Missouri asked the Supreme Court this week to allow its law barring local police from enforcing particular federal gun laws to take effect.
The state asked the Supreme Court to block a federal court’s ruling that found its “Second Amendment Preservation Act, which exposes law enforcement agencies that aid in the enforcement of certain federal gun laws to up to $50,000 penalties, to be unconstitutional. A federal appeals court declined to pause the ruling Sept. 29.
“Like many States, Missouri has disagreements with the Federal Government about the correct interpretation of the Second Amendment—and thus how to interpret and enforce certain federal firearms statutes,” the state’s application states. “In light of this Court’s recent Second Amendment decisions, the Missouri General Assembly believes that a small number of federal statutes may be unconstitutional; that the doctrine in this area is changing…and that Missouri officials ought to strive to comply with the Second Amendment to the maximum extent possible.”
Republican Gov. Mike Parson signed the act into law in 2021, and the Department of Justice (DOJ) sued to block the law in February 2022. Attorney General Merrick Garland said at the time that the law “impedes criminal law enforcement operations in Missouri.”
U.S. District Judge Brian Wimes, an Obama appointee, found in March that Missouri officials “may lawfully participate in joint federal task forces, assist in the investigation and enforcement of federal firearm crimes, and fully share information with the Federal Government.”
“At best, this statute causes confusion among state law enforcement officials who are deputized for federal task force operations, and at worst, is unconstitutional on its face,” Wimes wrote.
The state noted in its application that the Supreme Court would be maintaining “the status quo” by blocking the decision, as the law has been in effect for over two years.
“The United States did not sue until February 2022 and never sought preliminary injunctive relief,” they wrote. “So except for the 24-hour period between when the district court entered its order and its administrative stay and the two business days between the Eighth Circuit issuing its one-line order and Missouri filing this application, Missouri’s law has been allowed to stay in effect for more than two years.”
Missouri Attorney General Andrew Bailey did not immediately respond to a request for comment.
Katelynn Richardson on October 6, 2023
