DOJ says New Missouri Gun Law Violates the US Constitution
US Justice Department asked a Missouri court to cancel a new state law that prohibits state and local officials from enforcing federal firearms laws. The DOJ argued it violates the Constitution and has already done harm to public safety in the state. Federal prosecutors filed a statement of interest in a challenge to the Missouri law brought designed to block enforcement of the measure. The Justice Department informed the Cole County Circuit Court it supports a finding that the law (known as HB85) is unconstitutional and an order halting its enforcement. The Biden administration filing says, “HB85 has caused, and will continue to cause, significant harms to law enforcement within the state of Missouri. HB85 is also plainly unconstitutional”. Prosecutors warned the law has already crushed law enforcement efforts to promote public safety in the state.
They also said it is undermining law enforcement activities and interrupts federal, state, and local partnerships. It is noteworthy that Republican Governor Mike Parson signed the law in June. The measure at the center of the legal battle enacts a $50,000 fine on any law enforcement agency with officers who knowingly enforce federal firearms rules. The law is called the Second Amendment Preservation Act in Missouri. The federal gun laws that fall into 5 categories are considered a violation of the Second Amendment and therefore not recognized by the state. However, Democrats argued the Missouri law is unconstitutional but Republicans said it was designed to protect Missouri residents’ gun rights from the Biden administration’s attempts to impose more rigid firearms restrictions.
US Justice Department also warned state officials in June that Missouri can’t ignore federal law. But Parson and Attorney General Eric Schmitt said they have planned to still enforce the new law. The DOJ warned in its filing that the state’s law has already limited federal law enforcement’s access to essential information obtained through information-sharing networks. Some jurisdictions have suggested they will limit data provided to the network because of the new state law. Prosecutors said the law creates confusion for private citizens and federal firearm licensees in Missouri regarding the validity of federal firearm laws and federal enforcement authority. They informed that court, “HB85’s repudiation of federal authority threatens to provoke erroneous beliefs about federal agents performing their law enforcement duties, including executing search warrants, making arrests, and seizing firearms used in crimes”.