Friday, April 29, 2022

MO Supreme Court Reverses Ruling On Second Amendment Preservation Act

The Missouri Supreme Court this week, Reversed a Decision by 19th Circuit Court Judge Dan Green, who Refused to Stop the Enforcement of Missouri's "Second Amendment Preservation Act", which punishes Missouri Law Enforcement Agencies for enforcing Federal Gun Laws.

The Law says when "the federal government assumes powers that the people did not grant it in the constitution of the United States, its acts are unauthoritative, void, and of no force." It punishes Law Enforcement Agencies, which, for instance, participate in Task Forces that include Federal Law Enforcement Officers.

It has the effect of invalidating Federal Laws that restrict the Manufacture of Guns or Ammunition, and Llaws that limit the ability to own or carry firearms and is arguably the most restrictive gun law in America.

The City of St. Louis, St. Louis County, and Jackson County sued the state and Attorney General Eric Schmitt seeking to have Enforcement of the Law stopped.

With backing from the U.S. and the Missouri Coalition Against Domestic and Sexual Violence, the Local Governments argued that the Law violates the U.S. Constitution's Supremacy Clause, which essentially says that Federal Law takes precedence over State Law.

The Justice Department (DOJ) said the Law has already caused several Missouri Police Departments to Stop sharing Evidence with Federal Agencies, and at least a Dozen Missouri Police Officers have dropped out of Federal Task Forces. It said the Law "curtails law enforcement officers' ability to investigate, apprehend, and prosecute criminals."

In his August 2021 Ruling, Green said that since there were Two Pending Lawsuits regarding the matter, he was Justified in Refusing to issue a Restraining Order on the Law. He said the Results of those Lawsuits should be the Remedy for the Local Governments seeking Injunctive Relief, not a Ruling from the Court.

But the Supreme Court said it was Unfair to expect Local Governments to wait for Court Cases to address the many Concerns expressed by the Plaintiffs and other future Plaintiffs, noting that the purpose of Declaratory Judgments is to Settle and afford Relief from Uncertainty and Insecurity with respect to "Rights, Status, and other Legal Relations".

So the Court Reversed Green's Ruling and sent it back to him for Reconsideration.

According to a Court Spokesperson, the effect of the Ruling is to completely Reset the Process, as if the Original Case had never happened, and the Court placed a Deadline on the possibility of another Circuit Court Ruling.

Parties who wanted a Re-Hearing of the Case had to Submit Motions by April 15th.

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