District Judge Strikes Down Missouri Second Amendment Preservation Act

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On Tuesday, District Judge Brian C. Mimes struck down Missouri’s Second Amendment Preservation Act (SAPA), finding the act “invalid, null, void, and of no effect.”

SAPA, House Bill 85, prevents local and state law enforcement from working with federal agents and agencies to enforce gun controls that infringement upon Second Amendment rights.

Gov. Mike Parson (R) signed SAPA into law on July 14, 2021, and commented on the act, saying, “HB 85 puts those in Washington D.C. on notice that here in Missouri we support responsible, law-abiding gun owners, and that we oppose government overreach and any unlawful efforts to limit our access to firearms.”

On March 7, 2023, Judge Mimes issued a decision invalidating SAPA, finding it “unconstitutional.”

He noted:

H.B. 85 is invalid, null, void, and of no effect. State and local law enforcement officials in Missouri may lawfully participate in joint federal task forces, assist in the investigation and enforcement of federal firearm crimes, and fully share information with the Federal Government without fear of H.B. 85’s penalties. The States of Missouri and its officers, agents, and employees and any others in active concert with such individuals are prohibited from any and all implementation and enforcement of H.B. 85.

Missouri state Rep. Eric Burlison (R) sponsored the SAPA legislation in 2021. He commented on Mimes’ decision against SAPA, saying, “As the sponsor of the Second Amendment Preservation Act, I am disappointed but not surprised by the decision from an Obama-appointed, district court judge to unilaterally strike down a pro-Second Amendment law.”

Burlison noted that Missouri Attorney General Andrew Bailey is going to appeal the case in which Mimes’ decided against SAPA.

The case is United States v. Missouri, No. 2:22-CV-04022-BCW in the U.S. District Court for the Western District of Missouri, Central Division.

AWR Hawkins is an award-winning Second Amendment columnist for Breitbart News and the writer/curator of Down Range with AWR Hawkinsa weekly newsletter focused on all things Second Amendment, also for Breitbart News. He is the political analyst for Armed American Radio and a Turning Point USA Ambassador. AWR Hawkins holds a PhD in Military History with a focus on the Vietnam War (brown water navy), U.S. Navy since Inception, the Civil War, and Early Modern Europe. Follow him on Instagram: @awr_hawkins. You can sign up to get Down Range at breitbart.com/downrange. Reach him directly at awrhawkins@breitbart.com.


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