Missouri cannot enforce a controversial state law it says looks to protect gun rights, a federal judge in the state ruled Tuesday, saying the measure ran afoul of the US Constitution.
The US Justice Department argued in a lawsuit it brought against Missouri last year that the “Second Amendment Preservation Act,” which blocks state and local law officials from enforcing federal gun laws, “impairs law enforcement efforts in Missouri” and interferes with the Constitution’s Supremacy Clause, which states that federal laws take precedence over state laws.
In a 24-page decision, US District Judge Brian Wimes agreed with the DOJ’s arguments, ruling that SAPA is “invalidated as unconstitutional in its entirety.”
“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 (SAPA’s) penalties,” Wimes wrote.
The law’s “practical effects are counterintuitive to its stated purpose,” added Wimes, a nominee of former President Barack Obama. “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.”
Missouri Attorney General Andrew Bailey, a Republican, said in a statement that the state is “prepared to defend this statute to the highest court and we anticipate a better result” from an appeals court that handles cases out of Missouri.
“The Second Amendment is what makes the rest of the amendments possible. If the state legislature wants to expand upon the foundational rights codified in the Second Amendment,…
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