Federal court again finds Missouri 2nd Amend. Preservation Act unconstitutional

(The Center Square) – A 2021 Missouri law invalidating federal gun laws was found unconstitutional on Monday for the second time by a federal court.

The U.S. Eighth Circuit Court of Appeals affirmed a U.S. District court decision against Missouri Republican Gov. Mike Parson and Republican Attorney General Andrew Bailey, who was appointed by Parson and is the GOP nominee for the office in November.

“I will always fight for Missourian’s Second Amendment Rights,” Bailey, who will face Democratic challenger Elad Gross in November, posted on X , the platform formerly known as Twitter.

Bailey could seek another review by the full appeals court or take the case to the U.S. Supreme Court.

“Attorney General Andrew Bailey loses in court AGAIN, this time at the 8th Circuit,” Gross posted on X. “Bailey was defending the so-called Second Amendment Preservation Act, which stupidly defunds police departments that work with federal agents to stop violent crime. More tax $$$ down the toilet.”

The federal government sued Missouri alleging the law violates the Supremacy Clause of the U.S. Constitution. The Second Amendment Preservation Act states federal laws regulating firearms are a violation of the Second Amendment in the U.S. Constitution and the Missouri Constitution.

Missouri argued the federal government doesn’t have standing and “a cause of action” to sue the state.

“On this appeal by the State, we agree that the United States has standing to sue,” Judge Steven Colloton wrote in a 10-page ruling . “Because the Act purports to invalidate federal law in violation of the Supremacy Clause, we affirm the judgment.”

The three-judge panel also rejected Missouri’s parallel argument of the state having authority to withdraw authority of state officers to enforce federal law.

“That Missouri may lawfully withhold its assistance from federal law enforcement, however, does not mean that the State may do so by purporting to invalidate federal law,” Colloton wrote. “ … If the State prefers as a matter of policy to discontinue assistance with the enforcement of valid federal firearms laws, then it may do so by other means that are lawful, and assume political accountability for that decision.”

House Bill 85 , sponsored by former Rep. Jared Taylor, R-Nixa, allowed alleged victims to sue for $50,000 if local or state law enforcement agencies enforced federal gun laws.

“Missouri has many challenges,” Kansas City Democratic Mayor Quinton Lucas said in a statement posted on X. “I hope the Attorney General and other state leaders actually address crime issues to make us safer, rather than undermining efforts of federal agents and local police officers who work each day to keep us safe from gun violence.”

In March 2023, the U.S. District Court Judge Brian Wimes invalidated the law “as unconstitutional in its entirety as violative of the Supremacy Clause.”