Override of gun bill veto appears iffy

Some members of the state legislature from Southeast Missouri are questioning the likelihood of a planned veto override this week for a bill that would nullify federal gun control laws and could make it illegal for federal law enforcement officials to enforce federal gun laws.

State Rep. Steve Hodges, D-East Prairie, voted for the bill during the regular session in May, to try "to reinforce my support for Second Amendment rights" during a run for Congress, he said. But he said he won't support an override because he said he believes the bill would immediately face a challenge in court if enacted.

For that reason and others, including that he said he thinks federal law-enforcement officials could be prevented from fulfilling their job responsibilities if the law is enacted, he will not vote for the override. Hodges lost his bid for Missouri's 8th Congressional District to Jason Smith, a Salem, Mo., Republican who served as Speaker Pro Tem in the Missouri House of Representatives.

Missouri Attorney General Chris Koster warned last week in a letter to House Speaker Tim Jones that the bill could prevent police from cooperating with federal authorities and allow criminals to sue police and prosecutors for referring gun cases to federal officials. Several prominent law enforcement officials throughout the state also oppose the veto override for that reason.

The bill is sponsored by Doug Funderburk, a St. Peters, Mo., Republican representative. Funderburk said Koster was reading too much into the legislation and that a court first would have to determine that a federal law infringes on Second Amendment rights before it is considered invalid in Missouri.

Rep. Donna Lichtenegger

State Rep. Donna Lichtenegger, R-Jackson, also voted for the bill in the regular session but said last week she hasn't decided whether she will support a veto override. She has questions for the bill's sponsor about the possibility of federal officers being subjected to an arrest for enforcing laws.

"If anything, I think the bill needs to be tweaked," Lichtenegger said, "and although I have been told that federal officers are not going to be arrested for doing their jobs, I don't see why there is a need to take that chance."

The bill is named the "Second Amendment Preservation Act." In addition to nullifying federal gun laws, it contains a provision that would make concealed-carry permit holders' information a closed record under the Missouri Sunshine Law and other provisions that could make publishing the name or other identifying information of a gun owner illegal. An opponent of those provisions is the Missouri Press Association, which last week voted to seek injunctive relief and a court determination on the constitutionality of those provisions if the veto override occurs. The Southeast Missourian is a member of the association.

Hodges said the bill in its totality will not work for the state and should be viewed as an attempt by gun-rights supporters to make a gain for their political reputation.

"I think supporters of this override are taking it a little past reality to show they are for gun rights," he said. "But we aren't a rebel state. This isn't the wild, wild West."

Opponents of the veto override also agree with another opinion by Koster that the bill would create confusion about Missouri's concealed-carry laws. Another argument against the bill is that, as Koster wrote, "state nullification of laws is unlawful," as seen in the example set by the U.S. Supreme Court's opinion in Cooper v. Aaron, in which the Arkansas legislature attempted to nullify a federal desegregation law.

Supporters of the bill claim it will ensure that only the state can regulate firearms and that the bill will protect the rights of law-abiding gun owners.

-- The Associated Press contributed to this report.

eragan@semissourian.com

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