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Preemption Bill 2009
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tjgmba
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Joined: Sat Dec 27th, 2008
Location: St. Louis, Missouri USA
Posts: 17
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 Posted: Fri Feb 27th, 2009 10:44 pm
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Deepdiver, wow.  Thanks.  This is great.  I cut and pasted this to my rep and senator.  Super work.  Everyone else interested should grab this support note and send it off.

TG

Carnivore
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Joined: Fri Aug 29th, 2008
Location: ParkHills, Missouri USA
Posts: 811
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 Posted: Fri Feb 27th, 2009 11:01 pm
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I never thought about using someones words as a standard format, if thats the case, then someone type up a standard format and we'll all add our names..

here's what I've been sending, does it read as acceptable?

 

Please find in your reasoning, positive support for HB 875.
In these tough economic times Missourians should have the choice of not paying a lein on maintaining their personal protection, (ie) Conceal Carry Weapons Permit. To conceal a weapon is a privilege granted by the state of Missouri which is all well and good with the legal citizens intent.
The right to bear arms,(ie) Open Carry in the proper fashion is a right that the oath of office guarantees under the 2nd amendment for all law abiding citizens.
  Missouri is known for raising the bar and initiating a standard that many other states govt's. model after, please find that HB 875 passes for We The People.

Thank you for your consideration

deepdiver
Activist Member


Joined: Mon Apr 2nd, 2007
Location: Missouri USA
Posts: 4629
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 Posted: Fri Feb 27th, 2009 11:58 pm
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tjgmba wrote: Deepdiver, wow.  Thanks.  This is great.  I cut and pasted this to my rep and senator.  Super work.  Everyone else interested should grab this support note and send it off.

TG
Glad you liked it.  I did notice a few minor changes I would make if people wanted to use that as a "form letter".  While I did not keep a copy of the letter to my senator, I can tweak this one as I did before for state senators. 

I intentionally stayed away from explicately bringing up OC.  While we understand that gold star OC status would be the outcome of the bill as written unless the legislature passed further restrictions I don't think that pointing this out is our best strategy.  It is easy for opponents to argue against OC in sound bites of "old west".  Our counter is less easily boiled down. 

Therefore, I focused on the issue from the perspective that the current laws create a hazard for law abiding citizens who would never intentionally commit an infraction.  It is much harder for the antis to argue against this position with sound bites.  However, we can argue this point as an equal protection and civil rights issue.  From this perspective we could maybe say, "And at one time you would be breaking the law if you accidentally drank from the wrong water fountain or sat in the wrong seat on the bus just like law abiding gun owners now can break the law just by crossing an unseen boundary between two irregularly shaped cities."

If others like my approach I will be happy to post up 2 letters, one for senators and one for reps, that people can use as a template for sending.  I may just do it anyway as it is a good exercise for the little grey cells as Poirot would say.

ute
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Joined: Sun Dec 30th, 2007
Location: Taney Co., Missouri USA
Posts: 10
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 Posted: Sat Feb 28th, 2009 02:23 am
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Deepdiver - if you draw up the letters ,I'd like the first two copies! Great work!

thanks ute

deepdiver
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Joined: Mon Apr 2nd, 2007
Location: Missouri USA
Posts: 4629
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 Posted: Sat Feb 28th, 2009 07:31 am
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Always happy to support the cause!!  If anyone sees errors, flaws or problems please let me know so I can address them.  My proposed form letters:

Dear Representative _______:
I'm writing to ask your support of HB 875, state-wide firearm preemption, this legislative term.  Despite certain preemptions for concealed carry, Missouri remains a patchwork of conflicting and confusing firearm laws which could lead to a law abiding, conscientious citizen inadvertently committing a crime.  Many states such as Pennsylvania, Virginia, Kentucky and Washington have such preemption laws to protect their law abiding citizen who choose to legally carry self-defense firearms from accidental legal violations for simply crossing a county or municipal boundary.

As you likely know, those of us who legally carry firearms for self-defense are among the most law abiding citizens in the nation with far lower rates of contact with law enforcement for even minor violations such as traffic tickets than the general population.  That we very law abiding citizens could inadvertently commit a serious crime leading to arrest, criminal charges, significant legal expenses, incarceration, seizure of our firearm (many costing four figures) and the loss of our right to own, use or bear arms in the future merely by crossing a county or municipal boundary even if unseen or unmarked is frightening to many of us.  Statewide preemption on all firearms laws (reasonably excepting regulating the discharge of firearms for non-defensive purposes) to ensure consistency statewide as set out in HB875 protects us from such unintended situations.

Thank you for your consideration

Dear Senator  _______:
I'm writing to ask your support of state-wide firearm preemption this legislative term as contained in pending HB 875 if it passes in the House. Despite certain preemptions for concealed carry, Missouri remains a patchwork of conflicting and confusing firearm laws which could lead to a law abiding, conscientious citizen inadvertently committing a crime.  Many states such as Pennsylvania, Virginia, Kentucky and Washington have such preemption laws to protect their law abiding citizen who choose to legally carry self-defense firearms from accidental legal violations for simply crossing a county or municipal boundary.

As you likely know, those of us who legally carry firearms for self-defense are among the most law abiding citizens in the nation with far lower rates of contact with law enforcement for even minor violations such as traffic tickets than the general population.  That we very law abiding citizens could inadvertently commit a serious crime leading to arrest, criminal charges, significant legal expenses, incarceration, seizure of our firearm (many costing four figures) and the loss of our right to own, use or bear arms in the future merely by crossing a county or municipal boundary even if unseen or unmarked is frightening to many of us.  Statewide preemption on all firearms laws (reasonably excepting regulating the discharge of firearms for non-defensive purposes) to ensure consistency statewide as set out in HB875 protects us from such unintended situations.

Thank you for your consideration


Last edited on Sun Mar 1st, 2009 01:19 am by deepdiver

Shawn
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Joined: Sat Jun 24th, 2006
Location: Missouri USA
Posts: 276
Status:  Offline
 Posted: Sun Mar 1st, 2009 06:28 am
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deepdiver wrote: Always happy to support the cause!!  If anyone sees errors, flaws or problems please let me know so I can address them.  My proposed form letters:




Deep,

Don't forget that this bill forces the political subdivisions to incorporate the justifiable use of force defenses into local ordinances regarding weapon offenses, besides establishing complete firearm preemption. 

This means that no "Gun Control" statue by the state or federal law will be touched.  Since a person is always charge with a state violation (felony), there is no reason to have multiple jurisdictions regulating any aspect of the rkba. 

Also, they can still regulate the discharge of a weapon, but NOT if somebody falls under the J of F statues. 

Keep up the good work.  I hope we all are painting the correct picture for our representatives and senators.  They might not read and understand the bill and if we explain exactly what is in it...there is no reason other then they don't want you to be able to exercise your rights.

deepdiver
Activist Member


Joined: Mon Apr 2nd, 2007
Location: Missouri USA
Posts: 4629
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 Posted: Mon Mar 2nd, 2009 06:39 pm
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Good point, Shawn and perhaps I should have explicately addressed that.  I'll re-read the bill and mull it over a bit.

Got a response from my state senator Jason Crowell today as well:

Mr. Deepdiver-

Thank you for your email.  Please know that I fully support the second
amendment and appreciate greatly your email in support of hb 875.

Jason



Carnivore
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Joined: Fri Aug 29th, 2008
Location: ParkHills, Missouri USA
Posts: 811
Status:  Offline
 Posted: Mon Mar 2nd, 2009 10:16 pm
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From:

"Linda Fischer" <Linda.Fischer@house.mo.gov>Add sender to Contacts



To:
js_moss@sbcglobal.net


Jesse and Sherry,

I strongly support 2nd Amendment rights in the entire context it was
meant.  You can be assured if a House Bill deals with gun owner's
rights; I will be supporting all legislation in that regard. 

Thank you for contacting me regarding HB 875.   

Repectfully,


Representative Linda Fischer
107th District
201 W Capitol Ave. 115-G
Jefferson City, MO  65101
Office 573-751-2317
Fax    573-522-6297

Shawn
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Joined: Sat Jun 24th, 2006
Location: Missouri USA
Posts: 276
Status:  Offline
 Posted: Tue Mar 3rd, 2009 12:04 am
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deepdiver wrote: Good point, Shawn and perhaps I should have explicately addressed that.  I'll re-read the bill and mull it over a bit.

Got a response from my state senator Jason Crowell today as well:

Mr. Deepdiver-

Thank you for your email.  Please know that I fully support the second
amendment and appreciate greatly your email in support of hb 875.

Jason

DD,  Jason rocks...can you get him to sponsor the exact same bill in the senate?  I would push the J of D and that NO other "gun control" state or federal laws will be effected in any emails.

deepdiver
Activist Member


Joined: Mon Apr 2nd, 2007
Location: Missouri USA
Posts: 4629
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 Posted: Tue Mar 3rd, 2009 04:35 am
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I thought it was too late for them to present new bills in the Senate and that the Senate wouldn't take this up unless passed in the House.  If I am misunderstanding this matter I am happy to encourage him to sponsor it.

Shawn
Regular Member
 

Joined: Sat Jun 24th, 2006
Location: Missouri USA
Posts: 276
Status:  Offline
 Posted: Tue Mar 3rd, 2009 05:35 am
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http://www.senate.mo.gov/schedule-2009.htm

I think we still have time...60 days to file one.

Shawn
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Joined: Sat Jun 24th, 2006
Location: Missouri USA
Posts: 276
Status:  Offline
 Posted: Tue Mar 3rd, 2009 06:48 am
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Hope this helps...I won't email them all, but I will email those I do individually.

Couldn't get the excel to upload..put it in this word doc.

Attachment: Missouri 2009 House of Representatives.doc (Downloaded 23 times)

tjgmba
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Joined: Sat Dec 27th, 2008
Location: St. Louis, Missouri USA
Posts: 17
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 Posted: Fri Mar 6th, 2009 10:14 pm
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I heard Ken Jones (Rep, Dist 117) on KMOX radio (StL) this morning talking about HB 668 (Castle Doctrine):  http://house.mo.gov/content.aspx?info=/bills091/bills/HB668.htm.

He said it's just come out of committee and he said it was going to be packaged with a couple other gun-related bills.  I'm wondering if one if them is HB 875:
http://house.mo.gov/content.aspx?info=/bills091/bills/HB875.htm.

I've sent his office and my rep an email asking if they can't combine ours with 668, which seems to be heavily favored by both reps and senators.

Can you guys find anything else out about this?

Tom Grady
314-346-3548

tjgmba
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Joined: Sat Dec 27th, 2008
Location: St. Louis, Missouri USA
Posts: 17
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 Posted: Fri Mar 6th, 2009 10:33 pm
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Here's what I sent to Kenny Jones and Scott Larget:

Kenny, Scott, I heard Kenny on KMOX this morning talking about HB 668.  Scott, et all have introed HB 875.  I thought I heard Kenny say something about 668 just coming out of committee and will probably be combined with a couple other related bills.  I'm wondering if one of those could not be HB 875?
  Can either of your gentlemen respond on this.  And if 875 can't be combined with 668, Scott, can you fill me in on 875's status and prospects.  I'm a major proponent on this and am in constant communication with many many other interested parties on a related forum here in Missouri.   Thanks for your help.   Thomas Grady 314-346-3548   BTW, I've asked Doug Funderburk and Sen. Scott Rupp to support 875.  Scott, can you work on Doug for us?

tjgmba
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Joined: Sat Dec 27th, 2008
Location: St. Louis, Missouri USA
Posts: 17
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 Posted: Thu Mar 12th, 2009 12:14 am
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Scott Largent called me yesterday.  I had sent him an email asking if they could wrap OC's bill 875 in with Kenny Jones' Castle Doctrine bill 668.  I had heard Kenny Jones say on KMOX radio that the Agri-Business Committee, where the two bills reside, would be wrapped up with a few other related bills.

The bottom line in my discussion with Largent was that 668 is quite popular and will likely pass on the floor, and they wrap in bills that are less - but not a whole lot less - popluar than the main bill.  This way more of them get's passed.

He did not say directly, but he did imply, that our 875 is not high up on the popularity list with other House or Agri-Bus committee members.  He did not say it would NOT eventually be combined with the group that hit the floor but it didn't look promising.  It may end up going out to the floor all by itself and perhaps not garner necessary support.

Here are links to the bills:

668 -  http://house.mo.gov/content.aspx?info=/bills091/bills/HB668.htm.

875 - http://house.mo.gov/content.aspx?info=/bills091/bills/HB875.htm.

And here's a link to the members of the Agri-Bus committe, who makes the decisions on what get's bundled and what doesn't - http://house.mo.gov/content.aspx?info=/bills091/commit/com003.htm.

We may want to get ahold of these folks and impress upon them the importance of wrapping 875 into the bundle that goes to the floor.  I'd bet we have a better chance of getting it passed.

TG

Shawn
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Joined: Sat Jun 24th, 2006
Location: Missouri USA
Posts: 276
Status:  Offline
 Posted: Thu Mar 12th, 2009 03:33 am
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I learned a couple of things today....HB 875 has been sent to the AGRI-BUSINESS COMMITTEE.  Also, once filed, no additional co-sponsors can be made.

http://house.mo.gov/content.aspx?info=/bills091/commit/com003.htm

Committee Members


Munzlinger, Brian, Chair - Brian.Munzlinger@house.mo.gov 
Fisher, Barney Joe, Vice Chair - Barney.Fisher@house.mo.gov
Aull, Joe - (D) Joe.Aull@house.mo.gov
Guernsey, Casey - Casey.Guernsey@house.mo.gov
Guest, Jim -  Jim.Guest@house.mo.gov
Hobbs, Steve - Steve.Hobbs@house.mo.gov
Rucker, Martin T. - (D) Martin.Rucker@house.mo.gov
Schad, Rodney - Rodney.Schad@house.mo.gov
Shively, Tom - (D) Tom.Shively@house.mo.gov
Swinger, Terry - (D Minority Caucus Chair) Terry.Swinger@house.mo.gov
Thomson, Mike - Mike.Thomson@house.mo.gov
Todd, Tom - (D) Tom.Todd@house.mo.gov


I sent an email to Rep Brian Munzlinger (Co-Sponsor of the bill), asking when it was scheduled for a hearing.

Shawn
Regular Member
 

Joined: Sat Jun 24th, 2006
Location: Missouri USA
Posts: 276
Status:  Offline
 Posted: Thu Mar 12th, 2009 03:43 am
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From: Linda Fischer [mailto:Linda.Fischer@house.mo.gov]
Sent: Tuesday, March 10, 2009 3:17 PM
To:
Subject: RE: Firearm Preemption Legislation - HB 875

 

Shawn,

 

I support HB 875, and ALL 2nd Amendment friendly bills.  Thanks for sharing your concern for our right to bear arms.

 

Repectfully,



Representative Linda Fischer

107th District

201 W Capitol Ave. 115-G

Jefferson City, MO  65101

Office 573-751-2317

Fax    573-522-6297




From: 
Sent: Monday, March 02, 2009 6:45 PM
To: Linda Fischer
Subject: Firearm Preemption Legislation - HB 875

 

Representative Fischer,

 

I’m writing to you today to ask that you co-sponsor HB 875 and fight to see that it passes the house.  This bill will ensure that all political subdivisions enforce state law and incorporate the Justification of Defense statues into their ordinances (RSMo 563).  This bill in no way removes or affects any of the state firearm laws found in RSMo 571 (Weapons Offenses).   This bill will allow gun owners to follow state law in all jurisdictions and although political subdivisions may still regulate the discharge of firearms, a person will have option to prove they fall under a Justification of Defense, if they had to discharge their firearm.

Please let me know if you have any questions about this legislation and if you will be able to co-sponsor it.


 

Thank you,

Shawn

Shawn
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Joined: Sat Jun 24th, 2006
Location: Missouri USA
Posts: 276
Status:  Offline
 Posted: Thu Mar 12th, 2009 03:46 am
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From: Jason Smith [mailto:Jason.Smith@house.mo.gov]
Sent: Tuesday, March 10, 2009 11:11 PM
To:
Subject: RE: Firearm Preemption Legislation - HB 875

 

Shawn,

Thanks for your email.  The bill has already been filed, so I can’t be a cosponsor.  However, I want you to know that I do support this bill.  Thanks again for taking time to contact our office.

Jason

 

For a Better Missouri,

 

Jason T. Smith

State Representative

Proudly Serving the 150th District

Phone:  (573) 751-1688

Fax:  (573) 526-1806

Email:  jason.smith@house.mo.gov

Shawn
Regular Member
 

Joined: Sat Jun 24th, 2006
Location: Missouri USA
Posts: 276
Status:  Offline
 Posted: Thu Mar 12th, 2009 03:48 am
 Quote  Reply 
From: Mark Parkinson [mailto:Mark.Parkinson@house.mo.gov]
Sent: Wednesday, March 11, 2009 12:21 AM
To:

Subject: RE: Firearm Preemption Legislation - HB 875

 

Mr. *,

 

Per the rules of the Missouri House, I can not co-sponsor legislation once the bill has been filed.  I will, however, support this fine piece of legislation if it comes to the floor for a vote.

 

MARK

Shawn
Regular Member
 

Joined: Sat Jun 24th, 2006
Location: Missouri USA
Posts: 276
Status:  Offline
 Posted: Thu Mar 12th, 2009 03:49 am
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From: David Day [mailto:David.Day@house.mo.gov]
Sent: Wednesday, March 11, 2009 7:16 AM
To:

Subject: RE: Firearm Preemption Legislation - HB 875

 

Dear Shawn,

 

I will not be able to co-sponsor the legislation because if there is a bill number already assigned the co-sponsorships are already closed.  However, I will support the legislation when it gets to the floor.

 

Thanks for the note and your opinion, I value it.

 

Best wishes,

 

Dave

 

David Day

State Representative

148th District


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