Gov. Parson signs Second Amend. Act

U.S. Department of Justice reminds Parson of federal law
 
Gov. Mike Parson signed House Bill 85, better known as the Second Amendment Protection Act (SAPA), into law on Monday, June 14.
According to information on the Missouri State Senate’s website, the law declares invalid all federal laws that “infringe on the right to bear arms under the Second Amendment to the U.S. Constitution and Article I, Section 23 of the Missouri Constitution.” Some of the laws listed as being declared invalid include “certain taxes, certain registration and tracking laws, certain prohibitions on the possession, ownership, use, or transfer of a specific type of firearm, and confiscation orders as provided in the act.”
The law also states that it's the duty of the courts and law enforcement agencies “to protect the rights of law-abiding citizens to keep and bear arms” and prohibits state and local employees in Missouri from enforcing laws invalidated by the act, though state employees may accept aid from federal officials in an effort to enforce Missouri gun laws.
Additionally, under the law, any public officer, as well as any state or local employee who attempts to enforce a law declared invalid by SAPA “shall be subject to a civil penalty of $50,000 per employee hired by the law enforcement agency.” Attorney’s fees and court costs could also be awarded.
The law, however, does allow law enforcement to work with federal officers “who are in pursuit of a suspect when there is a demonstrable criminal nexus with another state or county, and the suspect is not a citizen of this state or is not present in this state.” It also states Missouri law enforcement officers can work with federal officers for “felony crimes involving a weapons violation against a person or for felony crimes involving a weapons violation and a controlled substance violation” if the violations are Class A or Class B felonies.

Sheriffs not sold on bill
Missouri State Representative Mitch Boggs, who represents the 157th District in the Missouri House, said concerns expressed by Missouri sheriffs concerning the legislation were taken into consideration when SAPA was written. Several Missouri sheriffs had voiced worries that they might not be allowed to work with federal officials to apprehend and prosecute certain people who violate federal gun laws.
“As we worked through the bill, we worked through those different parts of the process to make sure that those precautions were in place; that we didn’t set criminals free,” he said. “That’s not the intent of the bill at all; nor was it the intent to give people a buffer to hide behind. With all that, is it perfect? We don’t live in a perfect world, so that’s going to be tough to do, but we made our best attempt to protect our citizens that are lawfully carrying (firearms). It just keeps the federal government from coming in and saying, ‘Hey, we’re going to take these guns away from you,’ was basically the intent. It wasn’t to keep sheriffs from working with federal agents.”
Boggs said the law would protect the rights of law-abiding Missouri citizens to own firearms within the state.
“It’s just protecting the citizens from the federal government so that they can’t overreach their bounds here in Missouri,” he said. “That’s the foundation of what we’re trying to do. Not to overreach our sheriff’s department or anything like that, just to protect the citizens with their firearms.”

Federal law supersedes state law
The law, which takes effect on Aug. 28, has already drawn the attention of the United States Justice Department. The Associated Press reported that Acting Assistant Attorney General Brian Boynton sent Parson a letter stating that Missouri lacks the authority “to shield any Missouri businesses or citizens from federal law or to prevent federal law enforcement officials from carrying out their duties.” He also stated that federal law would supersede SAPA, and that SAPA “threatens to disrupt the working relationship between federal and local authorities.” Boynton also noted that Missouri receives “federal grants and technical assistance.”
Parson and Missouri Attorney General Eric Schmitt responded in a letter that Missouri has the authority to enact the legislation under the Second and 10th amendments to the United States Constitution. They also said they would “fight tooth and nail” to protect the rights of Missouri citizens to keep and bear arms, and would not tolerate “any attempt by the federal government to deprive Missourians of this critical civil right.”

Read the law
The law can be seen on the Missouri State Senate website at www.senate.mo.gov/legislation, click on the link “Governor’s Actions on Truly Agreed Bills,” and then the link “HB 85.”