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A Felony to File Gun Laws? Is Missouri a Laughingstock?

Countless publications have pointed at legislation filed by pro-gun-ownership state Rep. Mike Leara as an example of how polarized the debate is.

 

Republican Missouri state Rep. Mike Leara of Sunset Hills launched a wave of blog posts and news articles this week (including an earlier article on Patch) when he introduced legislation that, if passed, would criminalize the act of introducing anti-gun legislation.

That's right: Proposing a law could get a member of the General Assembly thrown in the slammer.

Of course, it won't pass. Even he says so, in a statement widely repeated around the Internet in which he calls the proposed law a "statement in defense of the Second Amendment rights of all Missourians."

His proposal would make it a class D felony, punishable by up to four years in prison, to introduce legislation that restricts gun ownership.

That has made a list by Politico of some of the "bizarre" bills that have been introduced in state legislatures around the country — proposals that include allowing Montana state police to license residents to salvage roadkill meat; and allowing miniature horses to serve as service animals in Arizona.

Reaction from articles on the web seems to run from Politico's "bizarre" to incredulous from The Atlantic to fairly down-the-middle from Fox News, which also notes that any gun-control legislation is likely DOA in Missouri's heavily Republican General Assembly.

Now, we wouldn't dare suggest that the floor of the state legislature should restrict open debate and dialogue on issues mundane or extraordinary.

But is there a line? Is this an example of a "waste of time" as someone suggested in the Politico article? Does it make Missouri look like a backwater hick state? Or is it a worthwhile stand on an issue that's very important to millions of gun owners?

PREVIOUS CONVERSATION STARTERS:

Related Topics: Conversation Starter, Gun Laws, Mike Leara, and Missouri Legislature

FedUpVet

7:47 am on Sunday, February 24, 2013

Looks like it was done to show and mirror the extreme views of the other side of the debate. The far left want to make it a crime to posses any type of firearm. This was apparently an attempt to show how ridiculous both arguments are on the extreme sides and ends. Leara admitted that in one of his interviews.

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Dennis Broadbooks

8:06 am on Sunday, February 24, 2013

As Rush Limbaugh likes to say...sometimes you have to demonstrate absurdity by being absurd.

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RDBet

8:32 pm on Sunday, February 24, 2013

Your tea party cohorts -Tim Jones etal - take Rush Limbaugh's advice quite often.

Dan

9:52 am on Sunday, February 24, 2013

This bill, is in response to HB 545, introduced by Democrats Ellinger (Sponsor), Schupp, MCNEIL and Walton. HB 545 is a blatant violation of the US and State Constitutions in that it calls for outright confiscation by the State of Missouri of privately owned firearms. It is the product of a radical leftist group and history has witnessed this in Nazi Germany and all communist dictatorships. The bill's sponsors have violated their oath of office to uphold the Constitution of the United States and Missouri. As such they should removed from office. In a state where the requirement of a picture ID to vote is rejected (by these same people) as a Constitutional violation, this absurdity and outright attempt to subvert the Bill of Rights cannot be tolerated if we are to remain free.

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jade lenze

11:07 am on Sunday, February 24, 2013

Lets all hope by some miracle this passes

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Ann

12:19 pm on Sunday, February 24, 2013

Wow--talk about absurd--you guys are part of the reason we are a laughable state!!! NO ONE WANTS TO TAKE AWAY YOUR RIGHT TO OWN GUNS!!!!!! The left, I believe wisely, wants to keep military type weapons out of the hands of unstable criminals. Get a grip people--the NRA has you scared to death by their fear mongering. The NRA is a lobbyist group to make sure the gun industry thrives. To them it's only about MONEY!!!!

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Michael Davis

1:53 pm on Sunday, February 24, 2013

Ann you need to educate yourself about what you are talking about.
1. Yes they are trying to take away guns. See quote from sen. feinstein, Gov. cuomo, laws proposed in NY, MO, CA and other places.
2. They so-called assault weapons are not military type weapons. They merely look like them.
3. The NRA is a lobbyist group sure. They lobby for their 4 million gun owning members.

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Jason B

11:57 pm on Monday, February 25, 2013

Ann,

The bill proposed by Ellinger is what is absurd. Leara knew his bill was whacky when he submitted it. He did it to show how silly the HB 545 by Rory Ellinger is. How unconstitutional do ya think that sucker is? I believe you are scared of a type of gun that looks scary and you arent using your head. HB 545 would keep guns out of the hands of EVERYONE. Regulating us down to a double barrel shotgun DOES fly in the face of the 2nd Amendment. Leaving us regulated down to single shot 22 DOES fly in the face of the founders intent. Do me a favor please. I mean this with all due respect. Please go read up up in our founders own words as to WHY the citizens of this nation are to be armed. The NRA doesnt rule me and i do my research independent of what they say. You wanna get the guns out of the hands of criminals? Punish them harshly and to the fullest extent of the law when a crime is committed with a gun. I promise you there will still be criminals but if you are looking at hard time for life or death for robbing someone with a gun when you could do 3 years if you didnt use one, look and see how many criminals wont be armed. How about we stop our governement from supplying the criminals with guns in the first place. Fast and Furious, Behghazi are two examples and there are many more we dont know about Im sure and have been many in the past.

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Tom Maher

12:26 am on Tuesday, February 26, 2013

Oh, Jason B - in another post you claim that the writers of the amendment meant for citizens to have arms equal to those of an evil gub'ment's army's; so...since all that was around in those days were single-shot rifles and pistols - what would be a reason to interpret that the writers meant weapons capable of multiple shots with a single loading?
Unless - unless - it was interpreted by some of them thar "activist judges?" Ya think?
How can you bleat that single-shot rifles "fly in the face of the founders [sic] intent?"
Surely even you recognize that they were ignorant of multi-shot weapons - right? I thought not...
Therefore...

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Jason B

1:21 am on Tuesday, February 26, 2013

Tom your condescending attitude does you no favors. No one is bleating except you. Ill refrain from name calling.

To answer your question

Tench Coxe: “Congress have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birth-right of an American… [T]he unlimited power of the sword is not in the hands of either the federal or state governments, but, where I trust in God it will ever remain, in the hands of the people.”, Pennsylvania Gazette, Feb. 20, 1788.

At the time they were single shots but the sentiment has not changed. Ill not reply further to any of your venom. I happen to live in a part of the state that cherishes our freedom and yeah I do support SB-150 and similar bills. Thank God we can elect our own representation. Im proud to say up until this year Brian Munzlinger was my state senator. Yeah he is not one you would vote for Im sure but despite what you would like to believe the majority of us outside your urban cesspool dont agree with you.

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Tom Maher

1:50 am on Tuesday, February 26, 2013

Oh, Anonymous Jason B - Tench Coxe was writing merely an OPINION; his words were not law. That it was written by him hardly makes it anything more than an opinion. Ergo, his words have no effect as anything save an attempt to justify something else.

As to single-shot weapons, should you and the No Real Acumen Klub hew to the true meaning of the amendment? After all, they had only those weapons which were current at the time; since they knew not of multiple-shot weapons, why should the latter be not merely an interpretation of their thoughts? Ain't their ORIGINAL thoughts sacrosanct? Did the amendment say something to the effect of "...or whatever weapon may be devised in the future"? Did I miss that?
How do you know I do not live in a similar rural cesspool as do you?

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Michael Davis

5:10 pm on Tuesday, February 26, 2013

Tom Maher you say "Surely even you recognize that they were ignorant of multi-shot weapons - right?"

en.wikipedia.org/wiki/Girandoni_Air_Rifle

This mult shot air rifle was in use back then. If you think none of the Founding Fathers (who numbered some of the brightest and most educated people in the nation) even knew of it, why did they not say "the right to keep and bear muskets shall not be infringed"? They used a generic term "Arms" because they knew from history that technology changes over time and did not want to limit the right.

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Tom Maher

12:15 am on Wednesday, February 27, 2013

Michael Davis - you are being unrealistic when you mention the Girandoni. It was not invented until 1779 - the Constitution came nearly 10 years later.
The Girandoni was adopted by only one amy, the Austrian, in 1800. I'd suggest you read about it to learn why only one army in the world adopted it.
The multi-shot rifle was NOT in use back then - review the history.
You raise a good point about the word "arms" being used; while the framers were, indeed, some of the best and brightest, inferring that they knew of something which had yet to be invented is disingenuous. They did mistakes; remember slavery?

Brandon Lopez

12:14 pm on Sunday, February 24, 2013

Backwater hick state? Really? Are you embarrassed by the 2nd amendment? A "bizarre" legislation is any sort of gun restriction. The 2nd amendment is pretty clear on what right we have as law abiding citizens and "it shall not be infringed" upon. If believing in our constitutional rights makes me a crazy hick, then I'm the craziest wacko hillbilly in Missouri!

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James Schumaker

12:44 pm on Sunday, February 24, 2013

Actually, the U.S. Supreme Court recently ruled on the Second Amendment in District of Columbia vs. Heller. The majority opinion, written by conservative Justice Scalia, noted in part that: "Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.." This would make bills like that sponsored by State Rep. Mike Leara unconstitutional. Of course, we all know that Leara is simply pandering to his base of with a bill like this, and it is not serious legislation. The real question is why he is wasting everyone's time when Missouri has many real problems legislators should be addressing. Here is the complete text of the Supreme Court decision: http://www.supremecourt.gov/opinions/07pdf/07-290.pdf

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Michael Davis

7:39 pm on Sunday, February 24, 2013

James,
How do you reconcile "shall not be infringed"? The Supreme Court can make all the decisions in the world, but if they are not pursuant to the constitution then they are illegal according to the supremacy clause IN the constitution.

Federalist Paper #78 (para 10)

....…every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid.

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Tom Maher

10:48 pm on Sunday, February 24, 2013

Gawrsh - it looks like Mr. Davis, the Constitutional scholar, has hit upon a point ignored by his colleagues and attorneys!
Negate Brown v. Roard of Education ! Bring back separate-but-"equal"!
Negate Dred Scott v. Sanford ! The nerve of that man!
Negate Miranda v. Arizona ! He was a crook, anyway!
Negate District of Columbia v. Heller ! The No Real Acumen Klub is P.O'd!
Negate Lawerence v. Texas ! "Those people" are different, you know!
Negate Roe v. Wade ! Clear the back alleys!
Negate Bush v. Gore ! DEFINITELY!
Negate Citizens United v. Federal Election Commission ! Uh-Oh, now you are in the deepest do-do...

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James Schumaker

10:19 am on Monday, February 25, 2013

In answer to Michael Davis: We are talking about the law here, not theology. The Federalist Papers are just that, papers. They are not the Holy Bible. You can disagree with the Supreme Court, but I don't think you will have any luck asserting that your interpretation of the Constitution should prevail over that of the Court. That's what they are there for. If you don't like their decision, get the decision reviewed before the court again. Until then, it's the law of the land.

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Jason B

12:04 am on Tuesday, February 26, 2013

He showed the absurdity of Ellingers bill. To me that wasnt a waste of time. The founders were very clear in their intent of what the 2nd Amendment means. They fully intended for us to be able to go toe to toe with a standing army controlled by an out of control government.

Now granted they could not have imagined the heavy arms our military has now, but small arms are what they were thinking of. Even at that we dont have available what the military does just in those terms.

Sir if the feds manage to disarm us, the problems you reference in MO will be miniscule

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Tom Maher

12:17 am on Tuesday, February 26, 2013

Say there, Jason B - are you SURE that citizens' rights were not being trampled upon if, as you say, "we" needed equal arms to combat an "out-of-control" gub'ment?
After all those gub'ments had cannons, so citizens should have had access to cannons as well - right? Wha' hoppen there?
How can YOU be so sure they meant only "small arms?" Answer - you can't.

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Michael

4:22 pm on Tuesday, February 26, 2013

Guess whose cannons the Continental Army used against the British?

That's right, they were owned by private citizens.

Here's a shocker, guns capable of firing multiple rounds were in existence at the time of the writing of the constitution. In fact, the first machine gun was designed and built in 1718.

Yes, the framers of the Constitution took all of this into account. Tom, your argument is invalid.

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Michael Davis

5:19 pm on Tuesday, February 26, 2013

James,

I do not dispute it is the accepted law of the land. I just think it is wrong. I am not arguing before a court. I was just curious if anyone actually reads "shall not be infringed" and thinks to themselves ....you know...that really means they actually wanted a bunch of regulations and laws infringing the use of this right.

If you interpret something totally different then what it actually is....what is the point of it to begin with?

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Tom Maher

12:04 am on Wednesday, February 27, 2013

Oh, Brave (yet anonymous) "Michael" - you are being unrealistic about the first "machine gun" being available and even considered; had it been a viable design, it would have been produced (it was not).
I will grant that some privately-owned cannons MAY have been used against the British. However, virtually all were captured British cannons and those purchased from France.
The framers of the Constitution did not walk on water; they made mistakes in it.
You are being totally unrealistic when it comes to what they meant by "arms." You endow them with a prescience they just did not possess.
"Michael," your argument is invalid.

Patrick Crowley

1:31 pm on Sunday, February 24, 2013

Equalize all by removing restrictions on fire arms ownership and possession
with the exception of the "full automatic" restriction of course. Having the
full population armed what idiot would try do pull off a drive-by shooting if
everyone on the street fires back at the cars occupants as they drive down
the street? What rapist/murderer would approach a woman wearing a
Colt Combat Commander on her hip? Would a bank robber try to rob a
bank if there were 20 armed men and women in it?

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ReverePaul

2:07 pm on Sunday, February 24, 2013

You know shootings in the streets are not the only gun problems, go look at suicide rates for gun-inflicted wounds. There have also been numerous studies that prove it is more dangerous to have a gun in the house than to not have one.

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Philip

11:44 am on Monday, February 25, 2013

Most people don't look at the militia act of 1792 or 1930 very often when quoting the 2nd Amendment. Look up my blog post at http://ofallon.patch.com/blog_posts/gun-control-who-has-the-right.
While I did not attribute all passages I did look up the Militia Acts of 1792 and 1930 while writing the post.

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Jason B

12:22 am on Tuesday, February 26, 2013

Revere Paul,

I work in EMS. Guess how many people dont use guns to kill themselves. Taking guns wouldnt stop suicides at all. There are a lot of ways to kill yourself. I have had and will continue to have numerous guns in my house and the only people it is dangerous too are the ones who would break in. Those "studies" are biased.

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Tom Maher

12:29 am on Tuesday, February 26, 2013

Oh, Anonymous Jason B - the "studies" promulgated by the No Real Acumen Klub are not biased?
Say - I have a bridge in Brooklyn that you might be interested in...

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ReverePaul

9:35 am on Tuesday, February 26, 2013

Why don't you read this article and educate yourself a little Jason B

http://www.nytimes.com/2013/02/14/us/to-lower-suicide-rates-new-focus-turns-to-guns.html?pagewanted=all&_r=0

You'll probably just brush it off saying The New York Times is too left-leaning to be credible, even though it's regarded as the best newspaper in our country. Read the article and tell me if you can find any bias.

Jh

2:11 pm on Sunday, February 24, 2013

I would suggest one take a look at Pakistan for a glimpse of how a profoundly religious country with limited government, and very loose gun laws get along.

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Jh

2:13 pm on Sunday, February 24, 2013

....Its also amusing to me that white men in state legislature play politics, but thats ok, but black women in state legislature just play politics.

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Tom Maher

3:04 pm on Sunday, February 24, 2013

Ah, yes - I see the No Real Acumen kids have received their "ALERT-ALERT" email from the mother ship in D.C. Did Wayne sign it?
First it's Akin and then overriding the votes of the electorate, and now Leara; Leno and Letterman, et al, should send the Legislature roses.

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Car Code

3:19 pm on Sunday, February 24, 2013

Make drones and IED legal for personal use. With no F-15 in MO national gaurd, I need more protection from corrupt republicans.

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Don

9:04 pm on Sunday, February 24, 2013

The U.S. is the most violent nation in the world. More people have been killed by guns in the U.S. since 1968 than in all the wars we've EVER fought in. As a child (before guns were so plentiful) I was much safer on the street than I am now. Guns are the problem - not the solution. I don't think the police should ever be put in the position of being out-gunned. I don't trust the extremists right-wing fringe or the NRA gun industry lobby that believes the 2nd amendment gives them unrestricted rights to firearms and profit. The 2nd amendment begins "a well regulated militia". I see nothing well regulated about the nut jobs demanding more guns and I don't believe we need or want any vigilante mobs patrolling our streets. The current Missouri legislature is leading the state on a race to the bottom led by A.L.E.C. and Grover Norquist - not the needs of the people of Missouri. The Missouri State Motto: "Salus populi suprema lex esto" translates to "The welfare of the people shall be the supreme law". Those in control of the legislature have lost their purpose.

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Michael

4:27 pm on Tuesday, February 26, 2013

You trust the police? There's mistake number one.

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Tom Maher

12:18 am on Wednesday, February 27, 2013

Oh Brave (yet anonymous) "Michael" - I daresay you would be reluctant to repeat that statement to a LEO.

APS221

2:05 am on Monday, February 25, 2013

The folks in Jeff City do this all the time. They know the media won't pay attention to a regular press release, so they propose a bill. Now that it has "HB" in front of it, the media pays attention.

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T

6:25 am on Monday, February 25, 2013

None of this would be happening if the federal government was acting within its proper sphere.
People fear the government as never before and feel a tremendous need to arm themselves.

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The Missourian

9:20 am on Monday, February 25, 2013

Maybe hillbillies irrationally fear the gub'ment. The sane majority thinks expanded gun control makes sense.

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Jason B

12:52 am on Tuesday, February 26, 2013

The sane ones fear the government, and know that they have overstepped and usurped powers they were never meant to have. The irrational ones are those who think disarming the citizens is a good idea. Give up your guns if you want comrade, Ill be keeping mine.

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Tom Maher

1:02 am on Tuesday, February 26, 2013

Oh, Anonymous Jason B - you are a law-abiding and patriotic citizen, right?
In the (unlikely) event this bill were to pass, would you break the law? If so, are there other laws which you hold yourself above?
Why would it be OK for the Legislature, through a different bill, to forbid LEOs to enforce a Federal law and you to flout a state law?

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Michael

4:30 pm on Tuesday, February 26, 2013

T speaks words of wisdom. If you think fear of government is irrational, then you are just flat out stupid.

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Michael Davis

5:25 pm on Tuesday, February 26, 2013

Tom Maher, you said "If so, are there other laws which you hold yourself above?"

For myself, I consider myself above any man made law that takes away my rights. Would you give up freedom speech or religion if the government told you to?

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Tom Maher

11:47 pm on Tuesday, February 26, 2013

Ahh, Michael Davis - you would hold yourself above laws as not applying to YOUR sense of entitlement - right?
So "I don't wanna obey this law; in MY perception, it violates my rights - so I won't obey it."
Unfortunately, we don't have a choice in choosing which laws to obey and which laws to flout, based on our caprice.

Elizabeth O'Fallon

9:28 am on Monday, February 25, 2013

Kurt, are you also going to do a story on the Missouri Dems who want to make it a felony to restrict union power? Both bills are similarly ridiculous. http://dailycaller.com/2013/02/22/missouri-dems-want-to-make-it-a-felony-to-restrict-union-power/

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The Missourian

9:40 am on Monday, February 25, 2013

^ What's more ridiculous is letting ALEC write our laws from afar.

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Tom Maher

10:52 am on Monday, February 25, 2013

Ahh, Ms.O'Fallon - the bill of which you speak was introduced as a counterpoint to show the ridiculousness of Rep. Leara's bill.
But you knew that and still...

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Jason B

12:53 am on Tuesday, February 26, 2013

ANNNNDDD Learas bbill was intorduced as a counterpoint to HB 545 to show how ridiculous it was.

But you knew that and still.........

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Tom Maher

1:04 am on Tuesday, February 26, 2013

Ahh, Anonymous Jason B - apples and oranges, dear sir.
But you knew that and still...

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Tom Maher

9:04 am on Tuesday, February 26, 2013

Ahh, but Elizabeth - I would agree that both bills are dumb, but - if Leara can introduce a stupid bill to show his pique, why cannot Roorda? Are only GOPpers allowed to demonstrate their choler? How does that work?

OT, but I will give you props for being brave enough to post under your own name.

Elizabeth O'Fallon

8:25 am on Tuesday, February 26, 2013

Both bills are stupid and Reps are stupid for proposing them. What's your point Tom?

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jade lenze

9:18 am on Tuesday, February 26, 2013

How can you people not only let your rights be taken away, but to willingly give them up?!? Im ashamed to be a part of a country with people that allow their rights to be taken away.. I agree, criminals should not have guns.. So why should everyone else suffer from the poor choices of such criminals?!

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Caffeinated

9:21 am on Tuesday, February 26, 2013

" I agree, criminals should not have guns.. So why should everyone else suffer from the poor choices of such criminals?!"

You really shouldn't be lecturing anyone on poor choices. I would also offer the opinion that perhaps you have other things to be ashamed of besides your country:

http://stcharles.patch.com/articles/police-man-nabbed-for-making-meth-five-months-after-lab-explosion-burned-woman

curly

9:50 am on Tuesday, February 26, 2013

Blah Blah Blah is all i hear in these comments! I will keep my guns, I will teach my children about guns and how to use for their own personal safety. Quite frankly folks the guns are already out there and in the hands of the unknown. No way to get them back now. Just have to learn to adjust to this stupid world and protect ourselves!

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The Missourian

10:05 am on Tuesday, February 26, 2013

Typical conservative: It's hard to solve, so why bother.

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Steve ®

10:10 am on Tuesday, February 26, 2013

Typical Liberal: We can't figure our how to stop bad guys with guns so lets pass more pointless legislation on the law abiding citizen.

Curly did have a solution, you just missed it or didn't care or didn't understand.

Ask yourself this: The criminal doesn't follow the 50 guns laws now on the books, why would the follow the 51st?

curly

10:26 am on Tuesday, February 26, 2013

yep exactly! You can't legislate "CRAZY". So i will protect myself to the fullest extent regardless of laws. Sorry thats my opinion!

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curly

10:38 am on Tuesday, February 26, 2013

Steve: Yes, thats my point! lets keep spending money on pointless legislation thats not going to do any good for our country, because who's going to enforce the issue to begin with, the crooked cops that are out there who want to make a dollar?

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The Missourian

10:39 am on Tuesday, February 26, 2013

Curly offered no solution. If by solution, you mean resigning himself to the present state of affairs and accepting the barbaric behavior around him as an immutable fact, then yes, he offered a solution. To me he offered a lazy copout. If as a culture we aren't prepared to take kids from trash parents and put them into better homes at early ages - and trash parenting is the true cause of the majority of violent crime - then you deal with the weapons used to commit violent crimes and the path those weapons take to get into criminals' hands.

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Steve ®

11:26 am on Tuesday, February 26, 2013

Self defense is is not barbaric. It is something humans have done since the beginning of life. I wear a seat belt to protect myself if some bonehead t-bones my Escalade. I carry a gun in the hood to protect myself if some crazy feels that Escalade can generate income.

Like curly said, you can't legislate "CRAZY"

curly

11:44 am on Tuesday, February 26, 2013

Missourian: Put your cape on and save everyone please!

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Reverend Scott E. Lee

11:30 pm on Thursday, March 21, 2013

I propose that ALL firearms can be banned without violating the Second Amendment.

As a reminder, this is the text that was ratified by the States: "A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed." It is NOT the same as the text passed by the Congress: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

I don't care about militia. I don't care about stockpiles either. I'm going after the word 'arms'. Arms are not limited to guns. Arms are weapons. A sword is a weapon. A bow is a weapon. A baseball bat is a weapon. A stapler is a weapon. A foot is a weapon. As such, they are all also arms. Oh, and your arms are weapons and are therefore arms. Ban all guns and the people still have the right to keep and bear any other arms they like. Your right to bear arms still exists.

I think the Congress could (in theory, obviously) whip out Article 1, section 8, clause 3 and Article 1, section 8, clause 18 of the Constitution and pound guns into dust. The International and Interstate Commerce Clauses could be used to make the importation, transportation, transfer, gift or sale of any firearm illegal.

You want to fire guns? Join the police, the FBI, or a branch of the military. Enjoy.

Before you question my patriotism, I was in the U.S. Navy from July 1985 to November 1989. Suck it.

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