Missouri Moves Forward With “Anti-Red Flag” Gun Confiscation Order in The State House

On March 22, 2023, Missouri House  Emerging Issues Committee held a hearing on a bill that would prohibit  state and local officials from implementing federal “extreme risk” protective orders, better known  as red flag gun confiscation orders. State Representative Bill Hardwick filed House Bill 701 (HB701) on January 5. The bill is titled “the Anti-Red Flag Gun Seizure Act,” and would ban any city, county, or state official from enforcing any federal law “purporting to implement or enforce” a red flag gun confiscation order.

Red flag gun confiscation orders are clearly unconstitutional given how they infringe on an individual’s right to due process and their right to bear arms by confiscating their property without them being arrested and charged with a crime, let alone be put on trial and receive a conviction.

On top of that, the state would also be banned from using federal grants to implement any of these measures.

TJ Martinell of the Tenth Amendment Center noted that “Refusal to cooperate with federal enforcement rests on a well-established legal principle known as the anti-commandeering doctrine.” Martinell added that under this principle, “the federal government cannot force states to help implement or enforce any federal act or program.” This doctrine is largely based on five Supreme Court cases that date back to 1842. Printz v. U.S. serves as the legal bedrock of this doctrine. 

Since passing Constitutional Carry in 2016, Missouri has emerged as one of the nation’s most pro-gun states in the country as evidenced by its solid 17th place ranking in Guns & Ammo magazine’s best states for gun owners rankings. This state will be among many other red states who will be leading the nullification revolt against the federal government in the decades to come. 

The only way to beat back federal tyranny is by pressuring elected officials at the state level passing laws that mandate state and local law enforcement to not participate in the enforcement of unconstitutional gun control laws. 

The way we defeat the federal beast is by passing solid pro-nullification legislation and not complying with federal tyranny.

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