Missouri Tells the Feds: We Won’t Enforce Your Gun Laws

Mises Institute:

06/21/2021Ryan McMaken

On June 12, Missouri governor Mike Parson signed HB 85, the “Second Amendment Preservation Act” recently approved by the state’s legislature.

The new law is designed to prevent state and local law enforcement from enforcing federal laws regulating private ownership of firearms.

The act

Declares that all federal acts, laws, executive orders, administrative orders, court orders, rules, and regulations, whether past, present, or future, that infringe on the people’s right to keep and bear arms as guaranteed by the Second Amendment to the United States Constitution and Article I, Section 23 of the Missouri Constitution must be invalid in this state, including those that impose a tax, levy, fee, or stamp on these items as specified in the bill; require the registration or tracking of these items or their owners; prohibit the possession, ownership, use, or transfer of a firearm; or order the confiscation of these items

Moreover, the act opens up law enforcement officials and other state personnel to legal penalties if they do enforce federal firearms laws and

[s]pecifies that any entity or person who knowingly acts under the color of any federal or state law to deprive a Missouri citizen of the rights or privileges ensured by the federal and state constitutions to keep and bear arms must be liable to the injured party for redress, including monetary damages in the amount of $50,000 per occurrence and injunctive relief. … Sovereign immunity shall not be a defense.

Basically, the law attempts to do two different things. The first is to declare certain federal laws invalid within the state.

The second is to state that police are prohibited from providing “material aid and support” to federal officials seeking to prosecute Missouri residents under federal gun laws.

The first aspect of the legislation is on shaky ground. The second aspect, however, has the potential to have a real effect on the enforcement of federal gun laws in the state.

States Can’t Invalidate Federal Laws, But They Don’t Have to Help Enforce Them

Naturally, gun control advocates and opponents of decentralization have condemned the bill, mostly on grounds of the legal doctrines and federal preemption and federal supremacy.

But this only applies to the part of the bill claiming to invalidate federal law. National Public Radio, for instance quotes law professor Stephen Vladeck, who states: “If I am a resident of Missouri, I am no less subject to federal gun laws today than [before the law was passed].”

This is true enough in the strict legal sense. Federal gun laws have not actually been repealed in Missouri, and the federal government can still draw upon its own resources to attempt to enforce these laws within the state.

On the other hand, by directing state officials to not enforce federal laws in the state, the new act makes it more difficult to enforce federal law and deprives the federal government of resources it has long assumed it could call upon whenever it wanted. After all, the federal government has long regarded state and local police as “valuable partners” who act as informants and who provide personnel, firepower, jails, and other amenities that make it easier for federal officials to arrest and prosecute locals.

If the new Missouri legislation truly leads to a situation in which federal officials can’t count on any state or local manpower, this will mean a de facto decline in the ability of federal officials to enforce federal law in the state.

This is not unprecedented. During the 1850s, for example, state governments passed laws prohibiting state officials from assisting federal agents who sought to enforce the federal fugitive slave acts.

The Lessons We Learned from State Marijuana Legalization

But there is a much more recent example that we can look to to better understand Missouri’s new law.

We have seen this tactic at work already in the realm of federal marijuana laws.

For example, when Colorado voters approved Amendment 64, which legalized recreational marijuana in the state, the result, in practice, was something similar to what Missouri is attempting.

Amendment 64 declared marijuana to be legal in the state under a broad variety of circumstances, and the text of the amendment simply stated that marijuana would be legal for people in Colorado over twenty-one years of age.

This invalidated state and local laws outlawing marijuana. Of course, marijuana continued to be illegal under federal law, and federal officials were free to enter the state and prosecute business owners and individuals who owned, bought, and sold marijuana.

And yet this rarely happened. There were some efforts—and numerous threats—by federal officials to “crack down” on locals in Colorado, but these efforts proved to be anemic.

It should be noted that the Colorado amendment (and enacting legislation) was in fact much more mild than the Missouri legislation. The amendment did not explicitly prohibit state officials from cooperating with federal officials. But the result in practice was similar. State and local law enforcement backed off substantially from all enforcement efforts, and federal law came to be seen as an alien force working contrary to the interests of policymakers of both parties. Colorado members of Congress (from both parties) introduced and supported legislation seeking to limiting federal enforcement of marijuana laws in Colorado or in states that had legalized the use and possession of marijuana.

Moreover, when it was thought that the Trump administration might finally “crack down” on Coloradans using marijuana, state legislators did introduce legislation specifically prohibiting state officials from cooperating with federal officials in “Arresting a Colorado citizen or person lawfully present in Colorado for committing an act in Colorado that is a Colorado constitutional right.” (This legislation passed the House but failed in the Senate).

Today, federal marijuana prohibitions and enforcement in Colorado have been significantly limited and scaled back.

Public Opinion Matters

Part of the reason marijuana legalization at the state level has worked so well in pushing back against federal law is that public opinion is on the side of legalization. As more and more states moved to legalize marijuana, it became clear that the public in general and many members of Congress had little interest in really pressing the issue.

That is, cracking down on marijuana users apparently just didn’t have much of a national support base. Congress and the White House have been unwilling to legalize marijuana, but they have also apparently also been unwilling to push the issue.

State-level moves to legalize marijuana have not made federal law “invalid” in any de jure sense. But they have gone a long way toward doing so in practice. 

Can Opponents of Federal Gun Laws Copy the Colorado Strategy?

Can Missouri succeed in the way efforts to legalize marijuana have succeeded through state legalization?

This will depend on both public opinion and the willingness of other state governments to join in.

Other states must take similar steps just as other states joined Colorado. As Alaska, California, Washington, Massachusetts, and other states joined Colorado in legalizing marijuana, this made it all the more clear to federal law enforcement agencies that they shouldn’t expect a groundswell of support should they decide to show the state governments who’s boss.

Only after several states—ideally including politically powerful states like Florida and Texas—start to line up on the side of state autonomy in gun legislation will we know if there is enough political will to cripple federal enforcement as has happened with marijuana.

In other words, states’ efforts to end federal enforcement within their borders are as much a political effort as they are a legal one. Legal scholars can talk about the supremacy clause and federal preemption until they’re blue in the face, but it’s political trends and public opinion that will ultimately decide the outcome. 

Because public opinion in so many states has been trending in the direction of marijuana legalization, neither the federal courts nor the White House have been willing to press the issue of forcing federal “supremacy.”

Another lesson of the Colorado marijuana strategy is this: meaningful reform began at the state level and indirectly forced the hand of federal officials. It was only after states began saying, “We’re not going to do what the federal government wants,” that Congress and federal agencies began to lose their nerve to force these federal regulations on states. In other words, the political strategy of effectively ignoring and essentially nullifying federal marijuana laws has clearly been effective. Whether or not opponents of federal gun laws can find similar success with this strategy remains to be seen.Author:

Contact Ryan McMaken

Ryan McMaken (@ryanmcmaken) is a senior editor at the Mises Institute. Send him your article submissions for the Mises Wire and Power&Market, but read article guidelines first. Ryan has degrees in economics and political science from the University of Colorado and was a housing economist for the State of Colorado. He is the author of Commie Cowboys: The Bourgeoisie and the Nation-State in the Western Genre.

CDC to hold emergency meeting following reports linking mRNA vaccines to heart inflammation

Tuesday, June 22, 2021 by: Nolan Barton

(Natural News) The vaccine advisory group of the Centers for Disease Control and Prevention (CDC) planned to hold an emergency meeting on June 18 to discuss reports of heart inflammation in young individuals following a second dose of the Pfizer and Moderna coronavirus (COVID-19) vaccines.

Formally known as the Advisory Committee on Immunization Practices (ACIP), the group makes recommendations on how to use vaccines to control diseases in the U.S. The recommendations are nonbinding but the CDC often takes the recommended action. ACIP meetings are open to the public and committee documents are publicly available, ensuring transparency in decision-making.

According to the meeting agenda, the first portion of the meeting was to feature an update on COVID-19 vaccine safety, which covers myocarditis cases seen after the administration of vaccines built on messenger RNA technology.

Myocarditis is a condition that involves inflammation of the heart muscle. Symptoms can include fever and fatigue, as well as shortness of breath and a very specific type of chest pain. Patients tend to say their chest hurts more when they lean forward. The pain tends to subside when they lean back.

Americans as young as 12 develop myocarditis after COVID-19 vaccination

Dr. Tom Shimabukuro, deputy director of CDC’s Immunization Safety Office, said during a June 10 presentation to the vaccine advisory group of the Food and Drug Administration (FDA) that there have been 226 confirmed cases of myocarditis after vaccination among Americans younger than 30, and that 250 more cases are under investigation.

Shimabukuro said the CDC will continue to evaluate myocarditis cases following vaccination and assess the benefits and risks of the Pfizer and Moderna vaccines, which both use mRNA technology, ahead of the emergency meeting.

Those between ages 12 and 24 accounted for more than half of the myocarditis cases in people below 30 that have been reported to the Vaccine Adverse Event Reporting System (VAERS), despite representing just a fraction of people who have received the vaccines. (Related: Dr. Zelenko: Covid vaccine mandates for children are “coercive human experimentation, crimes against humanity.”)

“We clearly have an imbalance there,” Shimabukuro said.

According to Shimabukuro, not all of the reports submitted to VAERS will turn out to be accurate. But he added that the higher-than-expected rate of the myocarditis cases among Americans below 30 is consistent with the data from Israel.

Israel’s Ministry of Health identified over 200 cases in men between 16 and 30 years old, a vast majority of those happening at the younger end of that range. That equates to a risk of between 1 in 3,000 and 1 in 6,000 of suffering from myocarditis.

Members of FDA’s vaccine advisory group express concerns about the myocarditis data

Members of the FDA’s Vaccines and Related Biological Products Advisory Committee, to whom Shimabukuro made his presentation, expressed concerns about the myocarditis data.

“Because we’ve all discussed at fair length the concern about myocarditis and other side effects, which seem to generally be worse after the second dose, I think we need some studies on single dose and whether that might be adequate going forward,” Dr. Mark Sawyer, professor of pediatrics at the University of California, San Diego, told colleagues during the meeting.

“I think the myocarditis is something that needs to be looked at closely because we’re likely seeing the tip of the iceberg,” added Dr. Michael Kurilla, director of the Division of Clinical Innovation at the National Center for Advancing Translational Sciences, which is part of the National Institutes of Health.

Pfizer said it supports the CDC’s assessment of the heart inflammation cases, noting that “the number of reports is small given the number of doses administered.”

The FDA expanded Pfizer’s emergency use authorization to include children as young as 12, even though the pharmaceutical company’s own clinical trials of the vaccine showed disturbing effects on young people.

Pfizer gave the vaccines to one group of children between ages 12 and 15 while another group got a placebo. Among children who received just the first dose of the vaccine, rates of serious symptoms were higher across the board – including symptoms consistent with myocarditis.

COVID-19 vaccine for infants may be available in fall

The New York Times reported that COVID-19 vaccines may be available in the fall for American children as young as six months. Pfizer announced on June 8 that it was moving to test its vaccine in children between ages 5 and 12. It will begin testing the vaccine in infants in the next few weeks. (Related: Children must not be vaccinated for COVID-19.)

Compared with adults, children are much less likely to develop severe illness following infection with COVID-19. But nearly four million children in the U.S. have tested positive for the virus since the start of the pandemic, according to the American Academy of Pediatrics.

Marquette County Health Department Medical Director Dr. Robert Lorinser, also a family practice physician, said that until more concrete science is provided, the vaccines should still be administered to everyone they are authorized for.

Dr. Monica Gandhi, professor of medicine and associate chief at the University of California, San Francisco, told the Epoch Times in an email that the CDC could end up recommending only vaccinating children who have not recovered from COVID-19 because there is a link between COVID infection and myocarditis.

Other possibilities mentioned by Gandhi include giving a single dose of the Moderna or Pfizer shots to those under the age of 20, lowering the dosage amount and extending the duration between doses one and two in the young.

Follow Immunization.news for more news and information related to coronavirus vaccines.

Sources include:





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Vaccinated people found to be 600% more likely to die from covid “variants” than unvaccinated people

uesday, June 22, 2021 by: Ethan Huff

(Natural News) Those who have been injected for the Wuhan coronavirus (Covid-19) are greater than six times more likely to die from a circulating “variant” like “Delta” than are unvaccinated people who just say no to strange experimental drugs from Tony Fauci and the government.

New data published by Public Health England on Friday found that compared to non-jabbed people, those who took the poison for the Chinese Virus are far more likely to suffer an excruciating death upon exposure to one of the many Wuhan Flu variants that the media says are spreading.

As it turns out, experimental gene therapy chemicals make the human immune system more prone to sudden death upon exposure to Chinese Germs than if that immune system was simply left alone to do its job naturally without pharmaceutical interventions.

Entitled, “SARS-CoV-2 variants of concern and variants under investigation in England, Technical briefing 16,” a paper covering the data shows that Chinese Virus variants are pretty much a non-issue to begin with, as the vast majority of people who encounter them never even know it.

The minute few who do end up dying with a variant more than likely already had the shot, research shows. The even more minute few who did not get the shot and still end up dying after testing “positive” more than likely had a weakened immune system or some other health problem such as heart disease or obesity.

Most people have a zero percent chance of dying from a Chinese Virus “variant”

Public Health England even admits that the risk of dying with a Chinese Virus variant is exceptionally low, especially if a person has not received the jab. Those who do take the jab are much more likely to suffer and die, it turns out, which apparently comes with the territory when trying to stay “safe.”

Even so, the fake news media is ratcheting up the propaganda about the spread of variants, calling it the fifth or sixth or whatever “wave” we are on now, all the while urging the public to get injected as many times as necessary to “flatten the curve.”

Despite the fact that the injections are now known to be spreading the variants, the lying news media is hoping that most people have very short-term memories and will forget the truth out of fear that they might once again test positive for the Wuhan Flu.

In addition to higher death rates, vaccinated people who test positive for a variant are more likely than the unvaccinated to require hospitalization for their Chinese cold.

According to the latest data, a full 2.0 percent of vaccinated people who test positive for the Delta variant require emergency care, compared to only 1.48 percent of unvaccinated people.

“The current data is in keeping with data published last week by England’s public health agency that also showed a six-times greater death rate among the fully vaccinated than the unvaccinated and a hospital admission rate of 2.3 percent among those fully vaccinated at least two weeks earlier compared with just 1.2 percent among the unvaccinated,” further explains Celeste McGovern from LifeSiteNews.

All of this is only verifying what Massachusetts Institute of Technology (MIT) research Stephanie Seneff warned about antibody-dependent enhancement, or ADE, which is basically vaccine-induced immune damage that makes a person more prone to getting sick.

“It is conceivable to me that the laser-beam specificity of the induced antibodies is offset by a general weakening of innate immunity,” Seneff says.

“I also suspect that massive vaccination campaigns may accelerate the rate at which the vaccine-resistant mutant strains become dominant among all the SARS-Co-V2 [coronavirus] strains.”

To keep up with the latest nonsense about Chinese Virus “variants,” be sure to check out Pandemic.news.

Sources for this article include:




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