A judge has ruled that Missouri’s Second Amendment Preservation Act (SAPA) is unconstitutional.
The opinion, which came from Judge Brian Wimes, says that the bill is in violation of the supremacy clause of the Constitution. The supremacy clause states that when a federal law conflicts with state law, federal law takes priority.
SAPA was passed in 2021. The bill summary states that “federal supremacy does not apply to federal laws that restrict or prohibit the manufacture, ownership, and use of firearms, firearm accessories, or ammunition within the state because such laws exceed the scope of the federal government's authority.”
SAPA declares that all federal laws infringing on the right to bear arms under the Second Amendment are invalid. However, according to Reuters, the judge wrote, “While purporting to protect citizens, SAPA exposes citizens to greater harm by interfering with the federal government’s ability to enforce lawfully enacted firearms regulations designed by Congress for the purpose of protecting citizens."
On Wednesday's Total Information AM, KMOX legal analyst Brad Young called the judge's decision an easy one.
"What this law did, and I even said this at the time that the law was passed and signed, and that is that it made Missouri law superior to federal law," Young explained. "And under the Supremacy Clause of the US Constitution, federal law is the law of the land in areas where the federal government has jurisdiction, and federal government has jurisdiction over the sale and use of firearms. So any Missouri law that contradicts federal law is by its very nature unconstitutional."
However, Young said, there is room for an appeal because of the part of SAPA that said law enforcement officers don't have to enforce federal laws in the state of Missouri.
"On that point, I think the judge got it wrong. Because we've seen examples of this for years with immigration laws, where states say we're not going to enforce federal immigration laws, the courts have upheld that doctrine over and over again, this is no different," he said. "So I think part of this law is truly unconstitutional, but part of it will, I believe, eventually be upheld."
The federal government filed a lawsuit against the state of Missouri over the law in 2022.
St. Louis Mayor Tishaura Jones' office released a statement on the court's decision, saying "A bipartisan majority of Missourians want the state legislature to enact common-sense gun safety measures, like red flag laws and background checks, to help keep families across our state safe. But year after year, Jefferson City politicians have continued to pass dangerous bills that make it more difficult to prevent gun violence in our communities. HB 85 makes it harder for police to do their jobs and strips away critical tools we need to protect our neighborhoods. We are encouraged by the federal court ruling today declaring it unconstitutional.”
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