A federal judge in Missouri overturned a state law Tuesday that made certain federal gun laws "invalid" if there is not a state-level equivalent, handing a legal victory to the Justice Department , which sued against the law.
U.S. District Court Judge Brian Wimes, an appointee of former President Barack Obama , wrote that the state's Second Amendment Preservation Act violates the supremacy clause of the Constitution, a doctrine that places priority over federal laws that conflict with state laws.
TEXAS LAWMAKERS WEIGH BIPARTISAN BILL TO CLOSE GUN BACKGROUND CHECK LOOPHOLE
"SAPA’s practical effects are counterintuitive to its stated purpose," Wimes wrote in a 24-page decision, saying that while the law purports to protect citizens, "SAPA exposes citizens to greater harm by interfering with the federal government’s ability to enforce lawfully enacted firearms regulations designed by Congress for the purpose of protecting citizens."
STATEMENT ON SAPA: As Attorney General, I will protect the Constitution, which includes defending Missourians’ fundamental right to bear arms. We are prepared to defend this statute to the highest court and we anticipate a better result at the Eighth Circuit. (1/3)
— Attorney General Andrew Bailey (@AGAndrewBailey) March 7, 2023
Missouri Attorney General Andrew Bailey (R) tweeted Tuesday that the state will be "appealing the court's ruling," adding, "We are prepared to defend this statute to the highest court and we anticipate a better result at the Eighth Circuit."
"If the state legislature wants to expand upon the foundational rights codified in the Second Amendment, they have the authority to do that," Bailey wrote, adding that SAPA "is also about the Tenth Amendment," which holds that the powers not designated by the federal government are reserved to the states.
The DOJ previously said SAPA, which was signed into law in June 2021, strained partnerships between the Bureau of Alcohol, Tobacco, Firearms and Explosives and state and local law authorities.
The city of St. Louis, St. Louis County, and Jackson County have also sued SAPA for similar reasons as the DOJ, and several law enforcement officials have said the law makes their job more difficult, citing deadly instances that occurred following calls to police requesting to remove a firearm from an allegedly mentally unstable individual days before they committed murder.
CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER"[SAPA] has caused many state and local law enforcement agencies to stop voluntarily assisting in the enforcement of any federal firearm offense, or even offer critical investigative assistance to the federal government for use in its enforcement activities," DOJ attorneys wrote in a February 2022 civil complaint against Missouri.
The Washington Examiner contacted the DOJ and Bailey's office for response.