Federal Judge Strikes Down Missouri Nullification Law as Unconstitutional
On March 7, 2023, a federal judge ruled that a Missouri law prohibiting law enforcement from enforcing federal gun control laws is unconstitutional.
United States District Judge Brian Wimes ruled that the 2021 Second Amendment Protection Act (SAPA) is null and void in accordance with the US Constitution’s supremacy clause.
“At best, this statute causes confusion among state law enforcement officials who are deputized for federal task force operations, and at worst, is unconstitutional on its face,” Wimes stated.
Missouri Attorney General Andrew Bailey announced in a statement that he will be appealing the ruling.
“As Attorney General, I will protect the Constitution, which includes defending Missourians’ fundamental right to bear arms,” Bailey stated. “We are prepared to defend this statute to the highest court, and we anticipate a better result at the Eighth Circuit.”
Under this law, law enforcement agencies with officers who knowingly implemented unconstitutional federal gun control laws could be subject to fines of $50,000 for each violating officer.
The Biden regime’s Justice Department filed a lawsuit against Missouri over this law, with the city of St. Louis, St. Louis County, and Jackson County filing a separate lawsuit against said law.
In a joint statement, the entities announced that they were “encouraged” by the federal ruling and expressed their displeasure about the passage of “dangerous bills that make it more difficult to prevent gun violence in our communities.”
In light of this ruling, Wimes said Missouri law enforcement can work in partnership with federal partners to implement gun control.
“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 of H.B. 85’s penalties,” the judge stated.
With how much gridlock there is in DC, Missouri has taken charge by securing its right to bear arms by passing this sanctuary legislation. The fact is that federal gun control is not being rolled back anytime soon. In turn, states will have to lead the charge against these unconstitutional encroachments.
Missouri should not be discouraged by this development. If anything, the state should ignore this ruling and do everything possible to nullify federal gun control. States will ultimately be leading the way in resisting the current federal gun control regime.