Department of Justice Says Missouri Gun Law Is Unconstitutional

The Department of Justice (DOJ) has filed a thirty-seven-page “statement of interest” supporting a legal challenge by the city of St. Louis against the state of Missouri over its new gun law.

The Second Amendment Preservation Act (H.B. 85) prohibits state and local law enforcement agencies from enforcing federal gun laws.

The agency says the law is unconstitutional because it violates federal gun laws and asks the Court to block the law. It was signed into law earlier this year and carries a fine of $50,000 for each police officer that attempts to enforce such rules.

Some law enforcement officers believe that the law jeopardizes public safety.

The city and county of St. Louis filed suit in June, seeking an injunction against the enforcement of the law. They argued that it should be overturned because it violates the Supremacy Clause of the US Constitution, which essentially says federal law is supreme over state law.

The DOJ, noting its strong interest in the injunction, filed said statement of interest “to preserve ongoing federal, state, and local law enforcement efforts.”

“In sum, HB85 has caused, and will continue to cause significant harms to law enforcement within the State of Missouri,” the DOJ wrote.

“The United States supports a declaration that HB85 is unconstitutional and an injunction against its enforcement,” DOJ attorneys said.

Governor Mike Parsons said in a statement earlier this year that the legislation “draws a line in the sand and demonstrates our commitment to reject any attempt by the federal government to circumvent the fundamental right Missourians have to keep and bear arms to protect themselves and their property.

“The purpose of the bill is to stand up to the federal government,” the Governor said.

This is not the first time Parsons has interfered with gun laws in the state. Earlier this month, the Governor pardoned the St. Louis couple who pointed guns at social justice demonstrators last year.

 

 

 

About RavenH

Raven Haywood is a journalist for 10+ years. Graduate from Howard University.

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