part:
No county, city, town, village, municipality, or other political subdivision of this state shall adopt any order, ordinance or regulation concerning in any way the sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permit, registration, taxation other than sales and compensating use taxes or other controls on firearms, components, ammunition, and supplies except as provided in subsection 3 of this section.
That should give you an idea of the state’s attitude toward the right to keep and bear arms. So while a law like the Protecting the Second Amendment act could theoretically be enacted at the state level, it won’t be. Missouri’s legislature is controlled by strong pro-gun majorities in both houses. So why bother with something as futile as HB2129?
I called the Representative’s office last week and spoke to his legislative assistant, Philip Hogan. There seems to be some kind of communication break-down in Rep. Peters’ office, though, because Mr. Hogan told me he hadn’t heard of HB2129. Then again, maybe there’s a deeper personnel problem in Peters’ operation, because Hogan also told me he was unaware of the state’s preemption law. I left a message for the Representative to call me, but haven’t heard from him. Given the caliber of people working for him, maybe I shouldn’t be surprised. It’s entirely possible he never got the message.
But that leaves a couple of unanswered questions. Was Rep. Peters somehow unaware of the pro-2A stance of the legislature? If his bill were – by some miracle – enacted, is he aware that it’s clearly in violation of the Supreme Court’s Heller v District of Columbia decision?
By all accounts, Rep. Peters is no dummy. The telegenic, clean-cut legislative greenhorn has a stellar resume (if getting elected is your goal):
In his freshman year in Lincoln University, Joshua served as Vice President of the Freshman class. This office granted him a position as a Student Government Association Senator. He says he receives satisfaction from listening to constituent concerns and drafting, presenting, and supporting legislation to address them. In his senior year, Joshua served as the 75th President of the Student Government Association (SGA), representing over 4,500 students and managing a budget of $1,000.000.00. Prior to serving as President, Mr. Peters held the position of Vice President of the Student Government Association as well Cheif Justice of the Student Suprme Court.
He is the very model of the modern public servant. Sure, he’s young and a little wet behind the ears, but he’s learned the – ahem – art of machine politics working for the second generation of the public-service-job-for-life Clay family. So as long as he continues to play his cards right, he’ll retire from public office forty or fifty years down the road with a fat taxpayer-financed pension, if that’s what he wants to do.
Which could only mean one thing: it’s all just naked political grandstanding for the folks back home. A convenient, camera-ready talking point he can pull out of his back pocket the next time there’s a Saturday night multiple shooting in his district and one of the local TV stations knocks on his door looking for a reaction. He’ll summon his most serious I’m-deeply-concerned media face, and do his best to capture the fierce urgency of now by spouting something like, “Katie, I’m as horrified by the level of gun violence in my district as any of my constituents. In fact, I sponsored legislation in the Assembly that would have outlawed the very kinds of firearms that were used in this heinous crime tonight. But given the power of the gun lobby in this state, I couldn’t even get my bill a hearing.”
Maybe Rep. Peters should hire me.
[h/t Dirk Diggler, Esquire]
While Putin is taking over Crimea, Obama is …
http://static01.mediaite.com/med/wp-content/uploads/2014/03/obama-nbc.jpg.jpg
Having looked into 80% lowers I don’t think the EP Armory lower qualifies. I don’t even think you would need a jig to prepare their lower for use. The holes are already drilled out and it looks like you could use a dremel to take the plug out. Am I missing something?
Yes. The holes that ATF says must not be drilled out are not drilled out. The “plug” is not a plug but an integral part of the casting that has to be machined out, whether with a dremel, milling machine, or drill and files is immaterial.
The BATFE is making up rules as they go along. They have done it several times before, and gotten away with it. I think they will chose path one. They have nothing to fear from this administration, and only a small possibility of punishment from Congress, *if * the Republicans win the Senate in 2014.
Unconstitutionality aside, this is laughably stupid because it specifically says that “No person *residing* in a city not within a county shall…” which means that anyone who resides elsewhere could waltz right in armed to the teeth and everything would be hunky dory. What a joke.
Of course. Drafting a short bill is so much easier than, for instance, fixing the horrendous inner city schools to help them break the cycle crime and poverty. Bonus: you don’t run afoul of teachers’ unions by drafting gun control bills. Seems like a no-brainer to me.
This illustrates just how little anti-gun politicians know about firearms. This bill would outlaw a single shot shotgun, but not an AR-15.
I’ve already commented on this in the forum. As a life long St. Louisan who grew up in deepest North City, this needs no explanation. The small minority of people who actually vote in his district are, for the most part, older members of the neighborhood churches (mostly elderly baptists). All bills like this are expected to do is let these folks know “he’s on their side”. There is absolutely no expectation of passage, just a cynical ploy to hang on to his base. Actually, that describes most politics in St. Louis. On the whole, though, this is a gun friendly town. You just have to remember that the actual CITY of St. Louis is only a small part of the metro area.
There is absolutely no expectation of passage, just a cynical ploy to hang on to his base.
Exactly so. No different than when we occasionally see Republicans drafting bills to outlaw all abortions. Even if by some miracle they were to pass, they’d be ruled unconstitutional in a heartbeat…but it keeps the social conservative wing of the party happy.
My Wisconsin open carry story is this, I have told it before here.
At a grocery store in Eau Claire early evening weekday not too busy. Open carrying a 686 and I’m in the cereal aisle and a 40 something mom with a young daughter passes me with a look of disgust. Think nothing of it continue on, about 2 minutes later manager comes up to me and says this lady is frightened and has asked me to call police and he thought he’d just warn me, I said OK. Continued on and when I got to checkout I saw two police officers talking with her and the manager, they glanced over at me a few times but I finished checkout and continued to the side door which is the liquor store door which is the parking lot where I parked. I walked by the group casually just a few feet from them and nothing, got near the door and the manager came up and apologized to me. He told me the police were explaining to her that open carry is legal and that they had asked him if they should stop and check me and he had told them no as I was a regular and had caused no disturbance. I went on my way and later that year I talked with the manager again and the lady was so distraught the police were concerned for her and called her husband to come pick her and her daughter up. I found that even more concerning than the police responding to such a call. So I imagine if I would of had a jerk manager(anti-gun) and/or a anti-gun jerk cop things might of played out a little different but my one experience with open carry situation was a positive one for the most part. The thing that sticks with me is the lady being so distraught, I just don’t get it. These are the people voting these anti-gun politicians in. Over nothing, over a misplaced or outright silly fear. What criminal or bad guy open carries? The incident just verified my belief that there are some real stupid and scared people out there.
Now here in MN now it’s a totally different story. Night and day. Even with a carry permit, something WI does not require someone to have to open carry, I got harassed immediately on my own lawn just 2 weeks after moving in. Two police cars, three officers, all but one with their hand at ready on their weapon, after a nosey neighbor not even on my block, she is across a busy my cross street a few house down, called me in. The police “suggested” I no longer open carry as I will be stopped every time. I guess I shouldn’t have moved back home.
The problem with path 1 is that there is really no “legal definition” of what constitutes an 80% Lower or that says anything over 80% is a firearm. The definition of a firearm is a regulatory definition made by a legally authorized regulating agency, IOW, BATFE. The decision as to whether of not a particular manufacturing process produces a firearm or a paperweight is made by the BATFE Technical Division. The item in question is submitted by the maker, examined and a determination made. The maker is then given a letter of determination saying no, it is not a firearm or yes it is and here’s why.
There is no indication that I am aware of that either EP Armory or Ares Armor ever made such a submission of received such a letter. Instead, it appears they just started making and selling what they assumed to be “80% lowers” because someone else who possibly did have a letter was doing it. But someone else’s letter only covers someone else’s ass not EP and Ares.
All BATFE has to do is provide the court with a letter of determination saying that the EP lower is a firearm and they have a valid warrant without causing a “shitstorm” of problems for anyone else that already has their letters.
“Protecting the Second Amendment Act”.
Let us pray.
“Oh Lord, with Thy help we will defend ourselves from our enemies. But preserve us, we beseech Thee, from the cruel hands of our benefactors.”
I’m gonna give this guy a call. As a resident of the St. Louis area this makes me sick. Not only that he’s ignorant of current legislation or willfully ignorant at worst, but also that he would so callous as to waste my tax dollars drafting legislation that he knows would never even pass.
Let me be clear, he’s paid using my money. By the people, for the people. This obviously isn’t what the people of the state of Missouri want and he knows it. He’s taking my money to create a political talking point to further HIS political agenda down the road. If that isn’t theft I don’t know what is; he should be fired.
OK, where to begin? Well, let’s begin with what he got right–oddly enough, one of the things Dan says he got wrong: the “pre-emption statute”. That statute says, in effect that no political subdivision below state level can make ordinances regulating guns, with a couple of exceptions. Since what the State Representative is proposing is, in fact, a STATE law, to be enacted by the STATE government, it does not at all run afoul of the “pre-emption” statute, even though by its terms it only applies to one city as a practical matter. That kind of thing is done all the time by the US congress, which only has authority to pass laws for the nation as a whole; laws are written with such detail that they wind up only applying to a specific state, county, district, city, or even smaller subdivision (generally the author’s home town, district, grandmother’s house, etc). Now, for the things he got wrong– Let’s see, no definition of “short-barreled rifle (non-enforceable for vagueness, allows for those terrible “assault rifles”; ban ALL shotguns? (definite non-starter, even Obama purports to use a shotgun for “sporting purposes”); the aforementioned “automatic handguns”, and in similar vein–flamethrowers???? how big of a problem are flamethrowers in St Lou? Clearly, Dan’s conclusion is valid, this surely is nothing but political kabuki at its naked worst.
Obviously, the bill sucks, from its disingenuous title to the confiscatory content. But I’m not sure I see where state preemption kicks in. The preemption statute quoted says that political subdivisions (counties, municipalities, school districts, etc.) can’t pass restrictive gun laws – that’s the state’s job. But why can’t the state itself legislate? There’s nothing in the passage quoted that says the State of Missouri can’t pass this and foist it off on a local political subdivision.
Well done, Jeremy! That is the most beautiful Mosin rebuild I’ve seen.
I placed an old Mosin into a CBRPS stock. As much as I like the stock (drop-in installation, bullpup conversion, excellent balance, etc.), that Archangel stock is gorgeous. Coupled with the ability to use a Timney trigger and magazines…I need to start saving my pennies for another Mosin build. Perhaps sell the bullpup Mosin.
Biblical prophecy unfolding as I type. This is NOT the 1930’s. Hitler had no nuclear weapons. Putin does. Obama is not Neville Chamberlain. More like JUDAS. Some dark days ahead. Hope you’re ready.
If Obama had a son…….
US intervention in Panama…turned a third world cesspit into a 2nd world nation, aspiring to be a first world nation.
Nicaragua, if US allies were funded it would resemble Panama today.
East and West Germany
Russia goes in without a plan and screws things up for both the locals and them.
When the US goes in without a plan it screws up too…so when we go gun totting the american way people benefit, when we try to emulate russia crap happens.
Say what you want, but Putin is Anti-NEW WORLD ORDER , Christian, A Peace maker, and is for the Russian people , Now Obama is PRO-New World ORDER, Anti-Christian/JEW, hates the Bill of Rights, and the American way! Is the picture upside down????????????
I showed the above legislation attempt to my 11 year old. Let’s just say he was late for school because he couldn’t stop laughing.
Dare I say Mr. Peter’s is simply a useful idiot. Yeppers I said it. Mr. Peter’s can get over it I am sure.
I think legislators that promote unconstitional bills should be tried for treason
So this bill would effectively ban shotguns because I doubt anyone else has a Class III to be able to own most of the rest.
And flamethrowers? Seriously? Are they that common that he feels they need to be banned?
That’s true, but the NG is made up of citizens that they themselves might just be gun owners and believe in gun rights.
The potential for “mess” is very high. But the path of the future is not clear.
Do they think they’re being witty when they name these laws?
Call it intimidation or a witch hunt by the ATF. As an engineer with significant plastics expertise, identifying the order in which this paperweight is made should be easy to resolve. Reviewing the mold that makes the main body of the paperweight would tell you everything you need to know. There would be significant document history as well – CAD of the tool design, drawings, CNC programs for cutting the tool cavities and components etc. etc…
A plastic part molding process such as this can be referred to as “insert molding”, “two shot molding” or “over molding”, and is very, very common.
If the mold is designed to have the white insert in it when shooting the black, it will have no feature in the tool to make that cavity that is otherwise take up by the white piece. If you were to mold the paperweight without the white insert piece present, that void area will be filled with plastic (and being a thick area would shrink/warp so badly the paperweight would never be good for more than that).
You “could” mold the part as the ATF claims, but since the trigger/hammer pocket is an internal cavity, and has associated through holes, the tooling for molding a finished receiver would be that much more “elaborate”…as in moving parts…not something you could just remove when the suits show up without leaving evidence or having a functioning tool.
FWIW, Given the complexity of molding all the other features present in that part, it’s a work of art…at least from an engineering perspective.
“does the U.S. government really want to disarm the citizenry?”
Yes.
Next question?
One more thing:
I have and I’m sure every reader here, has more than enough of those cheap cable locks that we could donate to the cause if there is a true need. Maybe ttag could be the collection center.
Sorry, but I’ll keep have my Ruger ones because they have that cool Phoenix emblem. Every other company seems to include the generic red ones.
They won’t disappear, Bloomberg will simply change their name (again).
MDA and MAIG are not dead. They are under orders from the Democrats to STFU until after the November elections.
http://www.breitbart.com/Big-Government/2014/01/07/Democrats-Ask-Bloomberg-To-Back-Off-Gun-Control-Push
Makes perfect sense. For the anti-gun crowd, don’t remind them of the administrations failures. For the gun rights crowd, don’t get them all bent out of shape so they vote.
Except, the 2a crowd has been pissed off for some time now and will be at the polls to vote these SOBs out of office come November
Historically speaking he isn’t wrong and the past several administrations have made a serious hash of our foreign policy, but a Russian plutocrat and KGB thug like Putin has zero ethical weight when it comes to criticizing the U.S.’s behavior abroad. Physician, heal thyself.
Are we to believe that registering something makes the public safer whereas not registering it, even a few days late, makes it harmful to peace?
The 50K that filled out the forms should box their toys up and have them by the door so the team doesn’t need to tear up the house looking for them when they show up.
Would probably save the the price of the gun in a few range trips based on cost of ammo
Baseball bats? Well that might have worked back in the 12th century, before firearms were invented.