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Gov. Mike Parson signs the "Second Amendment Preservation Act" in lee's Summit. Metro Voice photo: Justin Mawhirter.

SCOTUS declines to reinstate Missouri’s Second Amendment Preservation Act

The U.S. Supreme Court late last week decided not to reinstate Missouri’s Second Amendment Preservation Act, at least for now. The law would have barred authorities from enforcing federal gun laws. U.S. District Judge Brian Wimes invalidated the law in March, ruling it was a violation of the supremacy clause.

“While purporting to protect citizens, (the Missouri law) 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,” he wrote.

The Biden administration sued Missouri in 2022 to block the law. It had urged the Supreme Court not to revive the measure, arguing that it violated a constitutional provision called the “supremacy clause” that makes federal law supersede conflicting state laws, The administration said the measure improperly interfered with U.S. firearms regulations, undermined public safety and caused Missouri state and local police agencies to stop assisting in enforcement of federal gun laws.

Clarence Thomas justice

Supreme Court Justice Clarence Thomas. Photo: video still.

Justice Clarence Thomas indicated that he would have reinstated the Missouri law. The Supreme Court expanded gun rights in a 2022 decision written by Thomas. It is hearing arguments next month in the first case stemming from last year’s ruling.

Missouri Attorney General Andrew Bailey’s appeal of Wimes’ decision remains pending in front of the Eighth Circuit Court of Appeals. It’s possible the Supreme Court could eventually take up the case at a later date after a ruling from the appeals court. That ruling came on Sept. 29, with the appeals court denying the stay — meaning that despite the judge’s decision, the law had been in effect until just a few weeks ago.

Bailey, in a statement from a spokesperson, said the ruling was “purely a procedural matter. We look forward to defending Missourians’ Second Amendment rights at the Eighth Circuit Court of Appeals.”

–Alan Goforth |  Metro Voice

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