A federal judge in Missouri has ruled that a statute limiting local authorities from enforcing federal gun laws is a violation of the U.S. Constitution.
The ruling was handed down by United States District Court Judge Brian C. Wimes on Tuesday, a devastating blow to gun activists and Republicans who advocated for the bill known as the “Second Amendment Preservation Act.” The law prohibits local officers from assisting agencies such as the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives. Some police forces have had to withdraw from task forces led by federal investigators in response to the law. A $50,000 fine for each violation made departments even more reluctant to participate in specific investigations. Missouri Governor Mike Parson signed the bill in 2021, claiming it was meant to protect gun owners from excessive policing.
According to Wimes, the act breaches the supremacy clause of the U.S. Constitution, which mandates that federal laws take precedence over state laws in the event of a dispute. While he acknowledges that the bill was meant to protect citizens, it exposes them to “greater harm.”
U.S. Attorney General Merrick Garland praised the ruling, while Missouri Attorney General Andrew Bailey said he was prepared to escalate the matter to a higher court. As for now, Wimes has deemed the law void, so police can resume participating in federal gun investigations with no repercussions.
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