A Missouri law prohibiting local police from enforcing federal gun laws is invalid and unconstitutional, a federal judge ruled Tuesday.
U.S. District Judge Brian Wimes ruled that the 2021 law was preempted by the federal government under the supremacy clause of the U.S. Constitution.
“At best, this statute causes confusion among state law enforcement officials assigned to federal task force operations, and at worst, it is unconstitutional,” Wimes wrote.
Missouri Republican Attorney General Andrew Bailey said in a statement that he would appeal the decision.
“As Attorney General, I will protect the Constitution, which includes defending Missourians’ fundamental right to carry contraband,” Bailey said. “We are prepared to defend this statute to the highest court, and we expect a better outcome in the Eighth Circuit.”
Missouri law already subjects law enforcement agencies with officers who knowingly enforce federal gun laws without state law to the equivalent of $50,000 per officer in violation.
Federal law without a similar Missouri law includes statutes that cover gun registration and tracking, and the possession of firearms by some domestic violence offenders.
The conflict over the Missouri law broke the partnership against crime with the US attorney who was the former attorney general of the Republic of Missouri, now Sen. Eric Schmitt, called it many years. Under Schmitt’s Safer Streets Initiative, lawyers from his office are assigned to serve as assistant U.S. attorneys to prosecute violent crimes.
The Department of Justice, which last year was sued to overturn the Missouri law, said the Missouri state crime laboratory, operated by the Highway Patrol, is willing to process evidence that will help Federal Firearms prosecutions after the law takes effect.
The Missouri Information and Analysis Center, also at the Highway Patrol, has stopped cooperating with federal agencies that investigate federal firearms violations. And the Highway Patrol, along with many other agencies, is delaying a concerted effort to enforce federal gun laws.
Wimes said police can now work with their federal counterparts without worrying about violating the repealed law.
“State and local law enforcement officials in Missouri may lawfully participate in joint federal task forces, assist in the investigation and enforcement of federal firearms crimes, and share information fully with the Federal Government without fear of the penalties of HB 85,” the judge wrote.
Several Missouri prosecutors have testified against the bill, saying it jeopardizes investigations and prosecutions of serious offenders while opening state and local officers to civil liability.
“Given today’s decision, Missouri’s prosecutors and our state and local law enforcement partners hope to once again use federal assistance if appropriate to apprehend and punish violent offenders who endanger our citizens,” the statement said. “Police and prosecutors will return to their jobs without fear of losing their jobs or personal liability to criminal offenders simply for doing the important job of keeping our communities safe.”
Republican lawmakers who helped pass the bill say it’s a potential motivation for new gun restrictions under Democratic President Joe Biden, who has signed the most gun violence bills of the past decade.
The federal law streamlines background checks for the youngest gun buyers, keeps firearms from more domestic violence offenders and helps states enact red flag laws that make it easier for authorities to seize weapons from people they deem dangerous.
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Associated Press writers Heather Hollingsworth and Margaret Stafford contributed to this report from Kansas City, Missouri.
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