Montana, Nebraska, and Arizona currently have prohibitions on enforcement of federal gun control measures in place.
However, it is Missouri’s Second Amendment Preservation Act that is getting the most attention from Washington.
The law allows citizens to sue for up to $50,000 if they believe their constitutional rights were infringed upon by local law enforcement carrying out federal gun laws.
In mid-February, the U.S. Justice Department filed suit against Missouri to block the state’s enforcement of the act. The bill was signed into law in June, and it bans local law enforcement agencies from enforcing federal statutes that run counter to state law and the Second Amendment.
U.S. Attorney General Merrick Garland explained the government’s action in a statement. “This act impedes criminal law enforcement operations in Missouri. The United States will work to ensure that our state and local law enforcement partners are not penalized for doing their jobs to keep our communities safe.”
Federal law enforcement agencies have complained of difficulty enforcing national firearms laws since the law took effect.
Missouri Attorney General Eric Schmitt, of course, had a completely different take on the legal showdown. He called the Justice Department’s action “partisan” and an example of Washington putting “politics ahead of public safety.”
Schmitt added his belief that the federal government is attacking “Missourians’ Second Amendment rights.” He said, “the law is on our side in this case.”
Two other suits from municipalities within Missouri argued that the state law is unconstitutional.
The potential ban in Iowa is being pushed by state Rep. Jeff Shipley along with county attorney John Werden. Werden said in his mind it is not “a liberal or conservative issue. I see it as a states’ rights issue.”
Iowa state Sen. Zach Nunn, who introduced the proposal, said the state must protect itself from “federal overreaches” as Washington takes aim at gun owners.
In the November general election, Iowa citizens approved an amendment to the state constitution that even goes beyond the explicit guarantees of the Second Amendment. The amendment reads, “The right of the people to keep and bear arms shall not be infringed. The sovereign state of Iowa affirms and recognizes this right to be a fundamental individual right. Any and all restrictions of this right shall be subject to strict scrutiny.”
This is a battle that is being waged across the country, and more states are lining up to challenge the federal government in its efforts to implement gun control from Washington.
Despite recent Supreme Court rulings that reinforced Second Amendment freedoms, federal agencies and some state governments continue to chip away at the right to keep and bear arms. The result will be several legal showdowns that may take years to work their way up through the court system.
Meanwhile, national pushes for more restrictions only create confusion at the state and local levels. With the clear objective of stripping away gun rights, political leaders are working hard to circumvent not only the Constitution but also the high court.
States are well within their jurisdiction to protect citizen’s rights that are being trampled by national politicians. In the cases of these states, it is Washington, not local leaders, who is stepping in and attempting to enforce measures that run counter to basic liberties.
