Federal Judge Strikes Down Missouri Law That Blocks Local Gov’ts From Enforcing Federal Gun Laws
A federal judge Tuesday struck down a Missouri law that blocked local police and governments from enforcing federal gun laws, according to court documents.
U.S. District Judge Brian Wimes ruled that the Second Amendment Preservation Act, which allowed law enforcement agencies to be sued up to $50,000 for assisting in the enforcement of federal gun laws, is unconstitutional and violates the Supremacy Clause, further saying that it is “invalid, null, void, and of no effect,” according to the ruling in United States District Court for the Western District Of Missouri. The Department of Justice (DOJ) previously sued the state over the law, saying Missouri could not “simply declare federal laws invalid,” according to a DOJ press release.
“State and local law enforcement officials in Missouri may lawfully participate in joint federal task forces, assist in the investigation and enforcement of federal firearm crimes, and fully share information with the Federal Government without fear of H.B. 85’s penalties,” Wimes wrote in the ruling. “The States of Missouri and its officers, agents, and employees and any others in active concert with such individuals are prohibited from any and all implementation and enforcement of H.B. 85”
Republican Missouri Attorney General Andrew Bailey plans to appeal the decision, according to KY3.
“As Attorney General, I will protect the Constitution, which includes defending Missourians’ fundamental right to bear arms. We are prepared to defend this statute to the highest court, and we anticipate a better result at the Eighth Circuit,” he said.
Other states have been working to adopt similar legislation to the Second Amendment Preservation Act following recent final rules for pistol braces and ghost guns by the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) and calls for so-called “assault weapon” bans by the Biden administration.
Republican Ohio state Reps. Mike Loychik and Jean Schmidt introduced House Bill 51 into the Ohio Legislature on Feb. 15, saying the bill was a protection for police officers who did not want to enforce President Joe Biden’s “brigade against Ohioans.”
Republican Montana Gov. Greg Gianforte sent a letter to U.S. Attorney General Merrick Garland In February, saying that Montana will not enforce the ATF final rule for pistol braces. Gianforte believes the final pistol rule “erodes the Second Amendment,” further reminding Garland that Montana passed legislation in 2021 that blocks Montana law enforcement and employees from enforcing any federal law on guns, according to the letter.
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