Missouri lawmakers on the brink of passing bill to halt federal gun law enforcement

Missouri lawmakers are on the brink of prohibiting police officers from enforcing many federal gun laws, a measure Republicans have sought for nearly a decade.

The Second Amendment Preservation Act, which would declare federal firearms restrictions “invalid” across the state, passed the Senate in a party-line 22-10 vote late Thursday. The House can vote to send the measure to Gov. Mike Parson any time before the legislative session ends at 6 p.m. Friday.

Restrictions that would be “invalid” include laws that require fees, registration or tracking of guns, or laws prohibiting certain people from possessing a gun. The bill would bar local police from assisting federal agents in enforcing those laws and prohibit them from hiring former federal agents who had enforced them. There would be exceptions for cases in which the federal agents are enforcing gun restrictions that also exist in Missouri law.

Republicans pursued the measure with renewed vigor this year after the election of Democratic President Joe Biden, who has issued executive orders on gun control. Arizona passed a similar bill this year and the proposal has been pursued in about a dozen states.

The presidential orders include tighter regulation of homemade “ghost guns,” which lack serial numbers, and a device that allows a pistol to operate more like a rifle. The Biden administration also is encouraging states to adopt “red flag” laws that allow families or police to ask judges to temporarily confiscate guns from people who demonstrate “extreme risks” to themselves or others. The proposal has been introduced in Missouri and gone nowhere for at least the last five years.

Sen. Eric Burlison, a Battlefield Republican who pushed for the bill’s passage, has said it would protect Missourians from federal overreach.

“We’re not eliminating federal firearms laws in Missouri,” he said. “We’re just simply saying we’re not going to lift a finger to enforce their rules.”

Critics said the measure would prevent police from partnering with the federal government on violent drug-or trafficking-related crimes, and that it violates the U.S. Constitution.

Last year, 689 people were shot and killed in Missouri — in what was likely the deadliest year ever for gun violence, made worse by the pandemic. It gave the state the third-highest per-capita rate of gun deaths in the nation.

The bill first passed the House early this session and had been sitting in the Senate for months, leading to a tense environment this week.

Last week, House Speaker Rob Vescovo, an Arnold Republican, said its passage was one of his top priorities this session.

Conservative Republicans in the House accused Senate leaders of holding the bill hostage to force the passage of a long-sought gas tax hike. Their colleagues in the Senate, fueled by a push from gun rights advocates all session, expressed open frustration in recent days that it hadn’t yet come up for a vote.

Meanwhile, lawmakers reported threats.

Sen. Lauren Arthur, a Kansas City Democrat, said threats against her began rolling in on social media as she offered an amendment Thursday to block those convicted of domestic violence misdemeanors from gun possession. Senate Majority Leader Caleb Rowden, a Columbia Republican, also said he received threats leading up to the bill being called for a vote.

“It’s still the right thing to do to stand up for this,” he said.

Arthur’s amendment stalled the bill soon after it was brought to the Senate floor late Thursday morning.

It would have closed what gun control advocates call a loophole allowing domestic abusers to get guns. The prohibition against gun possession for a misdemeanor domestic violence conviction is part of federal law, but when Missouri passed a permitless concealed carry law in 2016, sheriffs were no longer conducting background checks.

“If we as a body say if you commit that crime, you’re convicted of that crime, where you are physically injuring someone else … still have access to your gun, what’s our tolerance for domestic violence?” Arthur said. “It’s not just about forfeiting a right, it’s about keeping someone safe.”

Republicans were skeptical.

Sen. Bob Onder, of Lake St. Louis, called the proposal’s attachment to the Second Amendment bill an attempt to “undermine… efforts to protect Missourians from the overreach from the federal government.” Sen. Jeanie Riddle, a Mokane Republican, said Missouri’s domestic violence misdemeanor charge covered “so many levels” of crimes that gun confiscation wasn’t always justified.

“I’m fearful of somewhere somehow somebody losing their guns when they should not have that happen,” Riddle said.

“I think that probably could happen, but I also am more concerned about the many women who may lose their lives if we don’t do this,” Arthur said.

After several hours of Democratic filibuster, Republicans voted the amendment down.

The bill drew concern from the Missouri Sheriffs’ Association over provisions that would allow those who believe a law enforcement agency has violated someone’s Second Amendment rights by enforcing federal gun restrictions to sue departments for $50,000.

The group was only partially assuaged after some changes to give officers personal protection from liability and allow only the alleged victim to sue, executive director Kevin Merritt said this month.

But “any person residing or conducting business” in a city or county could sue over the hiring of former federal agents -- and the department would be subject to a $50,000 fine per agent hired.

Democrats slammed the proponents for opening liability up for police.

“Are we more pro-gun owners than we are pro-law enforcement?” said Sen. Steven Roberts, a St. Louis Democrat.

Merritt said this month that he worried proponents believe the bill would stop federal gun enforcement altogether.

“They keep pushing on their websites, ‘Joe Biden is coming for your guns and we can stop him,’” he said. “It does nothing to stop the federal agents from coming to Missouri and taking anyone’s firearm.”

Still, the sheriffs’ group joined Senate leaders for a press conference to support the bill’s passage. If it fully passes, it’s unclear if Gov. Mike Parson, a former sheriff, would sign it.

“I think having law enforcement standing with us here today and knowing that what we have passed, they are standing behind us support, I think will go a long way in making the governor feel comfortable,” Senate President Dave Schatz, a Sullivan Republican, said.