Department of Justice sues state of Missouri over federal firearms laws - KY3

JEFFERSON CITY, Mo. (KY3) - The Department of Justice filed a lawsuit to prevent the State of Missouri from enforcing House Bill 85 (H.B. 85).

Signed into law in June 2021, the Missouri law declares five categories of federal firearms laws “invalid” and deters and penalizes their enforcement by federal, state, and local law enforcement officers. The government’s complaint seeks declaratory and injunctive relief prohibiting enforcement of H.B. 85 and further clarifying that state and local 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 without fear of H.B. 85′s penalties. Specifically, the complaint alleges that H.B. 85 is invalid under the Supremacy Clause, is preempted by federal law, and violates the doctrine of intergovernmental immunity.

“This act impedes criminal law enforcement operations in Missouri,” said Attorney General Merrick B. Garland. “The United States will work to ensure that our state and local law enforcement partners are not penalized for doing their jobs to keep our communities safe.”

The complaint alleges that the restrictions imposed by H.B. 85 have hindered cooperation and other activities that assist federal, state, and local law enforcement efforts. Federal law enforcement agencies within the state report that enforcement of federal firearms laws in Missouri has grown more difficult since H.B. 85 became effective. The penalties associated with H.B. 85 have prompted state and local agencies and individuals within those entities to withdraw support for federal law enforcement efforts, including by not sharing critical data used to solve violent crimes and withdrawing from joint federal task forces. The complaint challenges the constitutionality of the law and seeks to enforce the supremacy of federal law. Dozens of state and local officers have resigned from federal joint-task forces in the state as a result of the law. According to Missouri’s own statistics, nearly 80% of violent crimes are committed with firearms.

“A state cannot simply declare federal laws invalid,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “This act makes enforcement of federal firearms laws difficult and strains the important law enforcement partnerships that help keep violent criminals off the street.”

Missouri Attorney General Eric Schmitt offered this statement following the lawsuit.

“After their disastrous arguments in the Missouri Supreme Court last week, the Biden Department of Justice has now filed yet another partisan lawsuit that seeks to attack Missourians’ Second Amendment rights. Unfortunately, the Biden DOJ has used this lawsuit as a pretext for them to pull the plug on our successful and innovative federal-state crime-fighting partnership, the Safer Streets Initiative. Since I launched the Safer Streets Initiative in 2019, we’ve filed over 650 charges against nearly 390 defendants with a conviction rate of roughly 98%. My Office has fought to continue the initiative, but this initiative has been suspended solely because of the Biden Administration’s actions. Time and again, the Biden Administration has put partisan politics ahead of public safety. Make no mistake, the law is on our side in this case, and I intend to beat the Biden Administration in court once again.”

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source: https://www.ky3.com/2022/02/16/department-justice-sues-state-missouri-over-federal-firearms-laws/

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