February 07, 2022

Missouri Supreme Court discusses controversial SAPA law - krcgtv.com

<p&gtA representative from the U.S. Department of Justice argued alongside an appellant from St. Louis, calling the Second Amendment Preservation Act, or SAPA, unconstitutional, as well as a hindrance to all law enforcement. (Michael Adkison/KRCG 13){/p}
<p>A representative from the U.S. Department of Justice argued alongside an appellant from St. Louis, calling the Second Amendment Preservation Act, or SAPA, unconstitutional, as well as a hindrance to all law enforcement. (Michael Adkison/KRCG 13){/p}

JEFFERSON CITY — The fate of the controversial Second Amendment Preservation Act now lies in the hands of the Missouri Supreme Court, following oral arguments before the justices on Monday.

A representative from the U.S. Department of Justice argued alongside an appellant from St. Louis, calling the Second Amendment Preservation Act, or SAPA, unconstitutional, as well as a hindrance to all law enforcement.

"The federal government cares about this case because this law has posed substantial threats to public safety," Jeffrey Sandberg, an attorney from the federal Justice Department, said. "Because of HB-85, it has become harder for us to investigate all manner of crime including violent crime in this state."

Plaintiffs from the Attorney General's Office argued, rather, that the law had not gone through the due process of law before appearing before the Supreme Court.

"What [the appellants] are saying is short circuit everything, short circuit this adequate remedy of law, short circuit the fact that we never asked the trial court for final judge, and to treat this court as a court of first view," D. John Sauer, a lawyer with Attorney General Eric Schmitt's Office, said. "That's not the role of this court or really any other court of appeals."

The Second Amendment Preservation, in reality, has little to do with preserving Missourians' right to bear arms. Essentially, the law prohibits federal law enforcement agencies from requesting assistance from local enforcement agencies for federal investigations, and vice versa. Originally House Bill 85, it passed the legislature and was signed into law in June 2021.

"We want to work together to solve the problem of violent crime with the state," Sandberg said. "But we are running into problems where there are people who want to cooperate with us, but they're mindful, they're making judgments on the spot on what might potentially put their agencies' budget at risk."

The law has garnered support from Governor Mike Parson and A.G. Schmitt, while also gaining notoriety nationwide, including a report on CBS' 60 Minutes.

"It'd be extraordinary to do what they're asking the court to do," Sauer said.

The Supreme Court has not announced when it will issue a decision on the case. As it stands, the law is still in place.



source: https://krcgtv.com/news/local/missouri-supreme-court-discusses-controversial-sapa-law

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