US judge strikes down Missouri gun law as unconstitutional
BY Herschel Smith
1 year, 8 months ago
A Missouri law banning local police from enforcing federal gun laws is unconstitutional and void, a federal judge ruled Tuesday.
U.S. District Judge Brian Wimes ruled the 2021 law is preempted by the federal government under the U.S. Constitution’s supremacy clause.
“At best, this statute causes confusion among state law enforcement officials who are deputized for federal task force operations, and at worst, is unconstitutional on its face,” Wimes wrote.
Missouri’s Republican Attorney General Andrew Bailey in a statement said he will appeal the ruling.
“As Attorney General, I will protect the Constitution, which includes defending Missourians’ fundamental right to bear arms,” Bailey said. “We are prepared to defend this statute to the highest court, and we anticipate a better result at the Eighth Circuit.”
The Missouri law had subjected law enforcement agencies with officers who knowingly enforced federal gun laws without equivalent state laws to a fine of $50,000 per violating officer.
Federal laws without similar Missouri laws include statutes covering weapons registration and tracking, and possession of firearms by some domestic violence offenders.
Well then. I expect we’ll see all city, county and state LEOs enforcing immigration laws and arresting illegals now, right?
Oh, wait.
Consider the irony. States like NY, NJ, California and Illinois get to infringe upon rights outlined in the 2A despite what the Bruen decision said, but when states don’t have these corresponding laws to the FedGov, they have to enforce them anyway.
It’s almost like the scales are always tilted toward infringement, yes?
On March 8, 2023 at 10:16 am, george 1 said:
Sounds like it is time for the Andrew Jackson solution.
On March 8, 2023 at 11:16 am, PGF said:
Defending civil rights at the local level is unconstitutional. It makes perfect sense if you’re a centralized government authoritarian.
On March 8, 2023 at 1:12 pm, WWilson said:
Sounds like califukya might have to give us our full 2nd Amendment rights.
On March 8, 2023 at 1:41 pm, Grunt said:
Remember, judges are just lawyers in a high chair.
On March 8, 2023 at 3:36 pm, Elmo said:
I knew it would be a waste of time to look up who nominated this judge and I was right. It was Barry O.
He was confirmed by a Uniparty vote of 92-1.
On March 8, 2023 at 3:58 pm, Latigo Morgan said:
A federal judge? There’s no conflict of interest, there, now is there?
On March 8, 2023 at 5:23 pm, Don't mind me. said:
We no longer live under the rule of law in this country. Act accordingly.
On March 8, 2023 at 6:28 pm, JoeFour said:
It may be all too late, and the country too far gone, but perhaps the various small efforts being made to protect the 2nd amendment mean there is still time. Meaning … time for the (red) States to rediscover the compact theory of our (dis)Union, stand-up against the federal government and for the citizenry, and enact (with rigorous promotion, defense, and implementation) the doctrines of nullification and interposition .. .and, might I add, not just with regard to the 2nd amendment!
https://en.wikipedia.org/wiki/Nullification_(U.S._Constitution)
On March 8, 2023 at 8:02 pm, Jack Crabb said:
“U.S. District magic-black-robed asshat Brian Wimes ruled the 2021 law is preempted by the federal government under the U.S. Constitution’s supremacy clause.”
Yeah, my kids – when they were 8 year old – understood the Constitution better than this jackhole. The supremacy clause doesn’t mean what he thinks it means.
On March 8, 2023 at 9:48 pm, Georgiaboy61 said:
Re: “Well then. I expect we’ll see all city, county and state LEOs enforcing immigration laws and arresting illegals now, right?”
“Oh, wait.”
The old “heads I win, tails you lose” gambit… the people who run things in this country have decided that rules are not for them. So they do things like put their finger on the scales of justice to tilt things in their favor when it suits them. It is a dangerous game, though, if history is any guide – because when the long-put-upon people on the receiving end of this abuse finally have enough of it, then that’s when the pitch-forks and torches come out.
The truly sad and tragic thing is that none of it is necessary. If people would just act in good faith and in a virtuous manner, the system might have a chance to work.
The words of G.K. Chesterton come to mind: “The Christian ideal has not been tried and found wanting; it has been found difficult and not tried.”
On March 8, 2023 at 9:56 pm, Chas said:
Just ignore him like the democrats do..
On March 8, 2023 at 11:58 pm, Dan said:
An Obama appointee. In other words a commie. And like all good commie judges the facts are irrelevant. All that matters is their agenda.
On March 10, 2023 at 9:01 am, Name (required) said:
People are still paying attention to federal courts. That’s not going to last forever. Pot is legal now, despite the feds.
We’ve already seen states quietly ignore federal rulings they don’t like, and that’s going to get more common, and more effective.