Challenge to controversial Missouri gun law allowed to proceed, Supreme Court rules - Kansas City Star
The Missouri Supreme Court ruled this week that Jackson and St. Louis counties may challenge the constitutionality of a controversial state gun law, sending the case back to the circuit court.
The ruling comes after the local governments, along with St. Louis City and the Biden administration, sued the state last year shortly after Gov. Mike Parson signed the Second Amendment Preservation Act. They argued that the measure, which prohibits state enforcement of certain federal firearms restrictions, was hindering local enforcement efforts.
A Cole County Circuit judge last August ruled against the attempt to block SAPA, arguing the local governments already had an ability to fight the law — through individual lawsuits against police, brought by those who believe their Second Amendment rights were violated.
In a 6-1 decision released Tuesday, the Missouri high court reversed that decision and sent the case back to the lower courts. Judge George W. Draper III wrote that the circuit court had erred in its previous decision because the other lawsuits do not provide the local governments “adequate remedy at law in which to adjudicate their specific constitutional challenges.”
While the Supreme Court did not rule on the constitutionality of the law, its decision allows the local governments to continue to challenge it.
When it passed last year, SAPA was considered a victory for Republicans and gun rights activists, bolstered by lawmakers’ desire to push back on gun control measures promised by President Joe Biden’s administration. It declares certain federal gun laws “invalid” if they do not have an equivalent in Missouri statutes and prohibits local police from helping federal agents to enforce them.
Police departments are also subject to $50,000 lawsuits from private citizens who believe their Second Amendment rights were violated.
But the law has also caused frustration for some in Missouri law enforcement. Since its passage, police have halted a variety of routine practices that involve either firearms or the federal government. They include withdrawing from joint efforts to enforce gun or drug laws, cutting off the Bureau of Alcohol, Tobacco, Firearms and Explosives from shell casing information gathered at crime scenes and, in some cases, barring officers from even talking to federal agents without permission.
Others have argued that the law also widens a loophole that allows convicted domestic abusers to carry guns. Last fall, the Missouri Coalition Against Domestic and Sexual Violence filed an amicus brief to challenge the constitutionality of SAPA.
In a joint statement Tuesday, the three local governments praised the high court’s decision.
“Municipalities and law enforcement groups across Missouri are coming together to challenge HB 85, which takes away critical tools we need to protect communities from gun violence. St. Louis City, St. Louis County, and Jackson County are pleased with today’s decision and look forward to a ruling that overturns this dangerous, blatantly unconstitutional legislation,” the statement said.
source: https://www.kansascity.com/news/politics-government/article260808182.html
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