Topline
The Department of Justice filed a lawsuit Wednesday to prevent Missouri from enforcing a law declaring some federal firearm rules “invalid,” which the department says has hindered law enforcement in a state where guns are used in nearly 80% of violent crimes.
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Key Facts
Missouri’s “Second Amendment Preservation Act,” which was signed into law by Republican Gov. Mike Parson June 14, declares invalid all federal laws deemed to infringe on the right to bear arms as defined by the U.S. Constitution and Missouri Constitution, including laws preventing some domestic violence offenders from possessing firearms.
The law threatens any public officer or state or local employee who attempts to enforce “invalid” laws with a fine of $50,000.
In a complaint filed in federal court Wednesday, the DOJ said the law has prevented previously cooperative state and local offices from sharing critical public safety information with federal law enforcement and created “rampant confusion” about what is allowed and what isn’t.
Republicans state Sen. Eric Burlison and state Rep. Jered Taylor, who sponsored the Second Amendment Preservation Act, did not immediately respond to requests for comment.
Missouri Gov. Mike Parson.
Key Background
Missouri’s firearm death rate increased 35% from 2014 to 2019, due primarily to a 65% firearm homicide rate increase over the same period, according to the Educational Fund to Stop Gun Violence, a nonprofit that supports tighter gun laws. Since the week it became law, the Second Amendment Preservation Act has been challenged in the courts, first by the city of St. Louis and by St. Louis County, then by Jackson County. Robert Dierker, an attorney for the city and counties, derided the law as the “Separation of Powers Destruction Act” and said it was “unintelligible” about what federal laws were deemed invalid. The DOJ is now seeking to block enforcement of the act on the grounds that it violates the doctrine of intergovernmental immunity—which prevents the federal government and state governments from interfering in one another’s sovereignty—and the U.S. Constitution’s Supremacy Clause, which says the federal constitution and federal laws generally take precedence over state constitutions and laws.
Crucial Quote
“A state cannot simply declare federal laws invalid,” Principal Deputy Assistant Attorney General Brian M. Boynton said in a statement Wednesday. “This act makes enforcement of federal firearms laws difficult and strains the important law enforcement partnerships that help keep violent criminals off the street.”
Big Number
1,200. That’s how many Missourians died from gun violence in 2019, according to the Educational Fund to Stop Gun Violence.
Further Reading
“Missouri Supreme Court weighs law against federal gun rules” (Associated Press)
Source: https://www.forbes.com/sites/zacharysmith/2022/02/16/doj-sues-missouri-over-law-declaring-some-federal-firearm-rules-invalid/