Thursday, February 17, 2022

Feds v Missouri

The Department of Justice has asked a federal judge to block a Missouri law that allows private citizens to sue law enforcement agencies and officers for $50,000 if they can show their state gun rights were infringed upon. Gov. Mike Parson signed the Second Amendment Preservation Act last year, and since then, counties, cities and dozens of Missouri police chiefs have challenged it.

The law, known as H.B. 85, invalidates in Missouri five specific federal gun law categories, such as ones prohibiting the gun ownership by some felons, confiscation orders, and registration laws.

The complaint filed in federal court in Jefferson City, Mo., on Wednesday says "the overall purpose and effect of H.B. 85 are thus to nullify federal firearm laws and to affirmatively interfere with their enforcement."

[...]

Member station KCUR reports that more than 12 local law agencies have ended partnerships with the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Missouri Attorney General Eric Schmitt, who is running in the Republican primary for an open Senate seat, said he'd challenge the suit.

[...]

Parson, who noted at the bill signing in June that he was once a sheriff, framed the law as a tool for the state to stand up to the federal government.

[...]

But the complaint alleges the law violates the supremacy clause of the U.S. Constitution. "A state cannot simply declare federal laws invalid," said Brian Boynton, head of the Justice Department's Civil Division. "This act makes enforcement of federal firearms laws difficult and strains the important law enforcement partnerships that help keep violent criminals off the street."

  NPR

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