Supreme Court Refuses to Get Involved as Missouri’s Second Amendment Protection Act Case Plays Out

On October 20, 2023, the United States Supreme Court refused to intervene as a response to an emergency application looking for  the High Court to rule in favor of Missouri’s Second Amendment Preservation Act.

The Supreme Court refused to get involved while the appeals process is still being hammered out. AWR Hawkins noted that “such decisions not to intervene have been common when gun legislation is on an appeals path that could result in it being brought before the High Court at a future time.”

After the Missouri Second Amendment Preservation Act was passed, several federal gun control measures were declared unenforceable in the state. Additionally, the law allows citizens to file lawsuits against police departments and agencies to see if citizens could demonstrate that gun control measures violating the Second Amendment had been enforced.

On October 20, the Supreme Court refused to intervene in the appeals process currently going down with respect to Missouri’s Second Amendment Preservation Act.

Justice Neil Gorsuch agreed to not intervene in the case at this time, writing, “I agree with the denial of the application for a stay under the present circumstances. An injunction purporting to bind private parties not before the district court or the ‘challenged’ provisions ‘themselves,’ however, would be inconsistent with the ‘equitable powers of federal courts.’”

Justice Samuel Alito shared the same view as Gorsuch. Justice Clarence Thomas provided a dissenting opinion but did not offer an official explanation. 

The emergency application dealt with the Missouri v. United States case. The application was No. 23A296 in the Supreme Court.

While the courts can legitimately roll back gun control abuses by the federal and state governments, there are limits to how useful they can be in halting tyranny. It’s ultimately going to take a multi-pronged approach consisting of electioneering, legislative lobbying, and litigation to roll back gun control and restore gun rights in America.

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