Missouri asked the Supreme Court Thursday to block a lower court’s order upending a law it had on the books for two years that bans state officials from assisting the feds in firearm prosecutions the state deems unconstitutional.
The state Assembly, when passing the law at issue, reasoned the federal government enforces certain firearm laws that the state views as unconstitutional under the Second Amendment. Lawmakers, thus, passed the Second Amendment Preservation Act in 2021, which prevents local governments in Missouri from assisting the feds in enforcing certain federal gun laws. Local law enforcement could be sued and face a $50,000 fine for aiding the feds.
Some of the laws the state views as problematic included regulations under the National Firearms Act and the Gun Control Act.
“The Missouri General Assembly believes that a small number of federal statutes may be unconstitutional; that the doctrine in this area is changing … and that Missouri officials ought to strive to comply with the Second Amendment to the maximum extent possible,” the petition wrote.
The state cites the 10th Amendment for its ability not to assist the feds in certain investigations.
A lower court this year ruled the law unconstitutional. That decision, though, was placed on hold as the 8th U.S. Circuit Court of Appeals weighed the issue.
Judge Brian Curtis Wimes, an Obama appointee, said in his district court ruling that the state law ran afoul of the Supremacy Clause.
“State and local law enforcement officials in Missouri 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,” he wrote.
Last week, in a one-line order, the 8th Circuit said the law should be blocked as the issue works its way through the courts.
“The motion for stay of judgment and injunction pending appeal is denied,” the order issued last Friday read.
Missouri now wants the high court to step in and let its law remain enforced as it has been the past couple of years.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.