U.S. Department of Justice sues Missouri over law nullifying federal gun statutes
JEFFERSON CITY — The U.S. Department of Justice sued Missouri on Wednesday over the state's 2021 law that attempts to invalidate certain federal firearms measures.
Federal attorneys argue the law, billed as the Second Amendment Preservation Act, undermines the government's authority, harms law enforcement operations and violates the U.S. Constitution's supremacy clause, asking for it to be blocked. The law is currently under evaluation by the Missouri Supreme Court after several counties in the state asked the bench to block it.
"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," U.S. Attorney General Merrick Garland said in a statement.
Missouri gun laws: Counties, DoJ ask Missouri Supreme Court to block law
The law, which was sponsored by southwest Missouri Republican lawmakers and signed into law by Gov. Mike Parson, has prompted police to withdraw from federal task forces focused on violent crime and refuse to provide certain information to federal authorities. It also allows citizens to sue for up to $50,000 if they believe police violate the law.
"Although a state may lawfully decline to assist with federal enforcement ... a state may not directly regulate federal authority," wrote Brian Boynton, U.S. deputy assistant attorney general. "H.B. 85 does exactly that by purporting to nullify, interfere with, and discriminate against federal law."
The five categories that the law nullifies, Boynton wrote, including registration, tracking and confiscation laws, "are lawful and consistent with the Second Amendment."
In a Wednesday statement, Attorney General Eric Schmitt called the lawsuit "partisan."
"Time and again, the Biden administration has put partisan politics ahead of public safety," Schmitt said. "Make no mistake, the law is on our side in this case, and I intend to beat the Biden administration in court once again."
The Missouri attorney general claimed the department had "used this lawsuit as pretext" to halt a joint partnership between Missouri and federal law enforcement, the Safer Streets Initiative.
U.S. Attorney Teresa Moore said Thursday that attorneys from Schmitt's office are continuing to work with the federal government, and that it was "inaccurate" that the office had withdrawn from the initiative.
"I remain committed to working alongside state and local law enforcement partners," Moore said. "This has been an effective strategy, and an efficient use of resources, to combat violent crime."
An attorney with the Department of Justice outlined similar arguments in testimony to the Missouri Supreme Court last week, saying Missouri's law "has posed substantial threats to public safety." The state has argued the statute is lawful and that criticisms in Missouri courts are "meritless."
Galen Bacharier covers Missouri politics & government for the News-Leader. Contact him at gbacharier@news-leader.com, (573) 219-7440 or on Twitter @galenbacharier.
This article originally appeared on Springfield News-Leader: U.S. Department of Justice sues Missouri over gun law
