St. Louis Sues Missouri Over New Gun Law

This is big. Not long ago the state of Missouri passed a “Second Amendment Preservation Act” that nullfies any federal law that the state decides violates the 2nd Amendment, which would probably be just about anything. Now St. Louis city and county are suing to block implementation of the law.

The county and city say the law is confusing and would prevent state and local cops from working with federal law enforcement. There are ongoing joint federal-city task forces at work addressing the gun violence problem, and the wording of the bill complicates that work. Can federal officers such as ATF agents operate in Missouri at all? It’s not clear. Someone on the television news last night said that the law would not stop federal agents from enforcing state law, but they couldn’t enforce federal law.

From KSDK, St. Louis:

The law would subject law enforcement agencies with officers who knowingly enforce federal gun laws to a fine of about $50,000 per violating officer. It also states that any federal laws, executive orders or other federal regulations to track or take away firearms from law-abiding citizens will be considered void in Missouri, the Associated Press reported.

From today’s St. Louis Post-Dispatch:

The law prevents local or state police agencies from enforcing federal laws deemed unconstitutional. It subjects agencies to a $50,000 fine if an officer violates the law. The same fine applies if an agency hires an officer who previously violated the Missouri law as a federal agent.

Critics have said the law will negatively affect working relationships with the federal government, including on anti-crime task forces. They also say the law will effectively defund the police by subjecting them to the fines.

States cannot nullify federal law. This was a matter settled back in 1832, during the Andy Jackson administration, you might recall. But note:

[Govenor] Parson and [Attorney General] Schmitt argued that Missouri “is not attempting to nullify federal law” but was instead “defending its people from federal government overreach by prohibiting state and local law enforcement agencies from being used by the federal government to infringe on Missourians’ right to keep and bear arms.”

Yeah, that makes no sense at all. I haven’t been able to find the text of the bill online, but one of the sponsors says “The Second Amendment Preservation Act declares all federal laws, rules, orders or other actions which restrict or prohibit the manufacture, ownership and use of firearms, firearm accessories or ammunition exclusively in Missouri will not be enforced by state law enforcement, state municipal officials and other state officials.” How is that not nullification? Especially if federal law enforcement isn’t allowed to enforce federal law, either?

See also the U.S. Constitution, Article VI, second paragraph.

In 2017 the state eliminated any restriction on carrying firearms. You don’t even need a permit. We’ve got “stand your ground” and the works here now. After that law went into effect in January 2018, the rate of gun violence in the state shot up. Since then St. Louis has become a shooting gallery. Every single blasted day there are news stories about gun fights or drive by shootings or what not. Even small children get killed.

One would think that any judge knows enough law to see how blatantly unconstitutional the “protection act” is.  But now the bench has been stocked with inconpetent Trump judges. So who knows?

See also Red State, Blue City.

 

 

9 thoughts on “St. Louis Sues Missouri Over New Gun Law

  1. No state has the authority to bar federal law enforcement agents from enforcing federal law. (Local law enforcement generally has no authority to enforce federal law itself.) Federal law supersedes state law in the case of a conflict of laws, which means a lot of these new laws are unenforceable. The Supremacy Clause has not been repealed.

    And if it comes to it, President Biden can federalize the Missouri National Guard (aka, the militia) to compel  compliance with federal law.

    I am quite sure every Missouri legislator who voted for these laws either was already aware of this, or was advised of this before voting for these idiot statutes. Doubtless many, if not most, of them voted for these laws believing they will be saved by the federal courts which will declare them void. Then they will feign shock and outrage.

    These people are insane. If January 6 taught us anything it's that the politicians aren't in control of the mob. 

    They don't care.

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  2. "Idiocracy," we're just 'round the corner.

    MO: Nullifying the nullification of nullification?

    Be there soo…

    Never mind.

    We're already there.

    Here.

    Here, in our "Idiocracy."

     

  3. Seems to me that it amounts to a big nothing only to appear as doing something. When they include the wording, exclusively in Missouri in their Second Amendment Preservation Act it kinda turns it all into an illusion of sorts. My understanding is that federal law can't be written exclusively to target one state. It's the same principle as when Florida passed Terry's Law.

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    • I saw the wording “exclusively in Missouri” also, but that’s quoting some guy about the bill, not the bill. I finally did find the text of the bill, and it’s not clear to me what it’s trying to say there. It may be trying to say that the state bill only applies to the state (duh).

  4. So evidence is growing of the de-evolution of homo-sapiens into a more primitive state and that state is Missouri.  As I recall there were 10 initial constitutional amendments called the bill of rights.  It seems only one is elevated by homo-sapiens-primitivos to sacred status.  In doing just that, the state of Missouri has risen to the rank of model state above all states and is immune from federal authority.  Now Missouri's largest urban area is filing legal action to counter the actions of this de-evolutionary human mutation centered in Jefferson City.  Which species will prevail?

    Oh and Missouri and Texas are in the lead in the preservation of COVID -19 hot spots.  Homo-sapiens-primitivos claim they need no vaccine.  

    On the path to fame or shame.   Fame for those who lack much knuckle to floor clearance, shame for the more classic model of homo-sapiens.  

    Oh how Idiocracy seems daily to resemble Barbarism.  To call it all anything but a barbaric debacle would not do it justice.

     

  5. I was too young to appreciate it at the time, but we're back to a Lester Maddox frame of mind.  This qualifies as deliberate provocation – but to what end?  Somehow they see it as a win-win. Either the feds won't confront after they lose in court. (And not even this Supreme Court will let the state of MO give Washington DC the middle finger.) SO they lose in court and continue anyway. The feds roll in cops in large numbers to enforce the law and the provoceteurs assume the pose of victims on Fox. 

    This is playing to the cameras for the sake of fame. None of these clowns are ready for even a short stint in federal prison. We need to put some of these fascists in jail for insurection thru legislation that violates the Constitution. THAT will slow down the showboating.

  6. I had no idea that hordes of Missouri law enforcement are rampaging through the Show Me State taking away persons 2nd Amendment rights because of a federal law that does not, and is apparent to any sentient person, exist.

    Another example of  creating a false narrative and providing an unreal (delusional?) solution to a problem that cannot be verified by any metric of real evidence, and taking credit for such "accomplishments".

    I tried to enter the St. Louis Dispatch site to read the local (for Missouri) take on this "issue", and was not allowed to read the article unless I completed a survey about types of underwear with which I am familiar. Awkward.  

    • The bill appears to be aimed at federal law enforcement operating within the state. They’re worked up about emails from the NRA claiming that Joe Biden is about to grab their guns.

      • The NRA never missed  a chance to exploit a Democrat. Obama was going to take your guns. Hillary was going to take your guns. Now Biden.

        It's all to get money from the membership and gin up gun sales. Chicken Little for gun nuts.

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