{"id":90590,"date":"2023-03-07T17:14:52","date_gmt":"2023-03-07T23:14:52","guid":{"rendered":"https:\/\/milesfortis.com\/?p=90590"},"modified":"2023-03-07T17:14:52","modified_gmt":"2023-03-07T23:14:52","slug":"90590","status":"publish","type":"post","link":"https:\/\/milesfortis.com\/?p=90590","title":{"rendered":""},"content":{"rendered":"

Federal judge rules Missouri state gun law is unconstitutional<\/a>
\nThe Justice Department filed a lawsuit in February 2022 over the state law that declared \u201cinvalid\u201d several federal gun regulations that don\u2019t have an equivalent statute in Missouri.<\/em><\/p>\n

\n

WASHINGTON \u2014 A Missouri state law that declared several federal gun laws \u201cinvalid\u201d is unconstitutional, a U.S. federal judge ruled on Tuesday, handing the U.S.\u00a0Justice Department<\/a>\u00a0a victory in its bid to\u00a0get the law tossed out<\/a>.<\/p>\n

At issue was a measure Republican Governor Mike Parson signed into law in 2021 that declared that certain federal gun laws infringed on the rights of individuals to keep and bear arms under the U.S. Constitution\u2019s Second Amendment.<\/p>\n

U.S. District Judge Brian Wimes in Jefferson City, Missouri, said the state\u2019s Second Amendment Preservation Act (SAPA) violates the U.S. Constitution\u2019s Supremacy Clause, which holds that federal laws take priority over conflicting state laws.<\/p>\n

Wimes, an appointee of former President Barack Obama, in a siding with Democratic President Joe Biden\u2019s administration called the practical effects of the Republican-led state\u2019s law \u201ccounterintuitive to its stated purpose.\u201d<\/p>\n

\u201cWhile purporting to protect citizens, SAPA exposes citizens to greater harm by interfering with the federal government\u2019s ability to enforce lawfully enacted firearms regulations designed by Congress for the purpose of protecting citizens,\u201d\u00a0he wrote.<\/a><\/p>\n

Missouri Attorney General Andrew Bailey, a Republican, in a statement promised an appeal, saying he was committed to \u201cdefending Missourians\u2019 fundamental right to bear arms.\u201d<\/p>\n

\u201cIf the state legislature wants to expand upon the foundational rights codified in the Second Amendment, they have the authority to do that,\u201d he said.<\/p>\n

The Justice Department did not immediately respond to requests for comment.<\/p>\n

Under the Missouri law, also known as H.B. 85, state or local law enforcement agencies could face a $50,000 fine if they knowingly enforced federal laws that the state measure purportedly nullified.<\/p>\n

In a lawsuit filed in February 2022, the Justice Department argued the law had caused many state and local law enforcement agencies to stop voluntarily assisting enforcing federal gun laws or even providing investigative assistance.<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

Federal judge rules Missouri state gun law is unconstitutional The Justice Department filed a lawsuit in February 2022 over the state law that declared \u201cinvalid\u201d several federal gun regulations that don\u2019t have an equivalent statute in Missouri. WASHINGTON \u2014 A Missouri state law that declared several federal gun laws \u201cinvalid\u201d is unconstitutional, a U.S. federal … Continue reading “”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[23,13],"tags":[],"class_list":["post-90590","post","type-post","status-publish","format-standard","hentry","category-courts","category-law-order"],"_links":{"self":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/90590","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=90590"}],"version-history":[{"count":1,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/90590\/revisions"}],"predecessor-version":[{"id":90591,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/90590\/revisions\/90591"}],"wp:attachment":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=90590"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=90590"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=90590"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}