Federal judge strikes down Missouri law barring local governments from enforcing federal gun laws

A federal judge on Tuesday struck down a law in Missouri that prevented local police and governments from enforcing federal gun laws, court documents show.

U.S. District Judge Brian Wimes ruled that the Second Amendment Preservation Act, which allowed law enforcement agencies to be sued for up to $50,000 for assisting in enforcing federal gun laws, is unconstitutional and violates the Supremacy Clause. void, void, and of no effect,” the United States District Court for the Western District of Missouri said. The Department of Justice (DOJ) previously sued the state over the law, saying Missouri could not “just invalidate federal laws,” according to a DOJ press release. (RELATED: ‘Zero Tolerance’: Biden Administrator Reportedly Closing Gun Shops Over Minor Administrative Mistakes)

“State and local law enforcement officers in Missouri may lawfully participate in joint federal task forces, assist in the investigation and enforcement of federal firearms crimes, and share information fully with the federal government without fear of HB 85’s penalties,” Wimes wrote in the pronounciation. . “The States of Missouri and its officers, agents and employees and all others actively cooperating with such persons are prohibited from implementing and enforcing HB 85”

Republican Missouri Attorney General Andrew Bailey plans to appeal the decision, according to KY3.

“As Attorney General, I will protect the Constitution, including defending the fundamental right of Missourians to bear arms. We are prepared to defend this statute in the highest court and we expect a better result at the Eighth Circuit,” he said.

JEFFERSON CITY, MO – JANUARY 20: A man waves an American flag as he walks outside the Missouri State Capitol building on January 20, 2021 in Jefferson City, Missouri. Supporters of former President Donald Trump gathered at state capitol buildings across the country today to protest the results of the presidential election and the inauguration of President Joe Biden as the 46th president of the United States. (Photo by Michael B. Thomas/Getty Images)

Other states have been working to pass legislation similar to the Second Amendment Preservation Act following recent final rules on pistol braces and ghost weapons by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and calls for so-called “assault weapons” banned by the government- Biden.

Republican Ohio State Representatives Mike Loychik and Jean Schmidt introduced House Bill 51 into the Ohio legislature on February 15, saying the law was a protection for police officers who did not want to enforce President Joe Biden’s “brigade against Ohioans” .

Montana Republican Governor Greg Gianforte sent a letter to U.S. Attorney General Merrick Garland in February, saying that Montana will not enforce the ATF’s latest rule on pistol braces. Gianforte believes the latest gun rule “erodes the Second Amendment,” further reminding Garland that Montana passed legislation in 2021 that would prevent Montana law enforcement and employees from enforcing federal gun laws, the letter said.

Bailey did not immediately respond to the Daily Caller News Foundation’s request for comment.

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