Missouri Supreme Court Hears Second Amendment Preservation Act Challenge

(Courtesy of Joey Parker, MissouriNet)

The Missouri Supreme Court is now considering Missouri’s controversial gun law called the Second Amendment Preservation Act, or SAPA.

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Lawyers for St. Louis and two of the state’s most populous counties made their case against the law, saying it causes confusion when it comes to state and federal law enforcement cooperation.

SAPA prohibits state officers, employees and political subdivisions from enforcing certain federal laws and regulations.

If found in violation of enforcing federal laws that infringe upon a law-abiding Missourian’s gun rights, local law enforcement can be sued for $50,000 dollars for each case.

The state argues there’s no judicial background for the state to overturn the law or sections of it.

This case is an appeal to a Cole County circuit court ruling against the municipalities that filed the original case that calls SAPA unconstitutional.

The challengers, St. Louis City and St. Louis and Jackson Counties, also say the law is so vague that officers won’t even know they’ve violated it until they’re taken to court and hit with a judgment that many departments cannot afford.

The governing bodies want the court to declare the act as unconstitutional and want the court to prohibit the act’s enforcement.

Several entities have filed amicus (friends of the court) briefs such as the Missouri Coalition Against Domestic and Sexual Violence. The group argues the act hinders and nullifies federal law protections for domestic violence survivors.

The United States is also asking the court to stop the act, arguing it violates the Supremacy Clause and is causing “significant harm to law enforcement and public safety.”

Gun Owners of America Inc., Gun Owners Foundation, and the Freedom Center of Missouri argue the act does not violate the Supremacy Clause, nullify federal law nor does it prevent federal officers or agencies from enforcing federal firearms laws.

Monday’s arguments lasted about an hour and there is no timeline for when the Missouri High Court will rule in the case.

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