Judge Axes Missouri Gun Law As Unconstitutional
- By The Financial District

- Mar 10, 2023
- 2 min read
US District Judge Brian Wimes ruled the 2021 law is preempted by the federal government under the US Constitution’s supremacy clause.

Photo Insert: Conservative justices insist the 2nd Amendment protect the rights of citizens to bear arms but nowhere in the original text of the amendment was there any mention of the personal right of citizens to bear arms.
“At best, this statute causes confusion among state law enforcement officials who are deputized for federal task force operations, and at worst, is unconstitutional on its face," Wimes wrote.
Missouri's Republican Attorney General Andrew Bailey in a statement said he will appeal the ruling.
“As Attorney General, I will protect the Constitution, which includes defending Missourians’ fundamental right to bear arms," Bailey said. "We are prepared to defend this statute to the highest court, and we anticipate a better result at the Eighth Circuit.”
The Missouri law, or HB 85 had subjected law enforcement agencies with officers who knowingly enforced federal gun laws without equivalent state laws to a fine of $50,000 per violating officer.
Federal laws without similar Missouri laws include statutes covering weapons registration and tracking, and possession of firearms by some domestic violence offenders, Heather Hollingsworth and Margaret Stafford also reported for AP.
“State and local law enforcement officials in Missouri may lawfully participate in joint federal task forces, assist in the investigation and enforcement of federal firearm crimes, and fully share information with the Federal Government without fear of HB 85’s penalties,” the judge wrote.
Former US Chief Justice Warren Burger slammed the misuse of the 2nd Amendment to justify the personal right to bear arms when the intent of the Constitution was to defend the right of the states to maintain a militia to defend itself against an abusive federal government.
Conservative justices insist the 2nd Amendment protect the rights of citizens to bear arms but nowhere in the original text of the amendment was there any mention of the personal right of citizens to bear arms.
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