Missouri AG: St. Louis Mayor’s Gun Ban Unconstitutional
Missouri Attorney General Protects Second Amendment Rights
Missouri’s Attorney General, Andrew Bailey, is taking a stand to protect Second Amendment rights in his state. He recently addressed the mayor of St. Louis, Tishaura Jones, regarding her proposed ordinance to ban certain types of firearms. Bailey firmly believes that this ordinance violates both the Missouri and U.S. constitutions.
“That [ordinance] runs afoul of the Missouri Constitution, and the state is obligated to protect that right,” Attorney General Andrew Bailey told The Epoch Times. “That’s why I’m putting the marker down.”
In a letter sent to Mayor Jones on August 22, Bailey expressed his concerns about her plans to “prohibit military-grade weapons on our streets” and “prohibit insurrectionists and those convicted of hate crimes from having guns.”
“Your proposed measure would violate the constitutional right of Missourians to keep and bear arms,” Bailey wrote in the letter.
Mayor Jones’s office did not respond to requests for comment.
According to an online statement, Mayor Jones met with St. Louis Police Chief Robert J. Tracy, Office of Violence Prevention Director Wil Pinkney, and five of St. Louis’s 14 aldermen to discuss ”gun violence survivors and advocates” on the same day Bailey sent his letter.
“In the coming days, in partnership with the Mayor’s Office, aldermen are ready to introduce commonsense gun safety legislation. We come together around a shared vision: a safer, stronger St. Louis, ready to stand up for our values. We know Missourians are demanding state-level action to pass measures like red-flag laws and background checks, but we are ready to try every tool available to us at the local level to protect families from gun violence,” the statement quotes Mayor Jones as saying.
Her plan includes the prohibition of “military-grade weapons,” although the statement does not provide a specific definition. It also aims to prevent the transfer or sale of guns to minors, address privately made firearms (“ghost guns”), prohibit insurrectionists and those convicted of hate crimes from possessing guns, and prepare for the passage of Blair’s Law.
Blair’s Law is legislation that establishes charges and penalties for reckless discharge of a firearm. It was named in honor of 11-year-old Blair Shanahan Lane, who tragically lost his life to a stray bullet during Independence Day celebrations in 2011.
Last July, Missouri Governor Mike Parson vetoed legislation containing Blair’s Law due to additional provisions, including language that could potentially reduce penalties for possessing child pornography.
Bailey Questions Mayor Jones’s Motives
Attorney General Bailey expressed skepticism regarding Mayor Jones’s motives for the proposed weapons ban. He believes that there are already existing tools at the local level that the mayor should utilize before creating new ones.
“Why doesn’t she go after the criminals instead of the guns? There are laws on the books now to deal with violent crime in St. Louis,” Bailey stated.
According to Bailey, Missouri law only allows cities to regulate the concealed carry of firearms. All other regulations fall under the jurisdiction of the state.
“The people’s elected representatives have already spoken on this issue by preempting local authority in state statute. To implement your plan would be to violate Missouri law,” Bailey emphasized.
Attorney General Bailey highlighted that the Missouri Constitution requires any proposed law restricting the right to keep and bear arms to undergo “strict scrutiny” to ensure that it is narrowly focused and necessary.
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