Biden’s Justice Department says Missouri state gun law is unconstitutional

[DadSmith]

U.S. Justice Department says Missouri state gun law is unconstitutional

President Joe Biden's Justice Department is stepping up its fight against a new state law in Missouri that aims to invalidate many federal gun regulations, saying the measure has impeded law enforcement efforts to work with state and local police and is also unconstitutional.

www.reuters.com

 

[GIJEW]

F-ing hypocrites. I was wondering whether garland's DOJ would go after "sanctuary cities" and CA over immigration law too--given the "supremacy clause"--but the article said that the DOJ scored a court 'victory', preventing TX from preventing fed.gov from busing illegal migrants all over TX enroute to the rest of the US

 

[BigRed]

U.S. Justice Department says Missouri state gun law is unconstitutional

President Joe Biden's Justice Department is stepping up its fight against a new state law in Missouri that aims to invalidate many federal gun regulations, saying the measure has impeded law enforcement efforts to work with state and local police and is also unconstitutional.

www.reuters.com

Obiden and his justice department can go **** each other straight to ****.

 

[BigRed]

"State of Missouri has no power to nullify federal laws"


Keep pushing it, you mother ******* ********.

The federal government would do well to remember the States created the federal government and not the other way around.

 

[rooster]

If sanctuary cities are allowed to exist then federal law nullification has legal grounds. You can’t have your cake and eat it too

 

[fullmetaljesus]

So let me get this straight.

Fed says no weed it's a schedule 1 drug.
States say **** you fed we do what we want.
Fed says ok we will leave you alone.


Then....


Fed says hey we are restricting your god given rights.
States finally say **** you we do what we want.
Fed says hold up, that's not allowed!

Did I get that right?

 

[MCgrease08]

So let me get this straight.

Fed says no weed it's a schedule 1 drug.
States say **** you fed we do what we want.
Fed says ok we will leave you alone.


Then....


Fed says hey we are restricting your god given rights.
States finally say **** you we do what we want.
Fed says hold up, that's not allowed!

Did I get that right?

Pretty much. You left out illegal immigration in the first part, but otherwise accurate.

 

[fullmetaljesus]

Pretty much. You left out illegal immigration in the first part, but otherwise accurate.

If I listed all the hypocrisy of the gov I'd have to quit my job to have the time.

 

[Leadeye]

Easy to understand, to them guns are more illegal that MJ. Sort of like some animals are more equal than others.

 

[Shootin45super]

Maybe we could tax the weed and send the money to the Taliban!
Wait dont give Bidenlester any ideals

 

[BigRed]

Nullifiction and secession are so very underrated.

 

[ghitch75]

Adolf Biden pound sand

 

[Mikey1911]

Nullification and secession are so very underrated.

Not if you have the proper “nullifier”.

 

[HoughMade]

We've discussed this type of thing many times before. Cliff Notes- states can refuse to enforce federal law. They cannot prevent the feds from enforcing federal law in their borders.

So, this law may or may not have aspects of it that are unconstitutional depending upon how it is applied.

The following thumbnail is based upon the "Bill Summary". https://www.senate.mo.gov/21info/bts_web/bill.aspx?SessionType=R&BillID=57629955 The exact wording of each statute may change the analysis...but I don't have time for an exhaustive study today:

This act declares as invalid all federal laws that infringe on the right to bear arms under the Second Amendment to the U.S. Constitution and Article I, Section 23 of the Missouri Constitution. Some laws declared invalid under this act include certain taxes, certain registration and tracking laws, certain prohibitions on the possession, ownership, use, or transfer of a specific type of firearm, and confiscation orders as provided in the act.

- It depends upon how this is applied. A state can refuse to enforce federal laws…it has no authority to declare them “invalid” and no authority to prevent federal authorities from enforcing federal law.

The act declares that it is the duty of the courts and law enforcement agencies to protect the rights of law-abiding citizens to keep and bear arms.

- OK

Under this act, no public officer or state or local employee has the authority to enforce firearms laws declared invalid by the act. However, state employees may accept aid from federal officials in an effort to enforce Missouri laws. Sovereign immunity shall not be an affirmative defense under this act.

- Constitutional as long as it is not applied to federal personnel.

Any public officer or state or local employee who tries to enforce the firearms law declared invalid by the act or any person who acts under the color of law to deprive a Missouri citizen of rights or privileges ensured by the federal and state constitutions shall be subject to a civil penalty of $50,000 per employee hired by the law enforcement agency. In such an action attorney's fees and costs may be awarded.

- Constitutional as long as it is not applied to federal personnel.

Additionally, a person shall have standing to pursue an action for injunctive relief in the circuit court of the county in which the action allegedly occurred or in the circuit court of Cole County. The court shall hold a hearing on the motion for a temporary restraining order and preliminary injunction within 30 days of service of the petition.

- If it applies to state and local laws and law enforcement, probably even local and state trying to enforce federal law in contravention of the statute- constitutional. It would be unconstitutional if the attempt was to apply it to federal authorities enforcing federal laws.

It shall not be a violation of this act to provide aid to federal officials who are in pursuit of a suspect when there is a demonstrable criminal nexus with another state or county and the suspect is not a citizen of this state or is not present in this state. It shall not be a violation of this act to aid a federal prosecution for felony crimes involving a weapons violation against a person or for felony crimes involving a weapons violation and a controlled substance violation if such violation is a Class A or B felony.

- I mean…we would all like to have it both ways, but….