Missouri’s Second Amendment Sanctuary Law is Being Challenged

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July 20, 2021 / Comments (0)

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Every gun owner in Missouri is eager to see what becomes of the 2nd Amendment Sanctuary Law.

If you are still confused about what is going on, here is a sneak peek of the antagonism between state and federal governments.

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The Tug of War Surrounding Missouri’s 2nd Amendment Sanctuary Law

What Does the 2nd Amendment Sanctuary Law State

Missouri's Second Amendment Sanctuary Law is Being Challenged

The Second Amendment Preservation Act states that federal actions that contravene individuals’ Second Amendment rights shall be invalid in the state, shall not be recognized by the state, shall be expressly rejected by the state, and shall not be enforced by the state.

Not only does it prohibit state officials from enforcing federal firearms laws, but it also outlaws any taxes and fees imposed on ammunition, guns, or firearm accessories. This is however not common to other goods and services that might have a negative effect on the purchase or ownership of those items. Firearm registration, tracking, and requisition schemes also fall into this prohibited category.

What Argument Challenges the 2nd Amendment Sanctuary

Missouri's Second Amendment Sanctuary Law is Being Challenged

According to acting assistant AG Brian M. Boynton, the U.S. Constitution’s Supremacy Clause negates the Second Amendment Preservation Act (SAPA). Boynton reports that under the federal system, a state cannot nullify federal law.

Following the Supremacy Clause, therefore, federal law forestalls state laws when, state laws are contrary to federal law, among other things. This is commonly referred to as conflict preemption. He further argues that the law would disrupt any joint federal-state initiatives.

Boynton also threatens about rescinding the state’s federal funding if the law is enforced.
According to him, HB 85 threatens to immediately disrupt the working relationship between federal and state law enforcement officers. Most of these work on various joint task forces that see Missouri receive generous federal grants and other assistance.

Boynton says, “In addition, HB 85 risks reining confusion between the regulated community of federal firearms licensees, who with federal law, and Missouri citizens. And as drafted, HB 85 raises significant concerns under the Supremacy Clause of the United States Constitution. The public safety of the people of the United States and citizens of Missouri is paramount.”

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Gun Owners Handbook

How Has Missouri Responded to the Challenge

Missouri's Second Amendment Sanctuary Law is Being Challenged

Photo by Sheila Fitzgerald / Shutterstock.com

In response to Boynton’s argument, Governor Parson and Attorney General Eric Schmitt clarify in a letter that Missouri is not attempting to invalidate federal law. Instead, it is trying to defend its people from federal government overreach. Thereby prohibiting local and state law enforcement agencies from undermining Missourians’ right to bear and keep firearms.

The two went on to say that Boynton’s letter provided no confidence that the Biden Administration has withdrawn from its anti-gun position. On the contrary, according to the two, Boynton’s letter distinctly endorses the view that the federal laws that authorize the seizure of guns from law-abiding gun owners are valid and constitutional.

Gov Parson and Attorney General Eric Schmitt explicitly stated that they do not share in the radical view, that federal law can cancel the fundamental liberty guaranteed both by the Missouri Constitution and the Second Amendment.

How Have Agencies Responded to the 2nd Amendment Sanctuary

Missouri's Second Amendment Sanctuary Law is Being Challenged

According to Eric Tirschwell, lawmakers sabotage efforts to protect the public from gun violence whenever attempt to void federal gun laws.

As a result, the Department of Justice should put the lawmakers on notice that they may face legal action for blocking federal law enforcement. Everytown Law’s attention to this issue is good news for general public safety.

Watch this video by CNBC Television on President Biden lays out gun control plans:

All that Missouri gun owners can do now is wait and hope that all goes well. The passing of the 2nd Amendment Sanctuary will certainly favor all Missouri’s law-abiding gun owners. On the flip side, it might also have dire consequences to the state, as explained above.

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