Missouri Governor in hot water RE: carry permit

Handing over the concealed carry permit list to the Feds?

=> http://news.yahoo.com/missouri-house-wants-impeach-governor-jay-nixon-over-140700187.html

Niiiiiiiice mullett!

So they are trying to impeach him for 1. Following federal laws on gay marriage 2. Not acting fast enough on something (Cause government ALWAYS meets their deadlines ) and 3. He did not punish people as harshly as the Republicans wanted.

I would say this water is quiet tepid. They have literally no case in terms of the laws that he “broke”…or I guess followed? Seriously, how do you impeach someone for FOLLOWING a federal law? No judge is every going to sign off on this.

heyyy i like squirrel....

abean4187 said:

So they are trying to impeach him for 1. Following federal laws on gay marriage 2. Not acting fast enough on something (Cause government ALWAYS meets their deadlines ) and 3. He did not punish people as harshly as the Republicans wanted.

I would say this water is quiet tepid. They have literally no case in terms of the laws that he “broke”…or I guess followed? Seriously, how do you impeach someone for FOLLOWING a federal law? No judge is every going to sign off on this.

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While I do not agree with the Feds either - I think you have it right. He can't just ignore the fact the Federal Law trumps State Law and is the Supreme law of the land.

Just like pot is still illegal EVERYWHERE in the US because the Federal Law says. Funny though, how is it the Feds and pick and choose which laws to enforce? Not sure where that power came from....

The decision as to whether or not the Governor should be impeached is a purely local matter and one in which the Federal government has absolutely no say. The Missouri Constitution is all that matters in this case. If the legislature orders the Governor's removal then out of office he goes. Judicial approval doesn't enter into the equation.

As for turning over the list of permits, the article says that he did so in order to aid a series of federal investigations. The article is ambiguous but the way that I read it is that he turned over a master list containing the names of every Missourian licensed to carry a firearm rather than just answering yes or no when asked if the person was licensed. If that is in fact the case, if the files were provided without a court ordering that they be provided and if Missouri law does in fact prohibit such a release then he committed a crime and impeachment is both appropriate and deserved. Federal agents requesting the files and federal agents showing up with a warrant or Subpoena duces tecum in hand are two completely different animals.

PO2012 said:

As for turning over the list of permits, the article says that he did so in order to aid a series of federal investigations. The article is ambiguous but the way that I read it is that he turned over a master list containing the names of every Missourian licensed to carry a firearm rather than just answering yes or no when asked if the person was licensed. If that is in fact the case, if the files were provided without a court ordering that they be provided and if Missouri law does in fact prohibit such a release then he committed a crime and impeachment is both appropriate and deserved. Federal agents requesting the files and federal agents showing up with a warrant or Subpoena duces tecum in hand are two completely different animals.

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That is also how I read it and one more reason why I am reluctant to apply for any HCL, concealed carry, NFA or otherwise "optional" permits in 2A-unfriendly states like MD beyond the bare minimum required for initial purchase.

PO2012 said:

The decision as to whether or not the Governor should be impeached is a purely local matter and one in which the Federal government has absolutely no say. The Missouri Constitution is all that matters in this case. If the legislature orders the Governor's removal then out of office he goes. Judicial approval doesn't enter into the equation.

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Actually, they do according to the article. 5 out of 7 state judges are required to convict him in order for the impeachment to go through. Please do tell, what are they going to convict him of?

abean4187 said:

Actually, they do according to the article. 5 out of 7 state judges are required to convict him in order for the impeachment to go through. Please do tell, what are they going to convict him of?

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Releasing confidential records without authority. If the federal government requested the records without the proper paperwork (i.e. a subpoena or warrant) and he complied contrary to state law then that's grounds for impeachment. The same goes for the second charge of waiting too long to call a special election. He either waited too long or he didn't. If the legislature can demonstrate that he dragged his feet then he can be impeached. Article VII Section 1 of the Missouri constitution states that the Governor can be impeached for "incompetency" or "willful neglect of duty". These aren't very difficult charges to prove or disprove. His impeachment, if conducted impartially, revolves around some seemingly simple charges.

As for the Judges, Missouri is the only state of which I'm aware where the legislature prosecutes the impeachment and the matter is decided by the judiciary. I've never heard of such a thing before. The legislature almost always exercises sole discretion in matters of impeachment.