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Missouri poised to nullify U.S. gun laws

  • Article by: JOHN SCHWARTZ
  • New York Times
  • August 28, 2013 - 7:59 PM

– Unless a handful of wavering Democrats change their minds, the Republican-controlled Missouri legislature is expected to enact a statute next month nullifying all federal gun laws in the state and making it a crime for federal agents to enforce them here. A Missourian arrested under federal firearm statutes would even be able to sue the arresting officer.

The bill amounts to the most far-reaching states’ rights endeavor in the country, the far edge of a movement known as “nullification” in which a state defies federal power.

The Missouri Republican Party thinks linking guns to nullification works well, said Matt Wills, the party’s director of communications, thanks in part to the push by President Obama for tougher gun laws. “It’s probably one of the best states’ rights issues that the country’s got going right now,” he said.

The measure, which would seem certain to face a court challenge, was vetoed last month by Gov. Jay Nixon, a Democrat. But when the legislature gathers again Sept. 11, it will seek to override his veto. Nearly every Republican and a dozen Democrats appear likely to vote for the override.

Richard G. Callahan, the U.S. attorney for the Eastern District of Missouri, is concerned. He cited a recent joint operation of federal, state and local law enforcement officials that led to 159 arrests and the seizing of 267 weapons, and noted that the measure “would have outlawed such operations, and would have made criminals out of the law enforcement officers.”

In a letter explaining his veto, Nixon said the federal government’s supremacy over the states was “as logically sound as it is legally well established.”

The National Rifle Association, which has praised Nixon in the past for signing pro-gun legislation, has been silent about the new bill.

Historically used by civil rights opponents, nullification has bloomed in recent years around a host of other issues, broadly including medical marijuana and the new health care law.

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