Missouri Supreme Court hears arguments on ‘Second Amendment Act’

The Missouri Supreme Court heard arguments on Monday about the constitutionality of a gun law with $50,000 penalties for local law enforcement if they enforce federal laws.

Republican Gov. Mike Parson signed HB 85, called the “Second Amendment Preservation Act,” into law last June. The law prohibits state and local cooperation with federal officials to enforce any laws, rules, orders or actions violating the Second Amendment rights of Missourians. It also creates civil liability and monetary damages of $50,000 per occurrence when the law is violated.

Any entity or person who knowingly acts under any federal or state law to deprive a Missouri citizen of their rights or privileges ensured by the federal and state constitution to keep any bear arms must be liable, according to the law. In addition to the monetary damages, attorney fees and costs may be awarded. The employer of the individual found liable is responsible for paying the damages, attorney’s fees and court costs of litigation.

The City of St. Louis, St. Louis County and Jackson County sued the state, seeking a declaration the law is unconstitutional and an injunction prohibiting enforcement of the act. The Attorney General’s office successfully defended the law against a lawsuit brought by the city and counties at the circuit court level. Cole County Circuit Judge Daniel Green ruled the city and counties could get legal clarification surrounding the law from at least two pending cases working through the court system.

Robert Dierker, the associate counselor for the City of St. Louis who represented the city and counties before the Missouri Supreme Court, argued the law lacks clarity and simplicity.

“We have what is really an unintelligible statute,” Dierker told the court. “I think that any fair reading of the statute leaves a person of ordinary understanding completely lost as to what federal laws and regulations are forbidden and what are to be enforced.”

Dierker’s co-counsel, Jeffrey Sandberg of the appellate staff of the U.S. Department of Justice, said state and local law enforcement are unsure if they can cooperate with federal law enforcement on cases involving firearms.

“We are running into problems where there are people who want to cooperate but they are mindful they’re making on-the-spot judgments about what might potentially put their agencies budget at risk,” Sandberg told the justices. “They’re fearing $50,000 penalties. You might have the Missouri State Highway patrol stop a federal fugitive who’s just passing through Missouri and has no connection to the state, but let’s that person go in a traffic stop because he fears the potential consequences to his agency of that traffic stop. That’s what we’re dealing with here.”

Solicitor General John Sauer argued the cities could attain a ruling in the matter through as many as five Second Amendment Preservation Act lawsuits filed at the circuit court level. He countered the opposition’s claim that the law violated the federal supremacy clause. In a written brief, the Attorney General’s office stated the law doesn’t conflict with any federal statute.