However, a federal court struck down that effort as unconstitutional for a second time this week.
U.S. District Judge Brian Wimes ruled last year that the law ran afoul of the Constitution, and that determination was upheld again.
On Monday, a three-judge panel of the U.S. Eighth Circuit Court of Appeals determined that the Second Amendment Preservation Act (SAPA) violated the Constitution’s Supremacy Clause. This ensures that federal law supersedes those of the states.
Gov. Mike Parson (R) signed the measure into law in 2021, and Attorney General Andrew Bailey (R) vigorously defended it ever since. The state sought to invalidate federal acts it believed violated the Second Amendment, and gun rights advocates cheered the defiance of government overreaches.
SAPA included regulations concerning the registration and tracking of firearms and possession by some persons subject to domestic violence orders. It further prohibited state and local law enforcement from assisting federal agents in enforcing invalidated federal laws.
Private citizens were permitted to sue enforcement agencies who they believed violated their Second Amendment freedoms.
The Missouri law never took effect as it was immediately challenged by Washington.
Chief Judge Steven Colloton conceded that the state may withhold assistance from federal agents enforcing gun laws. He determined, however, that the state may not accomplish this goal “by purporting to invalidate federal law.”
Just as state preemption laws which bar local governments from enacting their own gun control restrictions are being upheld in court, federal supremacy over the states was also reestablished. Though Missouri was undoubtedly justified in its outrage over controversial gun control measures from Washington, SAPA was never likely to withstand a court challenge.
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