US District Court rules SAPA unconstitutional

On Monday, a federal judge ruled that the Missouri Second Amendment Preservation Act (SAPA) is unconstitutional. 

SAPA prohibits local Missouri law enforcement from participating or enforcing federal gun laws. United States District Court Judge Brian Wimes ruled on March 6, 2023, that the act violated the Supremacy Clause of the United States Constitution. This clause states that federal laws take precedence over state laws with conflicting issues.

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The judge says, “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.”

Missouri Attorney General Andrew Bailey plans to appeal the court’s ruling, and the Governor’s office supports it. 

The lawsuit against SAPA was brought by the United States Department of Justice and was joined by the cities of Kansas City and St. Louis, and the counties of Jackson and St. Louis County. 

HISTORY:

Governor Parson Signs HB 85 Establishing Second Amendment Preservation Act

Missouri Supreme Court Hears Second Amendment Preservation Act Challenge

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