Nieves Prefiles New Version of Gun-Rights Bill - The Missourian: News

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Nieves Prefiles New Version of Gun-Rights Bill

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Posted: Wednesday, January 1, 2014 1:00 pm

State Sen. Brian Nieves, R-Washington, vowed he wouldn’t give up his quest to enact tough gun rights protection measures after last year’s narrow defeat of a bill that would have allowed the state to prosecute federal officials who attempted to enforce federal gun laws in Missouri.

Nieves filed a new version of a gun bill earlier this month that is not as broad as last year’s legislation. The bill continues to seek to invalidate federal gun laws that infringe on Missourians’ right to bear arms.

The bill comes after last year’s legislation failed to get enough votes to override Gov. Jay Nixon’s veto of the first Second Amendment Preservation Act.

The next legislative session starts Jan. 8. Nieves’ bill is Senate Bill 613.

The bill summary states that federal supremacy does not apply to gun laws because “such laws exceed the scope of the federal government’s authority.”

However, laws necessary for the regulation of the land and the U.S. armed forces would be excluded from the laws that exceed federal authority.

Also under the bill, it would be a Class A misdemeanor for federal employees to attempt to enforce laws declared invalid.

Political subdivisions would not be allowed to prohibit people from openly carrying firearms as long as they had a valid concealed carry permit and presented it to law enforcement upon demand.

School districts may also authorize teachers or administrators as school protection officers who can carry concealed firearms, the bill states.

Under the bill, federal agents must be accompanied by the county sheriff or a designee before issuing U.S. warrants. State law enforcement officers must also be accompanied by the sheriff or designee. Waivers could be granted by a judge if the officer serving the warrant believes the sheriff has a conflict of interest. It would be a Class A misdemeanor if a warrant was served without meeting the requirements set forth in the bill.

Health care professionals would not be required by law to ask if patients owned firearms or notify any government entity of a patient’s identity based on the patient’s status as a gun owner, the bill states.

The bill would also lower the age of having a concealed carry permit from 21 to 19.

Nixon vetoed the last version of the bill, saying it raises constitutional questions. Specifically, the governor said the bill violated the U.S. Constitution’s supremacy clause. The governor said the supremacy clause gives precedence to the laws of a nation over individual states.

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