Senate majority floor leader Caleb Rowden said they have to enact a statewide PDMP to save us from the St. Louis County PDMP, which occurred under admitted felon, County Executive Stenger.
He acknowledged the dangers a PDMP presents to the right to bear arms. He said, “I think there’s a world in which the federal government can get ahold of the database that’s being put together from the St. Louis County program.”
He’s right. We know this to be true, not only of St. Louis County—but 49 other states PDMP. Why would Missouri want to include all of our citizens in this massive federally accessible program? Why would you want your information easily accessible to unrestricted law enforcement? Why would you want your Missouri legislators to expose you to gun confiscation because you may have at some time in your life used a legally prescribed medication?
STATES THAT PROTECTIONS CAN BE ADDED IN Senate Bill 155 & House Bill 188 TO PREVENT THE attack on the 2nd Amendment and 4th Amendment.
Senator Rowden went on to say, “If we do nothing [about the St. Louis County PDMP], then you should be concerned about the 2nd Amendment stuff, there’s no doubt about it.”
But can the PDMP bill actually protect Missourians’ 2nd and 4th Amendment rights?
Unfortunately, they don’t. They can’t. Impossible.
The clause purported to provide 2nd Amendment protections is section 195.456.7: “No dispensation information submitted to the department shall be used by any local, state, or federal authority to prevent an individual from owning or obtaining a firearm.”
Everyone knows that there is nothing a state can put into statute that dictates what other states or the federal government must or must not do. Nothing.
Section 195.456.7 has absolutely no effect where federal gun control laws are concerned.
The same can be said of the 4th Amendment “protections” in the bills of other states. The state of Oregon learned this the hard way. In Oregon Prescription Drug Monitoring V. US DEA, (860 F. 3d 1228 – Court of Appeals, 9th Circuit 2017.), the 9th Circuit wrote, “We also hold that the federal administrative subpoena statute, 21 U.S.C. § 876, preempts Oregon’s statutory court order requirement…”
We must conclude that there is nothing that can prevent THE FEDERAL GOVERNMENNT TO USE THE PDMP BASE to NULIFY OUR 2ND AND 4TH AMENDMENT RIGHTS.
There is a pending court challenge to the St. Louis County PDMP. The legislature should not wait for the opinion in that case, it should use HB 188 for the purpose Sen. Rowden identified by amending it to forbid local PDMPs in the entire state and forget about establishing a statewide threat to 2nd and 4th Amendment rights.
Finally PDMP has proven to be an absolute failure in achieving the objectives in all 49 other states. Why should Missouri join the losers?
“Just Say NO” to PDMP…”Just say Yes” to the 4th and 2nd Amendment!
