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Home / News / Missouri News / Missouri judge dismisses challenge to state’s Second Amendment Preservation Act
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Attorney General Eric Schmitt.

Missouri judge dismisses challenge to state’s Second Amendment Preservation Act

An attempt by the Biden administration to block Missouri’s Second Amendment Preservation Act has failed.

A Cole County judge sided with the state last week, the day before the new law was to be implemented. St. Louis and Jackson Counties had sued, asking the court to find the law unconstitutional.

Today’s ruling was an important victory for the Missouri Attorney General’s Office over the Biden Department of Justice, and for the Second Amendment rights of all Missourians,” Attorney General Eric Schmitt said. “Since the Second Amendment Preservation Act was passed, I promised to fiercely defend the law and Missourians’ Second Amendment rights — that’s exactly what we did in this case and will continue to do moving forward.”

The act declares federal laws that could restrict gun ownership among law-abiding Missourians as invalid. It also dictates that law enforcement officers cannot enforce federal firearm regulations that could be deemed invalid under the law, holding the departments financially liable if they do so.

The new law quickly drew the attention of the federal government: Schmitt and Gov. Mike Parson faced off with the U.S. Department of Justice while the federal agency called on the court to strike down the law. The statement of interest said the measure violated the federal supremacy clause and decried the negative impact it could have on law enforcement.

“I am happy that the judge ruled in our favor today, but I’m sure this ruling isn’t the end of the litigation,” said Missouri Rep. Jered Taylor, who sponsored the bill. “I look forward to continued success in court on legislation designed to protect law-abiding gun owners in Missouri.”

In his judgment, the judge said the plaintiffs had pointed to at least two pending cases involving them regarding the act He said the constitutional issues raised should be “litigated (if at all) by each plaintiff in each separate case.”

–Alan Goforth | Metro Voice

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