Missouri Supreme Court hears arguments on Second Amendment law - fox4kc.com

ST. LOUIS — The Missouri Supreme Court heard arguments Monday over a new state law that advocates say protects 2nd Amendment freedoms.

But critics, including the city of St. Louis, St. Louis County, Jackson County and the U.S. Justice Department, say it’s unconstitutional because it allows state law to nullify federal law.

An attorney for the Justice Department pointed to what he called “substantial threats to public safety” because the Second Amendment Preservation Act, which was House Bill 85 in the 2021 legislative session, has forced local and state agencies from cooperating with federal efforts on task forces and data sharing.

On Monday, the court raised the issue: “Can’t the state decide not to” participate in such activities?

Attorneys for both sides disagreed as to whether the plaintiffs in the case asked a Cole County trial court to address the constitutional issues.

An attorney for the plaintiffs said it asked for a preliminary injunction, which it said was dismissed as moot when the judge there ruled in favor of the state.

The plaintiffs are asking for the law to be declared unconstitutional and unenforceable, or that the trial court’s judgment be reversed to allow for a preliminary injunction. The state is asking for the trial court’s verdict to be upheld, or at worst, to send the case back to trial court first to address constitutional questions.

The court took no action Monday.

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source: https://fox4kc.com/news/missouri-news/missouri-supreme-court-hears-arguments-on-second-amendment-law/

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