Reestablishes the Second Amendment Preservation Act

SECOND REGULAR SESSION
HOUSE BILL NO. 3070
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE HARDWICK.
6449H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 1.410, 1.420, 1.430, 1.440, 1.450, 1.460, 1.470, 1.480, and 1.485, RSMo,
and to enact in lieu thereof six new sections relating to the sole purpose of reenacting
the substantive portion of the Second Amendment Preservation Act and removing
certain legislative findings and declarations, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 1.410, 1.420, 1.430, 1.440, 1.450, 1.460, 1.470, 1.480, and 1.485,
2 RSMo, are repealed and six new sections enacted in lieu thereof, to be known as sections
3 1.41 1, 1.421, 1.461, 1.471, 1.481, and 1.484, to read as follows:
1.41 1 . 1. Sections 1.41 1 to 1.484 shall be known and may be cited as the "Second
2 Amendment Pr eservation Act".
3 2. The general assembly finds and declar es that:
4 (1) The general assembly of the state of Missouri is firmly r esolved to support
5 and defend the Constitution of the United States against every aggr ession, whether
6 for eign or domestic, and is duty-bound to oppose every infraction of those principles
7 that constitute the basis of the union of the states because only a faithful observance of
8 those principles can secur e the union's existence and the public happiness;
9 (2) Acting thr ough the Constitution of the United States, the people of the
10 several states cr eated the federal government to be their agent in the exer cise of a few
11 defined powers, while res erving for the state governments the power to legislate on
12 matters concerning the lives, liberties, and pro perties of citizens in the ordinary course
13 of affairs;
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
14 (3) The limitation of the federal government's power is affirmed under
15 Amendment X of the Constitution of the United States, which defines the total scope of
16 federal powers as being those that have been delegated by the people of the several states
17 to the federal government and all powers not delegated to the federal government in the
18 Constitution of the United States are res erved to the states r espectively or the people
19 themselves;
20 (4) In accordance with the Supr emacy Clause of the Constitution of the United
21 States, if the federal government takes actions that ar e in violation of the Constitution of
22 the United States, those acts ar e unauthoritative, void, and of no for ce;
23 (5) The several states of the United States res pect the prop er role of the federal
24 government but re ject the prop osition that such res pect req uires unlimited submission.
25 If the federal government, cr eated by a compact among the states, were the exclusive or
26 final judge of the extent of the powers granted to it by the states thr ough the
27 Constitution of the United States, the federal government's discret ion, and not the
28 Constitution of the United States, would necessarily become the measur e of those
29 powers. T o the contrary , as in all other cases of compacts among powers having no
30 common judge, each party has an equal right to judge for itself as to whether infractions
31 of the compact have occurr ed, as well as to determine the mode and measur e of redr ess.
32 Although the several states have granted suprem acy to laws and tr eaties made under the
33 powers granted in the Constitution of the United States, such supr emacy does not extend
34 to various federal statutes, executive orders, administrative orders, court orders, rules,
35 r egulations, or other actions that collect data or res trict or proh ibit the manufactur e,
36 ownership, or use of fir earms, fir earm accessories, or ammunition exclusively within the
37 borders of Missouri; such statutes, executive orders, administrative orders, court
38 orders, rules, regu lations, and other actions exceed the powers granted to the federal
39 government except to the extent they are necessary and pr oper for governing and
40 r egulating the United States Armed For ces or for organizing, arming, and disciplining
41 militia for ces actively employed in the service of the United States Armed For ces;
42 (6) The people of the several states have given Congr ess the power "to r egulate
43 commer ce with for eign nations, and among the several states", but "r egulating
44 commer ce" does not include the power to limit citizens' right to keep and bear arms in
45 defense of their families, neighbors, persons, or pr operty nor to dictate what sorts of
46 arms and accessories law-abiding Missourians may buy , sell, exchange, or otherwise
47 possess within the borders of this state;
48 (7) The people of the several states have also granted Congr ess the powers "to
49 lay and collect taxes, duties, imports, and excises, to pay the debts, and provi de for the
50 common defense and general welfare of the United States" and "to make all laws which
HB 3070 2
51 shall be necessary and pro per for carrying into execution the powers vested by the
52 Constitution of the United States in the government of the United States, or in any
53 department or office ther eof". These constitutional pr ovisions mer ely identify the
54 means by which the federal government may execute its limited powers and shall not be
55 construed to grant unlimited power because to do so would be to destr oy the car efully
56 constructed equilibrium between the federal and state governments. Consequently , the
57 general assembly rej ects any claim that the taxing and spending powers of Congr ess
58 may be used to diminish in any way the right of the people to keep and bear arms; and
59 (8) The general assembly finds that the federal excise tax rate on arms and
60 ammunition in effect prior to January 1, 2026, which funds pro grams under the Wi ldlife
61 Restoration Act, does not have a chilling effect on the pur chase or ownership of such
62 arms and ammunition.
1.421. 1. No entity or person, including any public officer or employee of this
2 state or any political subdivision of this state, shall have the authority to enfor ce or
3 attempt to enforce the following federal acts, laws, executive orders, administrative
4 orders, rules, and re gulations:
5 (1) Any tax, levy , fee, or stamp imposed on fir earms, fir earm accessories, or
6 ammunition not common to all other goods and services and that might r easonably be
7 expected to crea te a chilling effect on the pur chase or ownership of those items by law-
8 abiding citizens;
9 (2) Any r egistration or tracking of fir earms, fir earm accessories, or ammunition;
10 (3) Any r egistration or tracking of the ownership of firea rms, firea rm
11 accessories, or ammunition;
12 (4) Any act forbidding the possession, ownership, use, or transfer of a fir earm,
13 fir earm accessory , or ammunition by law-abiding citizens; and
14 (5) Any act ordering the confiscation of fir earms, fir earm accessories, or
15 ammunition fr om law-abiding citizens.
16 2. Nothing in sections 1.41 1 to 1.484 shall be construed to proh ibit Missouri
17 officials fr om accepting aid fr om federal officials in an effort to enforce Missouri laws.
1.461 . 1. Any political subdivision or law enforcem ent agency that employs a
2 law enfor cement officer who acts knowingly , as defined under section 562.016, to violate
3 the pr ovisions of section 1.421 or otherwise knowingly deprives a citizen of Missouri of
4 the rights or privileges ensured by Amendment II of the Constitution of the United
5 States or Article I, Section 23 of the Constitution of Missouri while acting under the
6 color of any state or federal law shall be liable to the injured party in an action at law ,
7 suit in equity , or other pr oper proce eding for re dress, and subject to a civil penalty of
8 fifty thousand dollars per occurren ce. Any person injur ed under this section shall have
HB 3070 3
9 standing to pursue an action for injunctive reli ef in the circui t court of the county in
10 which the action allegedly occurr ed or in the cir cuit court of Cole County with r espect to
11 the actions of such individual. The court shall hold a hearing on the motion for a
12 temporary r estraining order and pr eliminary injunction within thirty days of service of
13 the petition.
14 2. In such actions, the court may award the pr evailing party , other than the state
15 of Missouri or any political subdivision of the state, rea sonable attorney's fees and costs.
16 3. Sover eign immunity shall not be an affirmative defense in any action pursuant
17 to this section.
1.471 . 1. Any political subdivision or law enforc ement agency that knowingly
2 employs an individual acting or who pre viously acted as an official, agent, employee, or
3 deputy of the government of the United States, or otherwise acted under the color of
4 federal law within the borders of this state, who has knowingly , as defined under section
5 562.016, after the adoption of this section:
6 (1) Enfor ced, attempted to enfor ce, or participated in any way in the
7 enfor cement or implementation of any federal acts, laws, executive orders,
8 administrative orders, rules, or r egulations listed in section 1.421; or
9 (2) Given material aid and support to the efforts of another who enforce s or
10 attempts to enforc e or participates in any way in the enfor cement or implementation of
11 any federal acts, laws, executive orders, administrative orders, rules, or reg ulations
12 listed in section 1.421
13
14 shall be subject to a civil penalty of fifty thousand dollars per employee hir ed by the
15 political subdivision or law enforcem ent agency . Each employee hir ed shall subject the
16 political subdivision or law enfor cement agency to a separate civil penalty .
17 2. Any person r esiding or conducting business in a jurisdiction who believes that
18 an individual has taken action that would violate the pr ovisions of this section shall have
19 standing to pursue an action for injunctive reli ef in the circui t court of the county in
20 which the action allegedly occurr ed or in the cir cuit court of Cole County with r espect to
21 the actions of such individual. The court shall hold a hearing on the motion for a
22 temporary r estraining order and pr eliminary injunction within thirty days of service of
23 the petition.
24 3. In such actions, the court may award the pr evailing party , other than the state
25 of Missouri or any political subdivision of the state, rea sonable attorney's fees and costs.
26 4. Sover eign immunity shall not be an affirmative defense in any action pursuant
27 to this section.
HB 3070 4
1.481 . 1. For sections 1.41 1 to 1.484, the term "law-abiding citizen" shall mean a
2 person who is not otherwise pr ecluded under state law fr om possessing a fir earm and
3 shall not be construed to include anyone who is not legally pr esent in the United States
4 or the state of Missouri.
5 2. For the purposes of sections 1.41 1 to 1.484, "material aid and support" shall
6 include voluntarily giving or allowing others to make use of lodging; communications
7 equipment or services, including social media accounts; facilities; weapons; personnel;
8 transportation; clothing; or other physical assets. Material aid and support shall not
9 include giving or allowing the use of medicine or other materials necessary to trea t
10 physical injuries, nor shall the term include any assistance pr ovided to help persons
11 escape a serious, pr esent risk of life-threatenin g injury .
12 3. It shall not be consider ed a violation of sections 1.41 1 to 1.484 to prov ide
13 material aid to federal officials who are in pursuit of a suspect when ther e is a
14 demonstrable criminal nexus with another state or country and such suspect is either
15 not a citizen of this state or is not pr esent in this state.
16 4. It shall not be consider ed a violation of sections 1.41 1 to 1.484 to prov ide
17 material aid to federal pr osecution for:
18 (1) Felony crimes against a person when such prosecution includes weapons
19 violations substantially similar to those found in chapter 570 or 571 so long as such
20 weapons violations are mer ely ancillary to such pr osecution; or
21 (2) Class A or class B felony violations substantially similar to those found in
22 chapter 579 when such prosecution includes weapons violations substantially similar to
23 those found in chapter 570 or 571 so long as such weapons violations ar e mer ely
24 ancillary to such pr osecution.
25 5. The pr ovisions of sections 1.41 1 to 1.484 shall be applicable to offenses
26 occurring on or after August 28, 2026.
1.484 . If any pro vision of sections 1.41 1 to 1.484 or the application ther eof to any
2 person or cir cumstance is held invalid, such determination shall not affect the pr ovisions
3 or applications of sections 1.41 1 to 1.484 that may be given effect without the invalid
4 pr ovision or application, and the pr ovisions of sections 1.41 1 to 1.484 are severable.
[ 1.410 . 1. Sections 1.410 to 1.485 shall be known and may be cited as
2 the "Second Amendment Preservation Act".
3 2. The general assembly finds and declares that:
4 (1) The general assembly of the state of Missouri is firmly resolved to
5 support and defend the Constitution of the United States against every
6 aggression, whether foreign or domestic, and is duty-bound to oppose every
7 infraction of those principles that constitute the basis of the union of the states
HB 3070 5
8 because only a faithful observance of those principles can secure the union's
9 existence and the public happiness;
10 (2) Acting through the Constitution of the United States, the people of
11 the several states created the federal government to be their agent in the
12 exercise of a few defined powers, while reserving for the state governments
13 the power to legislate on matters concerning the lives, liberties, and properties
14 of citizens in the ordinary course of af fairs;
15 (3) The limitation of the federal government's power is af firmed under
16 Amendment X of the Constitution of the United States, which defines the total
17 scope of federal powers as being those that have been delegated by the people
18 of the several states to the federal government and all powers not delegated to
19 the federal government in the Constitution of the United States are reserved to
20 the states respectively or the people themselves;
21 (4) If the federal government assumes powers that the people did not
22 grant it in the Constitution of the United States, its acts are unauthoritative,
23 void, and of no force;
24 (5) The several states of the United States respect the proper role of the
25 federal government but reject the proposition that such respect requires
26 unlimited submission. If the federal government, created by a compact among
27 the states, were the exclusive or final judge of the extent of the powers granted
28 to it by the states through the Constitution of the United States, the federal
29 government's discretion, and not the Constitution of the United States, would
30 necessarily become the measure of those powers. T o the contrary , as in all
31 other cases of compacts among powers having no common judge, each party
32 has an equal right to judge for itself as to whether infractions of the compact
33 have occurred, as well as to determine the mode and measure of redress.
34 Although the several states have granted supremacy to laws and treaties made
35 under the powers granted in the Constitution of the United States, such
36 supremacy does not extend to various federal statutes, executive orders,
37 administrative orders, court orders, rules, regulations, or other actions that
38 collect data or restrict or prohibit the manufacture, ownership, or use of
39 firearms, firearm accessories, or ammunition exclusively within the borders of
40 Missouri; such statutes, executive orders, administrative orders, court orders,
41 rules, regulations, and other actions exceed the powers granted to the federal
42 government except to the extent they are necessary and proper for governing
43 and regulating the United States Armed Forces or for org anizing, arming, and
44 disciplining militia forces actively employed in the service of the United States
45 Armed Forces;
46 (6) The people of the several states have given Congress the power "to
47 regulate commerce with foreign nations, and among the several states", but
48 "regulating commerce" does not include the power to limit citizens' right to
49 keep and bear arms in defense of their families, neighbors, persons, or property
50 nor to dictate what sorts of arms and accessories law-abiding Missourians may
51 buy , sell, exchange, or otherwise possess within the borders of this state;
52 (7) The people of the several states have also granted Congress the
53 powers "to lay and collect taxes, duties, imports, and excises, to pay the debts,
54 and provide for the common defense and general welfare of the United States"
55 and "to make all laws which shall be necessary and proper for carrying into
HB 3070 6
56 execution the powers vested by the Constitution of the United States in the
57 government of the United States, or in any department or of fice thereof".
58 These constitutional provisions merely identify the means by which the federal
59 government may execute its limited powers and shall not be construed to grant
60 unlimited power because to do so would be to destroy the carefully
61 constructed equilibrium between the federal and state governments.
6 2 Consequently , the general assembly rejects any claim that the taxing and
63 spending powers of Congress may be used to diminish in any way the right of
64 the people to keep and bear arms;
65 (8) The general assembly finds that the federal excise tax rate on arms
66 and ammunition in ef fect prior to January 1, 2021, which funds programs
67 under the W ildlife Restoration Act, does not have a chilling effect on the
68 purchase or ownership of such arms and ammunition;
69 (9) The people of Missouri have vested the general assembly with the
70 authority to regulate the manufacture, possession, exchange, and use of
71 firearms within the borders of this state, subject only to the limits imposed by
72 Amendment II of the Constitution of the United States and the Constitution of
73 Missouri; and
74 (10) The general assembly of the state of Missouri strongly promotes
75 responsible gun ownership, including parental supervision of minors in the
76 proper use, storage, and ownership of all firearms; the prompt reporting of
77 stolen firearms; and the proper enforcement of all state gun laws. The general
78 assembly of the state of Missouri hereby condemns any unlawful transfer of
79 firearms and the use of any firearm in any criminal or unlawful activity . ]
[ 1.420 . The following federal acts, laws, executive orders,
2 administrative orders, rules, and regulations shall be considered
3 infringements on the people's right to keep and bear arms, as guaranteed by
4 Amendment II of the Constitution of the United States and Article I, Section
5 23 of the Constitution of Missouri, within the borders of this state including,
6 but not limited to:
7 (1) Any tax, levy , fee, or stamp imposed on firearms, firearm
8 accessories, or ammunition not common to all other goods and services and
9 that might reasonably be expected to create a chilling ef fect on the purchase or
10 ownership of those items by law-abiding citizens;
11 (2) Any registration or tracking of firearms, firearm accessories, or
12 ammunition;
13 (3) Any registration or tracking of the ownership of firearms, firearm
14 accessories, or ammunition;
15 (4) Any act forbidding the possession, ownership, use, or transfer of a
16 firearm, firearm accessory , or ammunition by law-abiding citizens; and
17 (5) Any act ordering the confiscation of firearms, firearm accessories,
18 or ammunition from law-abiding citizens. ]
[ 1.430 . All federal acts, laws, executive orders, administrative orders,
2 rules, and regulations, regardless of whether they were enacted before or after
3 the provisions of sections 1.410 to 1.485, that infringe on the people's right to
4 keep and bear arms as guaranteed by the Second Amendment to the
HB 3070 7
5 Constitution of the United States and Article I, Section 23 of the Constitution
6 of Missouri shall be invalid to this state, shall not be recognized by this state,
7 shall be specifically rejected by this state, and shall not be enforced by this
8 state. ]
[ 1.440 . It shall be the duty of the courts and law enforcement agencies
2 of this state to protect the rights of law-abiding citizens to keep and bear arms
3 within the borders of this state and to protect these rights from the
4 infringements defined under section 1.420. ]
[ 1.450 . No entity or person, including any public of ficer or employee
2 of this state or any political subdivision of this state, shall have the authority to
3 enforce or attempt to enforce any federal acts, laws, executive orders,
4 administrative orders, rules, regulations, statutes, or ordinances infringing on
5 the right to keep and bear arms as described under section 1.420. Nothing in
6 sections 1.410 to 1.480 shall be construed to prohibit Missouri of ficials from
7 accepting aid from federal of ficials in an effor t to enforce Missouri laws. ]
[ 1.460 . 1. Any political subdivision or law enforcement agency that
2 employs a law enforcement of ficer who acts knowingly , as defined under
3 section 562.016, to violate the provisions of section 1.450 or otherwise
4 knowingly deprives a citizen of Missouri of the rights or privileges ensured by
5 Amendment II of the Constitution of the United States or Article I, Section 23
6 of the Constitution of Missouri while acting under the color of any state or
7 federal law shall be liable to the injured party in an action at law , suit in equity ,
8 or other proper proceeding for redress, and subject to a civil penalty of fifty
9 thousand dollars per occurrence. Any person injured under this section shall
10 have standing to pursue an action for injunctive relief in the circuit court of the
11 county in which the action allegedly occurred or in the circuit court of Cole
12 County with respect to the actions of such individual. The court shall hold a
13 hearing on the motion for temporary restraining order and preliminary
14 injunction within thirty days of service of the petition.
15 2. In such actions, the court may award the prevailing party , other than
16 the state of Missouri or any political subdivision of the state, reasonable
17 attorney's fees and costs.
18 3. Sovereign immunity shall not be an af firmative defense in any
19 action pursuant to this section. ]
[ 1.470 . 1. Any political subdivision or law enforcement agency that
2 knowingly employs an individual acting or who previously acted as an of ficial,
3 agent, employee, or deputy of the government of the United States, or
4 otherwise acted under the color of federal law within the borders of this state,
5 who has knowingly , as defined under section 562.016, after the adoption of
6 this section:
7 (1) Enforced or attempted to enforce any of the infringements
8 identified in section 1.420; or
HB 3070 8
9 (2) Given material aid and support to the ef forts of another who
10 enforces or attempts to enforce any of the infringements identified in section
11 1.420;
12
13 shall be subject to a civil penalty of fifty thousand dollars per employee hired
14 by the political subdivision or law enforcement agency . Any person residing
15 in a jurisdiction who believes that an individual has taken action that would
16 violate the provisions of this section shall have standing to pursue an action.
17 2. Any person residing or conducting business in a jurisdiction who
18 believes that an individual has taken action that would violate the provisions of
19 this section shall have standing to pursue an action for injunctive relief in the
20 circuit court of the county in which the action allegedly occurred or in the
21 circuit court of Cole County with respect to the actions of such individual.
22 The court shall hold a hearing on the motion for a temporary restraining order
23 and preliminary injunction within thirty days of service of the petition.
24 3. In such actions, the court may award the prevailing party , other than
25 the state of Missouri or any political subdivision of the state, reasonable
26 attorney's fees and costs.
27 4. Sovereign immunity shall not be an af firmative defense in any
28 action pursuant to this section. ]
[ 1.480 . 1. For sections 1.410 to 1.485, the term "law-abiding citizen"
2 shall mean a person who is not otherwise precluded under state law from
3 possessing a firearm and shall not be construed to include anyone who is not
4 legally present in the United States or the state of Missouri.
5 2. For the purposes of sections 1.410 to 1.480, "material aid and
6 support" shall include voluntarily giving or allowing others to make use of
7 lodging; communications equipment or services, including social media
8 accounts; facilities; weapons; personnel; transportation; clothing; or other
9 physical assets. Material aid and support shall not include giving or allowing
10 the use of medicine or other materials necessary to treat physical injuries, nor
11 shall the term include any assistance provided to help persons escape a serious,
12 present risk of life-threatening injury .
13 3. It shall not be considered a violation of sections 1.410 to 1.480 to
14 provide material aid to federal of ficials who are in pursuit of a suspect when
15 there is a demonstrable criminal nexus with another state or country and such
16 suspect is either not a citizen of this state or is not present in this state.
17 4. It shall not be considered a violation of sections 1.410 to 1.480 to
18 provide material aid to federal prosecution for:
19 (1) Felony crimes against a person when such prosecution includes
20 weapons violations substantially similar to those found in chapter 570 or 571
21 so long as such weapons violations are merely ancillary to such prosecution; or
22 (2) Class A or class B felony violations substantially similar to those
23 found in chapter 579 when such prosecution includes weapons violations
24 substantially similar to those found in chapter 570 or 571 so long as such
25 weapons violations are merely ancillary to such prosecution.
26 5. The provisions of sections 1.410 to 1.485 shall be applicable to
27 of fenses occurring on or after August 28, 2021. ]
HB 3070 9
[ 1.485 . If any provision of sections 1.410 to 1.485 or the application
2 thereof to any person or circumstance is held invalid, such determination shall
3 not affect the provisions or applications of sections 1.410 to 1.485 that may be
4 given effect without the invalid provision or application, and the provisions of
5 sections 1.410 to 1.485 are severable. ]
✔
HB 3070 10