Federal Judge Sides with Biden Admin, Ruling Missouri Second Amendment Law ‘Unconstitutional’

Federal Judge Tuesday ruled that a Missouri law which would have punished police officers for violating federal gun laws had been unconstitutional. This was in response to a suit filed by the Department of Justice last year.

DOJ claimed that the law undermined federal drug and weapon investigators. They placed heavy fines up to $50,000 upon police officers who violated this provision. “infringed” Follow any federal law to protect Missourians’ Second Amendment rights

Second Amendment Preservation Act, (SAPA) was ruled “invalid, null, void and of no effect” Brian Wimes (U.S. District Court Judge), an Obama appointee.

Andrew Bailey, Missouri Attorney-General said that he will appeal the Eighth Circuit Court court’s decision. He expects to be able to make a public statement via social media. “better result” there.

“As Attorney General, I will protect the Constitution, which includes defending Missourians’ fundamental right to bear arms,” He stated this in a Twitter thread. “If the state legislature wants to expand upon the foundational rights codified in the Second Amendment, they have the authority to do that. But SAPA is also about the Tenth Amendment. It’s about federalism and individual liberty, so we will be appealing the court’s ruling.”

Second Amendment Preservation Act

Missouri Governor signed the law. In June 2021, Mike Parson signed the law declares All federal laws that violate the Second Amendment of the U.S. Constitution or the Missouri Constitution are invalid.

According to the Act, infringements are defined as “certain taxes, certain registration and tracking laws, certain prohibitions on the possession, ownership, use, or transfer of a specific type of firearm, and confiscation orders.”

Act declared “that federal supremacy does not apply to federal laws that restrict or prohibit the manufacture, ownership, and use of firearms, firearm accessories, or ammunition within the state because such laws exceed the scope of the federal government’s authority.”

This also required the protection of rights. “law-abiding citizens to keep and bear arms” in the possession of law enforcement and courts in the state.

“Under this act, no public officer or state or local employee has the authority to enforce firearms laws declared invalid by the act. However, state employees may accept aid from federal officials in an effort to enforce Missouri laws. Sovereign immunity shall not be an affirmative defense under this act.”

A fine of $500 was assessed for any public official, state employee or worker who tried to implement the law that had been declared invalid. “$50,000 per employee hired by the law enforcement agency.”

It was not a crime to assist federal authorities in pursuing suspects in some cases. This includes felony crimes that involve weapons violations or controlled substances violations.

DOJ challenges

The DOJ argued that the Act was in violation of the U.S. Constitution because it ignored federal supremacy, as stated by the statute. The DOJ also sought to nullify the Act and declared that local and state officials can participate in investigations or task forces under federal jurisdiction without being punished.

The DOJ brought a suit against Missouri in 2022 claiming that Missouri’s laws had undermined federal weapons and drug investigations.

“The United States’ law enforcement operations have been affected through withdrawals from and/or limitations on cooperation in joint federal-state task forces, restrictions on sharing information, confusion about the validity of federal law in light of SAPA, and discrimination against federal employees and those deputized for federal law enforcement who lawfully enforce federal law,” court documents claimed.

A Kansas City Field Division federal agent of the Bureau of Alcohol, Tobacco, Firearms and Explosives claimed that at least a dozen local and state officers had withheld their participation in ATF task force operations, in part, in an affidavit filed to the court. The Missouri Independent.

Wimes stated in the ruling, that no state law can nullify federal law. Missouri lawmakers are well aware of this.

“SAPA’s practical effects are counterintuitive to its stated purpose,” Wimes wrote. “While purporting to protect citizens, SAPA exposes citizens to greater harm by interfering with the Federal Government’s ability to enforce lawfully enacted firearms regulations designed by Congress for the purpose of protecting citizens within the limits of the Constitution.”

Wimes and other state or local law enforcement officers may be added to federal task forces. They will assist with federal firearm crime investigation and enforcement and can freely share their information without fear.

“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.”