Gun rights advocates in Missouri are geared up for round two of the state’s valiant effort to codify gun rights protections against ATF overreaches.
State Sen. Rick Brattin (R) introduced SB 23 late last month, a bill that seeks to resurrect the Second Amendment Protection Act from 2021. That law essentially prohibited Missouri officials on the state and local levels from assisting the federal government with gun control efforts deemed to run counter to the Bill of Rights.
If a state or local agency were found to have violated a citizen’s Second Amendment freedoms, they could face a fine of up to $50,000 per employee.
The law declared certain firearms taxes invalid and nullified registration laws and regulations on possessing or transferring weapons.
The Second Amendment Protection Act resulted in law enforcement agencies halting federal reporting and limiting federal access to investigations into cases involving firearms. One agency ceased reporting gun seizures to a federal database.
Six months after the statute took effect, the Department of Justice filed suit against Missouri. A lower court sided with the DOJ while citing the Supremacy Clause, under which federal law supersedes state law.
As the state’s appeal was ongoing, the U.S. Supreme Court denied a petition by Missouri Attorney General Andrew Bailey (R) to allow enforcement.
The case advanced to the Eighth Circuit Court of Appeals, where a three-judge panel unanimously upheld the lower court decision last August.
After the appeals court ruling, Bailey declared, “I will always fight for Missourians’ Second Amendment rights.”
The AG filed a request with the U.S. Supreme Court for a review of the new bill, and a decision on whether this will be granted is expected next month.
And Brattin doubled down on his defense of resurrecting the law. “This isn’t coming and reinventing the wheel…This is just clarifying and making it in line with what the Eighth Courts have done.”
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