The Biden Justice Department moved against the state of Missouri and HB85, also known as the Second Amendment Preservation Act which nullifies certain federal gun laws that fall into five various categories. HB85, signed by Republican Governor, Mike Parson in June 2021, enacts fines up to $50,000.00 on law enforcement agencies that violate its provisions to enforce federal gun laws in Missouri. Federal authorities have filed a 28-page Statement of Interest in what is clearly an attempt to derail a growing movement across the country.
In its statement, the DOJ said, “HB85’s invalidity under the Supremacy Clause provides an independent reason why HB85 should be enjoined by this Court. As explained further below, federal firearm laws are fully consistent with the United States Constitution, including the Second Amendment. Thus, § 1.420,which serves as the cornerstone provision of HB85 and declares such laws legally invalid, is unconstitutional. Likewise, all of HB85 must be declared invalid because the remaining substantive provisions are non-severable from that premise. Even apart from non-severability,those provisions of HB85 are independently invalid under the Supremacy Clause.In sum, HB85 has caused, and will continue to cause, significant harms to law enforcement within the State of Missouri. HB85 is also plainly unconstitutional under the Supremacy Clause.For these reasons, the United States respectfully submits that federal law independently supportsentry of the relief requested by the plaintiffs in this lawsuit—i.e., a declaration that HB85 is -3-unconstitutional and an injunction against HB85’s enforcement.
Gun rights activists have successfully implemented similar statutes, proclamations, or declarations throughout the nation known as Second Amendment Sanctuaries. Enacted in counties, cities, towns, municipalities, and state laws such as Missouri, more than 61% of the nation has declared itself a Second Amendment Sanctuary in some form.
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