Last week, in the flurry of bills passed in the final days of Missouri鈥檚 2021 legislative session, a curious piece of legislation found approval in both the House and Senate.
, which now goes to Gov. Mike Parson for his signature, makes it illegal to register or track firearms. The 鈥淪econd Amendment Preservation Act鈥� also holds that state law supersedes any federal laws on guns, nullifying any federal restrictions on gun ownership within Missouri鈥檚 borders. Any police department that employs someone who knowingly deprives a Missouri citizen of their Second Amendment rights could be fined up to $50,000 鈥� per employee.
Experts say parts of the law are patently unconstitutional. States, after all, can鈥檛 just override federal law.
But St. Louis Interim Public Safety Director Dan Isom worries that other parts could survive a court challenge 鈥� and become a huge headache for the St. Louis Metropolitan Police Department.
He said on Thursday鈥檚 St. Louis on the Air that he is hopeful that Parson will veto it.
鈥淭he governor is former law enforcement,鈥� Isom said. 鈥淚 hope he would look at it and say this is not necessary, that the protections are in place for people who want to legally possess weapons. And this would just really be another roadblock for communities and police departments to protect citizens.鈥�
One big roadblock could involve city police officers who coordinate with federal authorities to bring federal charges against residents who use guns to commit violent crime. People arrested by St. Louis police are regularly charged in federal court for gun violations, something House Bill 85 could disrupt.
鈥淚t's unclear whether or not local law enforcement can be barred from using state or local money to enforce federal laws, or to provide information to federal agencies, about gun crimes that have happened within the state of Missouri,鈥� Isom said.
He noted that federal agents could still compel that information via subpoena, but it would take much longer to do so. 鈥淭o slow that process down of protecting the community 鈥� when it's really ultimately unnecessary, and the information will flow at some point in time anyway 鈥� is really doing a disservice to our communities.鈥�
Isom called the provisions that would fine police departments up to $50,000 per employee for restricting firearms 鈥渢he most distressing part of this.鈥�
He added: 鈥淭o put one more burden on the back of the community, and on the backs of law enforcement, I just think is really misplaced.鈥�
Isom served as St. Louis鈥� police chief from 2008 to 2013. He said that laws making for gun owners have increasingly become a problem for local law enforcement. As of 2017, anyone over age 19 can carry a concealed weapon, no permit required.
鈥淚 think early on, people were not necessarily aware and comfortable with possessing a weapon, because they weren't sure if they were legally capable of doing so,鈥� he said. 鈥淚t is pretty well known now how easy it is to purchase a weapon in Missouri, and also to carry one. And so I think that is the real big difference, is that there is such awareness of the ability to do it now.鈥�
鈥�鈥� brings you the stories of St. Louis and the people who live, work and create in our region. The show is hosted by and produced by , , and . The audio engineer is .
