Missouri man sues authorities citing new ‘Second Amendment preservation act’

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ST. LOUIS- A man from Doniphan, Missouri may be the first to file suit against law enforcement authorities under the premise of a new state law that’s meant to safeguard second amendment constitutional rights.

Our news partners at the St. Louis Post-Dispatch report that Cameron Acosta, of Ripley County, cited the Second Amendment Preservation Act in a July lawsuit against Ripley County Sheriff Mike Barton and others after Acosta was charged with two drug counts and a related firearms count.

The Post-Dispatch reports that the Ripley County Prosecuting Attorney responded to the suit by saying that the provisions Acosta relied upon don’t pertain to offenses taking place before August 28, 2021, when the new law will be fully in effect.

Acosta withdrew the suit this week, court records show.

The new law has caused controversy in law enforcement circles. O’Fallon, MO Police Chief Philip Dupuis resigned in June, citing the potential for unintended consequences brought by the law.

“This vague language will create a flood of weaponized litigation that will chill the legitimate peace keeping duties of police. This will decrease public safety and increase frivolous lawsuits designed to harass and penalize good hard working law enforcement agencies,” he said.

In June the U.S. Department of Justice notified state officials, warning that states don’t have the ability to disregard or ignore federal gun laws.

State leaders responded by releasing a statement that Missouri “will fight tooth and nail to defend the right to keep and bear arms protected by the Second Amendment, Article I, § 23 of the Missouri Constitution, and the Second Amendment Preservation Act. And we will not tolerate any attempt by the federal government to deprive Missourians of this critical civil right.”

The law’s author told FOX2 in June that he expects the bill to be the subject of a court challenge.

 

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