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Federal court throws out Missouri law that bans police from enforcing federal gun restrictions

Governor Mike Parson holds up law after signing ban on enforcing federal gun laws.
Carlos Moreno
/
KCUR 89.3
Gov. Mike Parson celebrates signing 2021 law that invalidated federal gun laws in Missouri. He signed the bill in front of a crowd at Frontier Justice in Lee's Summit.

The Missouri law known as the "Second Amendment Preservation Act" forbade police from enforcing federal gun laws that don’t have an equivalent state law, and threatened officers with fines. A federal court ruled it violated the supremacy clause.

Federal appellate judges overturned a Missouri law Monday that banned police from enforcing some federal gun laws.

The 8th U.S. Circuit Court of Appeals found the Missouri law violated a section of the U.S. Constitution known as the supremacy clause, which asserts that federal law takes precedence over state laws.

“A State cannot invalidate federal law to itself,” 8th Circuit Chief Judge Steven Colloton wrote in the ruling.

Missouri’s Republican Attorney General Andrew Bailey said in a statement that his office was reviewing the decision. “I will always fight for Missourians’ Second Amendment rights,” he said.

In a statement, Kansas City Mayor Quinton Lucas praised the decision.

“Two years ago, Missouri enacted an unconstitutional law, claiming to invalidate federal gun laws,” Lucas wrote. “Missouri has many challenges. I hope the Attorney general and other state leaders actually address crime issues to make us safer, rather than undermining efforts of federal agents and local police officers who work each day to keep us safe from gun violence.

"Thankfully, we have strong courts in this region that have stoped repeated unlawful Missouri state actions," Lucas continued. "I am saddened that our state expended the time and energy of many in our legal system in service of this clearly unconstitutional effort.”

The U.S. Justice Department, which filed the lawsuit against Missouri, declined to comment.

The Missouri law forbade police from enforcing federal gun laws that don’t have an equivalent state law. Law enforcement agencies with officers who knowingly enforced federal gun laws without equivalent state laws faced a fine of $50,000 per violating officer.

Federal laws without similar Missouri laws include statutes covering weapons registration and tracking, and possession of firearms by some domestic violence offenders.

Missouri's law has been on hold since 2023, when the U.S. Supreme Court temporarily blocked it as the legal challenge played out in lower courts.

Conflict over Missouri’s law wrecked a crime-fighting partnership with U.S. attorneys that Missouri’s former Republican attorney general — Eric Schmitt, now a U.S. senator — touted for years. Under Schmitt’s Safer Streets Initiative, attorneys from his office were deputized as assistant U.S. attorneys to help prosecute violent crimes.

The Justice Department had said the Missouri state crime lab, operated by the Highway Patrol, refused to process evidence that would help federal firearms prosecutions after the law took effect.

Republican lawmakers who helped pass the bill said they were motivated by the potential for new gun restrictions under Democratic President Joe Biden, who had signed the most sweeping gun violence bill in decades.

The federal legislation toughened background checks for the youngest gun buyers, keeps firearms from more domestic violence offenders, and helps states put in place red flag laws that make it easier for authorities to take weapons from people judged to be dangerous.

This story was originally published by the Associated Press.

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