Justice Department sues Missouri in hopes of overturning state gun law

The Department of Justice has filed suit against Missouri to prevent the state from enforcing a controversial bill that restricts enforcement of federal gun laws.

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Jarryd Jaeger Vancouver, BC
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The Department of Justice has filed suit against Missouri to prevent the state from enforcing a controversial bill that restricts enforcement of federal gun laws.

On Wednesday, the Department of Justice announced that it had filed a lawsuit against the State of Missouri over a 2021 law that made it harder for authorities to enforce federal gun laws.

The law, known as the "Second Amendment Preservation Act," deemed a number of federal acts, laws, executive orders, administrative orders, court orders, rules, and regulations infringements on citizens' rights, and rendered them invalid in the state of Missouri.

The lawsuit filed by the DOJ argues that the Missouri law "is invalid under the Supremacy Clause, is preempted by federal law, and violates the doctrine of intergovernmental immunity."

The Supremacy Clause reads as follows:

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

Put simply, federal law takes precedence over state law.

"A state cannot simply declare federal laws invalid," said Principal Deputy Assistant Attorney General Brian M. Boynton. "This act makes enforcement of federal firearms laws difficult and strains the important law enforcement partnerships that help keep violent criminals off the street."

Attorney General Merrick Garland agreed that the act "impedes criminal law enforcement operations in Missouri," adding that, "The United States will work to ensure that our state and local law enforcement partners are not penalized for doing their jobs to keep our communities safe."

Nearly 80% of violent crimes in Missouri are committed with guns, and as CNN reports, there have been instances since the passing of the law wherein additional hurdles have been placed in front of law enforcement. In one case, US marshals and local police faced difficulties when trying to arrest a fugitive allegedly involved in drug trafficking.

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