Missouri Supreme Court sends ‘Second Amendment’ lawsuit back to lower court

Missouri Supreme Court sends 'Second Amendment' lawsuit back to lower court

By Joe Mueller | The Center Square (The Center Square) – The Missouri Supreme Court ruled on Tuesday a constitutional challenge to the state’s Second Amendment Preservation Act (SAPA) must be heard at the circuit court instead of waiting for the results of other lawsuits. Republican Gov. Mike Parson signed HB 85 , or SAPA, into law last June. The law establishes civil liability and monetary damages of $50,000 per occurrence if state and local law enforcement cooperate with federal officials to enforce any laws, rules, orders or actions violating a Missourian’s Second Amendment rights. The City of St. Louis, St. Louis County and Jackson County sued the state in circuit court, seeking a declaration the law is unconstitutional and an injunction prohibiting enforcement of SAPA. Missouri Attorney General Eric Schmitt prevailed, as Cole County Circuit Judge Daniel Green ruled the city and counties could get legal clarification from pending cases. In a 6-1 verdict, the Missouri Supreme Court ruled the city and counties were entitled to a judgment on the law by the circuit court and sent it back to the court for further proceedings. The City of St. Louis, St. Louis County and Jackson County released a statement after the ruling conveying their satisfaction with the ruling and anticipating a favorable result in circuit court. “Municipalities and law enforcement groups across Missouri are coming together to challenge HB85, which takes away critical tools we need to protect communities from gun violence,” according to the statement. “St. Louis […]

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