By Alexa Glista, Features Editor
On February 16th, The US Justice Department filed a lawsuit against Missouri, which is seeking to stop the enforcement of a bill that declared several federal firearms laws “invalid.”[1] The complaint asserts that the bill, known as the Second Amendment Preservation Act, is unconstitutional and is preventing law enforcement efforts.[2]
The bill was signed into law in June 2021 and went into effect August 2021.[3] It is considered to be one of the most wide-reaching gun rights bills in the United States.[4] The law, blocks Missouri state and local law officials from enforcing federal gun laws by allowing private citizens to sue local jurisdictions for $50,000, under the belief that their Second Amendment rights have been violated.[5]
The Justice Department’s complaint alleged that the state law “uniquely discriminates against federal agencies and employees; impairs law enforcement efforts in Missouri; and contravenes the Supremacy Clause of the United States Constitution.”[6] The Missouri law rules that federal gun laws that don’t have an equivalent in state law are unenforceable.[7] The department also stated that the bill has caused “rampant confusion” and has made Missouri officials “withdraw support for federal law enforcement efforts, including by not sharing critical data used to solve violent crimes and withdrawing from joint federal task forces.”[8]
The Justice Department has sought to overturn Missouri’s law for months.[9] US law enforcement officials are reporting that federal agents have encountered a number of issues in Missouri since the law went into effect because local authorities are worried about repercussions.[10] It has been reported that some police departments have even withdrawn their officers from task forces led by federal law enforcement agencies.[11]
Most of the conflicts raised by the law have come from operations involving the Bureau of Alcohol, Tobacco, Firearms and Explosives, which enforces gun laws.[12] More than 12 local law agencies have ended partnerships with the agency.[13]
“This act impedes criminal law enforcement operations in Missouri, and The United States will work to ensure that our state and local law enforcement partners are not penalized for doing their jobs to keep our communities safe, ” Attorney General Merrick Garland said.[14]
The lawsuit names Missouri Gov. Mike Parson and Missouri Attorney General Eric Schmitt as defendants.[15] Parson previously defended the law in August, saying the measure is “about protecting law-abiding Missourians against government overreach and unconstitutional federal mandates.”
Schmitt also said he would challenge the suit.[16] “Time and again, the Biden administration has put partisan politics ahead of public safety. Make no mistake, the law is on our side in this case, and I intend to beat the Biden administration in court,” Schmitt said.[17]
Missouri Republicans stand by the law and state that it does not prohibit federal officers from doing their job; however, the Justice Department complaint alleges the Missouri law violates the supremacy clause of the U.S. Constitution.[18]
There are currently 15 other states considering similar bills seeking to prevent local police from enforcing federal gun laws, and the outcome in this suit could greatly affect the future of those similar bills.[19]
[1] https://www.cbsnews.com/news/missouri-gun-law-justice-department-lawsuit/
[2] Id.
[3] Id.
[4] https://www.washingtonpost.com/national-security/2022/02/17/missouri-gun-law-doj-lawsuit/
[5] Id.
[6] https://www.cnn.com/2022/02/16/politics/missouri-gun-rights-law-doj-lawsuit/index.html
[7] https://www.washingtonpost.com/national-security/2022/02/17/missouri-gun-law-doj-lawsuit/
[8] https://www.cbsnews.com/news/missouri-gun-law-justice-department-lawsuit/
[9] https://www.cnn.com/2022/02/16/politics/missouri-gun-rights-law-doj-lawsuit/index.html
[10] Id.
[11] Id.
[12] https://www.npr.org/2022/02/17/1081379148/department-of-justice-sues-missouri-over-gun-rights-law
[13] Id.
[14] https://www.cnn.com/2022/02/16/politics/missouri-gun-rights-law-doj-lawsuit/index.html
[15] https://www.washingtonpost.com/national-security/2022/02/17/missouri-gun-law-doj-lawsuit/
[16] https://www.npr.org/2022/02/17/1081379148/department-of-justice-sues-missouri-over-gun-rights-law
[17] Id.
[18] https://www.washingtonpost.com/national-security/2022/02/17/missouri-gun-law-doj-lawsuit/
[19] https://www.npr.org/2022/02/17/1081570889/justice-department-sues-missouri-over-gun-law-riling-local-police
