A Cole County judge on Friday refused to block a new state law that declares certain federal gun laws invalid and threatens financial penalties on law enforcement agencies that enforce them.
Circuit Judge Daniel Green sided with the state in a lawsuit filed jointly by St. Louis city and county that argued the law violates the U.S. Constitution鈥檚 supremacy clause and will hinder law enforcement鈥檚 ability to deter crime.
The law in question 鈥� set to go into effect Aug. 28 and dubbed the 鈥淪econd Amendment Protection Act鈥� by legislators 鈥� declares that when 鈥渢he federal government assumes powers that the people did not grant it in the Constitution of the United States, its acts are unauthoritative, void, and of no force.鈥�
It then states that federal gun laws adding special taxes on firearms, requiring registration or tracking of firearms, ammunition and accessories, or taking away guns from 鈥渓aw abiding citizens鈥� cannot be enforced in the state. Missouri law enforcement agencies and officers face civil fines of up to $50,000 for cooperating with federal agencies to enforce the law.
The U.S. Department of Justice says , submitting stating that a dozen state and local officers have withdrawn from participating in federal task forces at least in part because of the law.
The affidavit states that the Missouri State Highway Patrol鈥檚 information analysis center informed ATF it would no longer provide any investigative support, including background information on investigative targets.
Proponents of the law, including Gov. Mike Parson, have argued it is intended to push back against any effort by the federal government to tighten gun laws.
In his ruling, Green wrote that involving the new law, and thus, the constitutional issues raised should be 鈥渓itigated (if at all) by each plaintiff in each separate case.鈥�
In a statement after the ruling, Attorney General Eric Schmitt framed the case as a fight with Democratic President Joe Biden.
鈥淭oday鈥檚 ruling was an important victory for the Missouri Attorney General鈥檚 Office over the Biden Department of Justice, and for the Second Amendment rights of all Missourians,鈥� said Schmitt, a Republican running for U.S. Senate.
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