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Federal judge rules Missouri gun law is unconstitutional

Mar 08, 2023

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A gun law in the state of Missouri made certain federal gun laws invalid. Local and state officials were not to enforce federal gun regulations because it stated that the gun restrictions violated the Second Amendment. A federal judge has tossed out Missouri’s law, arguing it violates the Constitution’s supremacy clause.

The power struggle between states and the federal government is a tale as old as time. In the United States, the Constitution allows states to have their own laws, but federal laws take precedence over state laws.

Missouri’s attorney general said the state will appeal the ruling to the federal circuit and is ready to defend the law all the way to the Supreme Court.

Local municipalities nationwide have taken similar steps with mixed results. In Oregon, Second Amendment sanctuary cities similarly passed local laws that invalidate state gun laws they find overreaching. But just like in Missouri — they have been met with legal challenges.

Last month, the Oregon court of appeals overturned one county’s sanctuary law, but there are still more than a thousand local governments across the U.S. that have passed ordinances defying state and federal gun laws. Gun rights and gun control activists continue to clash at local, state and federal levels.

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KARAH RUCKER: A GUN LAW IN THE STATE OF MISSOURI MADE CERTAIN FEDERAL GUN LAWS INVALID. LOCAL AND STATE OFFICIALS WERE NOT TO ENFORCE FEDERAL GUN REGULATIONS. ARGUING THE GUN RESTRICTIONS VIOLATED THE SECOND AMENDMENT.

BUT A FEDERAL JUDGE TOSSED OUT MISSOURI’S LAW – ARGUING IT VIOLATES THE CONSTITUTION’S SUPREMACY CLAUSE.

IT’S A TALE AS OLD AS TIME. THE POWER STRUGGLE BETWEEN STATES AND THE FEDERAL GOVERNMENT. IN THE UNITED STATES – THE CONSTITUTION ALLOWS STATES TO HAVE THEIR OWN LAWS – BUT FEDERAL LAWS TAKE PRECEDENCE OVER STATE LAWS.

MISSOURI’S ATTORNEY GENERAL SAID THE STATE WILL APPEAL THE RULING TO THE FEDERAL CIRCUIT AND IS READY TO DEFEND THE LAW ALL THE WAY TO THE SUPREME COURT

LOCAL MUNICIPALITIES NATIONWIDE HAVE TAKEN SIMILAR STEPS WITH MIXED RESULTS. IN OREGON – “SECOND AMENDMENT SANCTUARY CITIES” SIMILARLY PASSED LOCAL LAWS THAT INVALIDATE STATE GUN LAWS THEY FIND OVERREACHING.

BUT JUST LIKE IN MISSOURI – THEY’VE BEEN MET WITH LEGAL CHALLENGES. LAST MONTH – THE STATE COURT OF APPEALS OVERTURNED ONE COUNTY’S SANCTUARY LAW.

BUT THERE ARE STILL MORE THAN ONE THOUSAND LOCAL GOVERNMENTS ACROSS THE U.S. THAT HAVE PASSED ORDINANCES DEFYING STATE AND FEDERAL GUN LAWS. AS GUN RIGHTS AND GUN CONTROL ACTIVISTS CONTINUE TO CLASH AT LOCAL, STATE, AND FEDERAL LEVELS.