Washington Examiner

Missouri gun law deemed unconstitutional in court win for DOJ

A federal judge in Missouri On Tuesday, a federal law governing gun rights was repealed by the state legislature “invalid” If the equivalent is not available at state level, the legal winner will be handed to them Justice Department It sued the law.

Brian Wimes is a former president appointee to the U.S. district court. Barack Obama The Second Amendment Preservation Act of the state by, was criticized for violating the Constitution’s supremacy Clause. It is a doctrine which gives preference to federal laws over state laws.

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“SAPA’s practical effects are counterintuitive to its stated purpose,” Wimes wrote In a 24 page decision, the court ruled that, while the law is supposed 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.”

Andrew Bailey, Missouri Attorney General (R), tweeted Tuesday that the state would be “appealing the court’s ruling,” adding, “We are prepared to defend this statute to the highest court and we anticipate a better result at the Eighth Circuit.”

“If the state legislature wants to expand upon the foundational rights codified in the Second Amendment, they have the authority to do that,” Bailey wrote and added, “SAPA.” “is also about the Tenth Amendment,” According to this doctrine, the power not granted by the federal government is reserved for the states.

SAPA had been previously mentioned by the DOJ. It was then signed into law.


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