Judge to decide lawsuit on Missouri gun law

Judge to decide lawsuit on Missouri gun law

House Bill 85 does not take effect until August 28th. Cole County Judge Dan Green told lawyers it could be a week before he has a decision on the legality of the gun rights law approved by Missouri lawmakers on the final day of the 2021 legislative session. Missouri House Bill 85 is arguably is the most restrictive gun law in the nation. It seeks to punish Missouri law enforcement agencies that help the federal agents enforce national gun laws in the Show-Me State. The Missouri law essentially invalidates federal rules that restrict the manufacture of weapons and ammunition and laws that limit the ability to own or carry firearms. Lawmakers eliminated language to allow lawsuits against individual police officers for attempting to enforce federal gun laws. It does allow for suits against police departments for infringing on second-amendment rights with penalties of $50,000 per violation. Critics liken it to defunding the police. The city and county of St. Louis sued, saying House Bill 85 violates the supremacy clause of the U.S. Constitution. Robert Dierker is the attorney for the plaintiffs. “The fact of the matter is that the General Assembly has taken upon itself to declare certain laws unconstitutional,” said Dierker. “And the General Assembly does not have that power.” The attorney general counters that the law merely prohibits state resources from being applied to the enforcement of federal gun laws, but it does not stop federal officers from doing so on their own within state borders. “So, […]

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