Judge Rules Major Law Unconstitutional 

(Republicaninformer.com)- On Tuesday, a federal court overturned the Second Amendment Preservation Act, a controversial Missouri legislation that punishes law enforcement officials for enforcing federal gun rules. 

Judge Brian Wimes of the United States District Court declared the 2021 Missouri statute to be unconstitutional and declared it to be “invalid, null, void, and of no effect.” 

Wimes noted in his ruling that Missouri law enforcement officers “may legitimately engage in joint federal task forces, help in the investigation and enforcement of federal firearm offenses, and fully exchange information with the federal government without fear of consequences.” 

The United States Department of Justice sued the state of Missouri last year, claiming that state legislation impedes federal efforts to investigate illegal drugs and firearms. 

The statute stipulates that any law enforcement agency that “infringes” on the Second Amendment rights of Missouri citizens will be subject to a fine of $50,000. 

Some examples of such regulations would include legislation forbidding “law-abiding” people from owning or transferring their guns, forcing gun owners to register their weapons, and placing specific levies on firearms. 

In an affidavit submitted to the court in a separate lawsuit, Frederic Winston, special agent in charge of the Kansas City Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), stated that twelve officers have withdrawn from taking part in ATF task forces primarily because of the law. 

Wimes argued that “SAPA is an unlawful “interposition” against federal law and that this was by design. His decision said that the law’s actual impact runs contrary to its intended goals. 

Attorney General Andrew Bailey of Missouri issued a post on social media saying his office would appeal the ruling and that they expect “a better outcome” from the Eighth Circuit Court of Appeals. 

Bailey argued that the state legislatures had the power to extend the rights guaranteed by the Second Amendment. Yet, the Tenth Amendment is also a focus of SAPA. It’s a matter of federalism and personal freedom. 

Wimes responded to this line of reasoning in his decision. 

According to Wimes, just because the Missouri General Assembly says the Supremacy Clause doesn’t apply to federal legislation doesn’t make it true.