Feds Look to Squash Missouri’s Second Amendment Sanctuary Law

2nd Amendment – R2KBA Authors Jordan Michaels This Week
Feds Look to Squash Missouri’s Second Amendment Sanctuary Law
Missouri Governor Mike Parson just signed the Second Amendment Preservation Act Last Week. (Photo: Gov. Mike Parson Facebook)

Less than a week after Missouri Gov. Mike Parson signed the state’s Second Amendment sanctuary law, the U.S. Department of Justice is applying pressure.

The law, dubbed the “Second Amendment Preservation Act” (SAPA), says federal actions that infringe on individuals’ Second Amendment rights “shall be invalid in this state, shall not be recognized by this state, shall be specifically rejected by this state, and shall not be enforced by this state.” 

It prohibits state officials from enforcing federal firearms laws, and outlaws any taxes and fees imposed on guns, ammunition, or firearm accessories “not common to all other goods and services and that might reasonably be expected to create a chilling effect on the purchase or ownership of those items.” Gun registration, tracking, and confiscation schemes also fall under this prohibited category.

Writing for the Justice Department, Acting Assistant Attorney General Brian M. Boynton argues that the U.S. Constitution’s Supremacy Clause invalidates the SAPA. “Under our federal system, a state cannot nullify federal law,” he says. “Pursuant to the Supremacy Clause, federal law preempts state laws when, among other things, state laws ‘interfere with, or are contrary to, federal law’—commonly referred to as conflict preemption.”

Boynton also argues that the law would disrupt joint federal-state initiatives, and he makes veiled threats about rescinding the state’s federal funding if they try to enforce the law.

“HB 85 threatens to immediately disrupt the working relationship between federal and state law enforcement officers, many of whom work shoulder-to-shoulder on various joint task forces, for which Missouri receives ample federal grants and other technical assistance,” Boynton says. “In addition, HB 85 risks sowing confusion among both the regulated community of federal firearms licensees, who are obligated under criminal penalty to comply with federal law, and Missouri citizens. And as drafted, HB 85 raises significant concerns under the Supremacy Clause of the United States Constitution.”

“The public safety of the people of the United States and citizens of Missouri is paramount,” he says.

SEE ALSO: 3D Printer Proves Ridiculousness of ATF’s New Definition of ‘Firearm’ – Converts Nerf Gun into .22LR!

Missouri’s governor and attorney general fired back today, calling Boynton’s letter “federal overreach” on Second Amendment rights.

“Missouri is not attempting to nullify federal law,” Gov. Parson and Attorney General Eric Schmitt wrote in a letter to Boynton. “Instead, Missouri is defending its people from federal government overreach by prohibiting state and local law enforcement agencies from being used by the federal government to infringe Missourians’ right to keep and bear arms.”

“Your letter… provides no confidence that the Biden Administration has retreated from this radical, anti-gun position. Indeed, your letter explicitly endorses the view the federal laws authorizing the ‘confiscation’ of firearms from law-abiding gun owners would be constitutional and valid,” they continue. “We do not share your radical view that federal law may effectively cancel out the fundamental liberty equally guaranteed both by the Second Amendment and the Missouri Constitution.”

SEE ALSO: ATF Proposes Unclear New Rule Banning ‘Ghost Guns,’ Redefining ‘Firearms’

Anti-gun groups have applauded Biden’s DOJ for “putting Missouri on notice.”

“Wherever state or local lawmakers try to nullify federal gun laws, they undermine efforts to protect the public from gun violence,” said Eric Tirschwell, managing director for Everytown Law. “This action from the Department of Justice should put lawmakers in several states on notice that they may soon face legal action over these extreme and unconstitutional efforts to block enforcement of federal law. The agency’s attention to this serious issue is good news for public safety.”

So far, no litigation has been announced, but Everytown has vowed to sue states for Second Amendment sanctuary laws.

DOJ’s Letter to Missouri:

Response by Missouri Governor and Attorney General:

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  • John Boutwell June 28, 2021, 6:08 pm

    I’m proud to be a Missouri citizen!

  • Guy June 28, 2021, 1:12 pm

    Ummm…why are the feds raising a big stink about this compared to their “uproar” over state legalization of Marijuana? If they site supremecy classes over this, they they should do the same to 420 states. Imho

  • Dr. Ramon de Torres June 28, 2021, 12:48 pm

    I once wrote PETA asking why they care more about baby animals than baby humans. The answer they gave was typical leftist drek. The very same drek that Federalistas give when they say unconstitutional Federal law supersedes State law. The constitution gives very specific powers to the States and the Federal gov. Banning any class of weapons guaranteed under the constitution is NOT one of those the Feds have. They are wrong.

  • D Hicks June 28, 2021, 11:38 am

    I live 12 miles south of the Missouri state line in ARKANSAS . I say good for Missouri and good if the rest of the states follow. Look up whats going on in ARKANSAS more states rights It’s good to see some states looking out for the peoples Bill Of Rights

  • Jake Rennecker June 28, 2021, 9:00 am

    Funny how the FEDs never tried to reverse State laws when liberal states legalized Marijuana or became sanctuary states for illegals, both of which are clear violations of federal law? More liberal hypocrisy.

  • survivor50 June 28, 2021, 8:04 am

    Oh Yeah !!!

    This is the SAME ” Joe Biteme Biden “, who was part of the ” FAST AND FURIOUS ” gang that sold EVERY TYPE of gun ILLEGALLY to MEXICAN DRUG CARTELS !!! ( Yeah ” JOE ” … you were a part of THAT !!! )

    And his willing accomplices in the DEPARTMENT OF ” JUSTICE ” !!! I’m STUNNED that word doesn’t CHOKE them !!!

    And NOW they want to tell YOU what gun YOU can have if ANY !!!

    This is going to get Ugly… UGLY I TELL YOU !!!

  • survivor50 June 28, 2021, 7:56 am

    ” the U.S. Department of Justice is applying pressure… ”

    AGAIN, a ” Dept. “… NOT CONGRESS, is meddling with laws and Constitutional Amendments !!!

    This is the business of THE CONGRESS !!! The DOJ can not make Amendments to the Constitution, nor can the DOJ take away those Amendments !!!
    It can not JUDGE those Amendments and LAWS (That’s The Supreme Court’s job …) their job, is to just ENFORCE them !!!

    Congress is, and has been, a LAZY INCOMPETENT BUNCH for years, DECADES !!! A HUNDRED YEARS !!!
    Time for YOU (and me) to get off our LAZY rear ends and MAKE our Congressmen (WOMEN and ITS ) DO THEIR JOB !!! Or step aside and WE will do it FOR you !!!

    ( I’m just going to lay down a bet here… most of you have NEVER actually read the entire American Papers… that’s the Declaration Of Independence, The Constitution, and the FEDERALIST Papers that explains it all… first adult beverage is on me if you can debate that !!! Bring paper and pen… there will be a test…)

  • Ej harbet June 27, 2021, 8:57 pm

    Blithering Biden gonna Blither!
    The governor was my sheriff and we’re all ready to be deputies.
    I even got a friend who can do a proper traditional 13 loop noose.
    So bring it and the ones who surrender will go out with a SNAP!
    you’re dealing with the state that birthed bloody bill who filled a graveyard before he went down fighting.

  • Rlee8541 June 26, 2021, 4:58 pm

    Everytown can kiss my Missouri ass and so can joe dirt and the doj. The feds constantly trade so called information for those in criminal ACTIVITY. They trade gun crimes for information. How do I know because I’ve locked up many gang members. When they rat out each other my warrant apps would be modified and the PA would drop the charges to get someone bigger. My hard work didn’t mean crap. Because officers actually doing their job actually locking up turds doing bad things. Leaving honest good people alone because there’s too many bad people out there. Month or so later you see them involved in criminal ACTIVITY again armed up with stolen guns being convicted felon and knowing how to play the system in their favor. Do you see everytown actually going after the DOJ or the local prosecutors office for what they do by letting all these bad people out back on the streets doing all this just to take away everybody’s gun rights?

  • Tim Taury June 26, 2021, 2:54 pm

    Hurray for Missouri!

  • M Cross June 25, 2021, 11:54 pm

    Supremacy Clause only applies if the federal law is Constitutional; if not, the states are bound to defend the Constitution. Simple.

  • Scott June 25, 2021, 4:14 pm

    The hypocritical libs HATE it when conservatives use their tactics against them.

    They LOVED the filibuster, using it over 800 times (many times more than Republicans) in the last years of the Trump administration. Now it’s a racist, Jim Crow procedure.

    I’ve said for the last few years that Obama ran a game on the American people. He all but encouraged the states to effectively nullify federal law for marijuana, since that was a popular position with the public and it set precedence for the federal government to NOT enforce unpopular federal law. This set the stage for the feds to ignore Federal immigration law.

    The federal government neglecting to enforce federal law became an accepted practice. So immigration sanctuary cities were created and the public didn’t care. Now there are states who want to do the EXACT same thing regarding the 2nd amendment and suddenly enforcing Federal law is their number one priority.

    These people are evil and really do think they are the “woke”, “chosen ones” and those of us who don’t agree with them are simply wrong and need to be corrected. To them hypocrisy is another valid means to an end as long as the end result is “right”, “moral”, and “on the right side of history”, in their opinion. But they don’t believe their beliefs are opinions…they believe their opinions are FACT and the only acceptable “truth”.

  • Ben June 25, 2021, 11:27 am

    The law is unconstitutional

  • Ben June 25, 2021, 11:23 am

    Is anyone surprised? What did they think was going to happen? We all know that a state government deciding to overrule the federal government is illegal and unconstitutional.

    • Altoids June 25, 2021, 3:09 pm

      Oh but it was perfectly acceptable for states and municipalities to ignore immigration law by becoming “sanctuaries”.

      The application of the “Supremacy Clause” is just a little lopsided, don’t you think?

      How can it be acceptable for some states to ignore federal laws and for other states it is now not acceptable to ignore federal law?

      That precedent has already been set. I think there’s a big problem for the federal government if this goes as far as the SCOTUS.

      • Jim Hottois June 25, 2021, 9:50 pm

        You sir hit the nail on the head, And how about the POT laws, Its still against the law to have pot at the federal level!!

        • Mak June 28, 2021, 9:04 am

          The states’ governments didn’t attempt to nullify federal law, they only changed their own laws restricting the sale and use of marijuana and its derivatives (CBD oil, edibles, etc.). That’s quite a bit different from what Missouri is attempting to do with Federal gun laws. Feds will win this little skirmish easily.

  • kjj5874 June 25, 2021, 11:00 am

    Will our second amendment rights to bare arms eventually come to a second Civil War, this time the individual states vs the Government, the exact reason we have a second amendment.The Second Amendment to U.S. Constitution guarantees each state’s right to keep a militia, and the right of individuals to keep firearms. The Second Amendment protects an individual’s right to keep and bear Arms from infringement by tyrannical Federal government.

    • John Boutwell June 28, 2021, 6:10 pm

      I agree!

  • kjj5874 June 25, 2021, 10:40 am

    Well isn’t that funny that states can invalidate federal drug laws by making marijuana legal, and the feds stay out of it and have no problem with that, but when it comes to the states enforcing the 2nd amendment the feds have a problem? What is going on, do we now live in a Bazaaro world where the feds no longer enforce our constitutional rights, where the federal government is now the enemy of the people and defender of Communism ? What has happened to this country! Why do people keep voting for Communism, do they not like freedom?. The only thing i can figure out is the Communist teacher planted in our government schools have finally brainwashed enough children that are now adults, to now take over and distroy this country.

  • Donald L Cline June 25, 2021, 10:35 am

    “Acting Assistant Attorney General Brian M. Boynton” needs to learn to read: The Supremacy Clause does not make the federal government supreme in all matters whatever: The Supremacy Clause refers to only those laws IN PURSUANCE to the U.S.Constitution. Not one federal gun control law is pursuant to the U.S. Constitution. Not one federal agency with oversight over the right of the people to keep and bear arms is pursuant to the U.S. Constitution. Unlike every other so-called “western Democracy,” our RIGHTS are beyond the reach of government BY LAW. The Bill of Rights is “valid for all Intents and Purposes as part of this Constitution” (Article V) and both the federal and State governments are prohibited from infringing upon them. Thus not one federal law impacting the right of the people to keep and bear arms is valid or lawfully enforceable. Acting Assistant Attorney General Brian M. Boynton should be impeached and fired for advocating violation of the U.S. Constitution as amended. (BTW, the States brought the federal government into this world and the States can take it out.)

  • Harvey Mushman June 25, 2021, 9:24 am

    Can the federal government create federal laws contrary to the constitution they are sworn to uphold? Treason?
    Where the hell are the republican’ts?
    Part of the problem?
    Why isn’t every single one of them up in arms?
    Part of the swamp?
    Every time these swamp rino’s call for money I make sure I give them my opinion not my money.

  • Eveleric June 25, 2021, 8:40 am

    So, where are conservatives in suing states and cities for nullifying sanctuary laws for illegals. Just look at any town with these laws, and you will see nothing but crime, committed by the “best and brightest”. Our side doesn’t have the huevos to file these suits, lest they be called names. Im sick of our side bowing to this. Either we start playing like the left, or we all just give in and let the usa go bye-bye. Come on people. Is there no law firm with balls, to file lawsuits? And I would love to be witness in the fight against 2nd amendment laws. I was shot by 22 mag, when I was 12. By a 2 year old black child. Blew my ankle to shreds. 12 hours surgery. I should be against them, but it was an ACCIDENT. I don’t sit around crying about the constant pain im in, 45 years later. And, I will gladly get on witness stand with loaded gun of any kind, and sit there calling it names and screaming at it, until it gets mad enough to shoot me. Yeah. Never gonna happen. I’ve shown libs that before when they say it’s the gun that kills. I pull out a loaded one, and we sit there for usually 15 minutes. Until they get tired of me talking to them like a 2 year old. Which they are.

  • JJ Johnson June 25, 2021, 7:51 am

    Molon labe, mf’ers

  • Dr Motown June 25, 2021, 7:27 am

    Just rename it the “Illegal Aliens Preservation Act” and “two-blast Joe” will leave you alone….🤬

  • Roland June 25, 2021, 6:30 am

    How long are the American people expected to put up with Bidens treasonous actions. Every time his crime family takes a action it is another violation of the constitution. Biden has shown how much he fears the constitution in his threats to use air strikes and even nuclear weapons against us. B iden fears the second amendment because it is written in a way that totally defines his actions as its reason for being written.

  • Mudhunter June 25, 2021, 6:20 am

    This idiot doesn’t realize, or doesn’t care, that the supremacy clause invalidates federal “laws” that do not pursue “SHALL NOT BE INFRINGED”.

    Let them sue MO, and then the judge can say that every state has the right to defend the rights of its citizens and all federal gun control laws are unconstitutional because of the supremacy clause.

    • deanbob June 25, 2021, 6:35 am

      This is why the left (Marxists, communists, and socialists) hate the constitution and our founders’ history, why they want to tear down the historical monuments, and why they want to rewrite history (ie the 1619 project). They the ignorant sheep can be lead around by the nose!

    • Mak June 28, 2021, 9:08 am

      Nearly every federal gun law has been litigated in the courts and found Constitutional. It’s a specious argument to argue that these laws are unconstitutional when the courts have found otherwise. All of us are bound to the Constitution as American citizens, whether we like it or not. It is through political advocacy that we elect those who will carry our views forward. But arguing that we’re going to take up arms against the Constitution and the nation because we don’t like how it’s been interpreted is dangerous and undemocratic.

  • robert June 25, 2021, 5:18 am

    yes silencers are legal but cost you. local gunsmith here in mo installed several. we in the show me state stand proud of our governor n others we voted in properly not like a couple higher ups we all know got in last year.
    as for federal laws howcome drugs can be sold legaly in states that voted to allow it but thats against federal law ?
    OH WAIT I SEE KEEP EVERYBODY HUNG UP ON DOPE N FEDS WALK IN N ITS OVER? thats my opinion unless they removed that right ?

  • mtman2 June 25, 2021, 4:04 am

    If a law doesn’t comport with the Constitution its no law at all…!

  • Mike Colorado June 18, 2021, 6:25 pm

    Does that mean the federal government is going after every state that has sanctuary for illegal aliens and Colorado passing drug laws that go against federal law? I am starting to see pick and choose to enforce what you want along party lines. History sure is a hard nose B*#&% when it replays itself again especially going down this road of treating law abiding citizens that own guns differently then those that don’t. If I recall that is what the democratic party did when they fought civil rights and wanted to keep segregation. Their mantra back then was “Yes you are free but the constitution does not apply to you.” That line was reserved for Blacks and other minorities. Now they have just repackaged it for the masses in our country and especially gun owners.

    • Justin June 25, 2021, 10:45 am

      Exactly. They are obviously picking which laws to go after or ignore, and being selective.
      Also that “supremacy Clause” they always try to use is invalid. It’s a tired old excuse that simply does not work.
      It only applies to interstate trade.
      See the Tenth Amendment Center that explains it in detail.
      States have the Supreme authority in everything, except interstate trade, foreign policy, and money minting.

  • DeltaLimaEcho June 17, 2021, 7:50 pm

    Was born in MO, thinking it may be time to move back. Are suppressors legal yet?

    • Thoughtful June 25, 2021, 5:37 am

      Legal? Yes., But require federal stamp of course, unfortunately.

      • Justin Cook June 25, 2021, 10:15 am

        Not in MO 🙂

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