The Missouri legislature isn’t waiting around to see what kind of anti-gun agenda is going to come out of the Biden administration. Warning that they expect the worse from a president who has declared the NRA an enemy, the Missouri House voted 107-43 this week to pass a bill that would prohibit state law enforcement agencies from enforcing federal firearms regulations. Called the “Second Amendment Preservation Act,” the bill moves to a final floor hearing this week before moving to the Missouri Senate.
From the Washington Examiner:
The measure would invalidate federal laws or “other actions deemed to infringe on a person’s Second Amendment right to bear arms,” while claiming not to infringe on federal authority to enforce federal gun laws in Missouri.
All Missouri gun laws would remain in effect under the measure, which is one step away from adoption by the chamber and transferal to the Senate where a similar ‘Second Amendment Preservation Act’ awaits a first floor hearing.
Sen. Eric Burlison’s, R-Battlefield, Senate Bill 39 was advanced by the chamber’s General Laws Committee on Jan. 26.
Burlison sponsored the same bill last year but did not get a Senate hearing and, most notably, the 2013 ‘Second Amendment Preservation Act’ that lawmakers adopted but was vetoed by then-Gov. Jay Nixon, a Democrat.
This year, with a Republican in the governor’s mansion, Republicans like Burlison are hoping to see the bill passed into law. In remarks before the state House, Burlison predicted that Biden and the Democrat-controlled Congress would push an agenda including “gun bans directly, magazine bans, attacks on private gun manufacturers, red flag laws and restrictions on individual citizens from buying firearms.”
Even if the bill passes through the Missouri legislature, existing Supreme Court case law casts doubts as to its enforceability. The high court has already ruled that state governments cannot take action to invalidate or maneuver around federal law.
On the other hand, if this bill is carefully crafted so that it only pertains to local law enforcement, it would be comparable to “sanctuary city” legislation that has been passed in California and several other states. These laws don’t prevent the feds from doing their business, but they do prevent state and local police from having any part of that enforcement. So far, the courts have given these laws their full blessing.
We’ll see if that remains true when it comes to the Second Amendment.