The Supreme Court on Friday kept on hold a Missouri law that bans state and local officials from assisting the federal government in firearm prosecutions the state deems unconstitutional.
The Second Amendment Preservation Act, enacted in 2021, prevents local governments in Missouri from assisting the federal government in enforcing certain federal gun laws. Local law enforcement could be sued and face a $50,000 fine for aiding the federal government.
The state Assembly, when passing the law, reasoned the federal government enforces certain firearm laws that the state views as unconstitutional under the Second Amendment. Some of the laws the state views as problematic include regulations under the National Firearms Act and the Gun Control Act.
Judge Brian Curtis Wimes, an Obama appointee, said in his district court ruling that the state law was unconstitutional, running afoul of the Supremacy Clause.
But the law was allowed to be enforced as the 8th U.S. Circuit Court of Appeals weighed the issue.
In September, in a one-line order, the 8th Circuit said the law should be blocked as the case works its way through the courts.
Missouri asked the Supreme Court to remove the block and cites the 10th Amendment to support its legislation.
The high court, however, left the injunction in place. Only Justice Clarence Thomas would have granted the state’s request, the high court’s order noted.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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