Missouri court strikes down opposition to Second Amendment Preservation Act

Missouri

ST. LOUIS, Mo. – Missouri House Bill 85, also known as the Second Amendment Preservation Act, was signed into law in June. The city of St. Louis, St. Louis County, and Jackson County filed suit seeking a preliminary injunction.

A Cole County judge struck down a request for an injunction today. The new law takes full effect on August 28 and there are legal penalties if specific provisions are not enacted.

The new law, “prohibits state and local cooperation with federal officials that attempt to enforce any laws, rules, orders, or actions that violate the Second Amendment rights of Missourians.”

The US Justice Department says that the new law is an attempt at nullification of federal gun laws. The law also allows for lawsuits against police agencies for violating Second Amendment rights with exposure of up to $50,000 per offense.

Missouri Attorney General Eric Schmitt posted his reaction to the ruling on Twitter, “Breaking: Another huge win. A Missouri judge just ruled in our favor. This time we won defending a new Missouri law protecting our #SecondAmendment rights.”

Supporters of the legislation, including Missouri Governor Mike Parson have said that the intent of the law is to protect Second Amendment freedoms and not to interfere with law enforcement’s ability to cooperate with federal agencies.

The Bureau of Alcohol, Tobacco, Firearms and Explosives says in another that state and local partners have withdrawn from collaborative efforts with federal agencies:

  • The Missouri State Highway Patrol withdrew three troopers from participation in any ATF Task Forces
  • The Columbia Police department withrdrew four officers from particapation in an ATF Task Force
  • The Johnson County Sheriff withdrew one deputy from participation in an ATF Task Force
  • The O’Fallon Police department withdrew two officers with K-9s from particapation in an ATF Task Force
  • The Sedalia Police department withdrew two officers from participation in an ATF Task Force.

The ATF filing also says that the Highway Patrol’s Missouri Information Analysis Center will no longer provide investigative support to ATF, citing the Second Amendment Preservation Act.

The Justice Department declined comment Friday morning.

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