Missouri’s Gun-Rights Law Is Unconstitutional, Judge Rules

[wew3]

From the WSJ

Missouri’s Gun-Rights Law Is Unconstitutional, Judge Rules
The 2021 law prohibits enforcement of federal gun restrictions if they go against Second Amendment

By Joseph Pisani
March 7, 2023 2:27 pm ET

A federal judge ruled that Missouri’s sweeping gun-rights law is unconstitutional, in a win for the federal government, which said the law hurt criminal investigations.

The 2021 legislation, known as the Second Amendment Preservation Act, made it illegal for state or local officials to cooperate with federal agents to enforce orders, rules or laws that go against the Second Amendment, which protects the right to keep and bear arms.

The law also gave Missourians the right to sue local police departments for $50,000 in damages if officials prevented their right to bear arms. Gov. Mike Parson, a Republican, signed the legislation into law in June 2021.

The federal government sued Missouri last year, arguing the new law impeded criminal law-enforcement operations in the state.

U.S. District Judge Brian C. Wimes said Tuesday the law violated the so-called supremacy clause of the U.S. Constitution, which says that federal laws take priority over state laws. He also said the law was counterintuitive to its purpose.

“While purporting to protect citizens,” he wrote in the 24-page opinion, the law “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.”

Judge Wimes wrote that the law was “invalid, null, void, and of no effect.” He said state and local law enforcement can now share information with the federal government without fear of being penalized by the law.

Missouri Attorney General Andrew Bailey said he plans to appeal the ruling.

“We are prepared to defend this statute to the highest court and we anticipate a better result at the Eighth Circuit,” Mr. Bailey said in a statement.

The Justice Department didn’t immediately respond to a request for comment.

Lawmakers in Iowa, Ohio, Georgia and other states are weighing similar legislation, with supporters saying the bills are aimed at stopping law enforcement from helping the federal government apply gun restrictions

But the Missouri law has had far-reaching consequences. Some law enforcement agencies in the state have pulled out of federal task forces for fear they could run afoul of the law, according to court filings. And opponents say it is expansive enough to strip law enforcement of federal help and funding on a range of issues.

The Second Amendment Preservation Act has separately been challenged by the city of St. Louis, and Jackson and St. Louis counties.

Write to Joseph Pisani at joseph.pisani@wsj.com

Appeared in the March 8, 2023, print edition as 'Judge Rejects Missouri Gun Law'.

https://www.wsj.com/articles/missour...le_email_share

[eyecanshoot]

If they were serious about supremacy than we would all have the same 2a rights nationwide. If supremacy was legit, we wouldn't all be ruled by different interpretations of the Bill of Rights. The supremacy clause would be used for the benefit of rights and not just to suppress them.

[RockIsland]

So the 2A is unconstitutional. Got it!