Missouri Legislators Introduce Revised Second Amendment Protection Measures

Missouri lawmakers are making another attempt to shield state gun owners from federal firearms regulations after their previous effort was struck down in court. New legislation has been introduced in both chambers that aims to accomplish similar goals while addressing the legal concerns that derailed the original law.

In 2021, Missouri passed the "Second Amendment Protection Act" with Governor Mike Parson's signature, prohibiting local law enforcement from enforcing federal gun restrictions that didn't have equivalent state laws. The measure imposed a $50,000 fine on law enforcement agencies for each officer who knowingly enforced such federal gun regulations.

When signing the original bill, Governor Parson described it as drawing "a line in the sand" to demonstrate Missouri's commitment to protecting residents' Second Amendment rights against potential federal overreach during the Biden administration.

The law faced immediate legal challenges. The Department of Justice sued Missouri in February 2022, arguing that the legislation impeded federal-state cooperation. A lower court ruled against the state, citing the Constitution's supremacy clause, which establishes federal law as taking precedence over state law. The Eighth Circuit Court of Appeals later unanimously upheld this decision, with Chief Judge Steven Colloton writing, "A State cannot invalidate federal law to itself. Missouri does not seriously contest these bedrock principles of our constitutional structure."

Now, two Missouri legislators have crafted revised versions designed to withstand judicial scrutiny while achieving similar objectives. State Senator Rick Brattin has introduced Senate Bill 23, which he describes as a "reshuffling" of the original legislation to align with the Eighth Circuit Court's ruling. The updated version features revised language in its statement of purpose and removes direct references to federal agencies, focusing instead on state and local offices.

"This isn't coming and reinventing the wheel," Senator Brattin told the Senate Transportation, Infrastructure and Public Safety Committee. "This is just clarifying and making it in line with what the Eighth Courts have done."

In parallel, Representative Bill Hardwick has introduced House Bill 1175 in the Missouri House of Representatives. This companion legislation emphasizes similar points while carefully addressing the circuit court's previous objections.

"This is a proposal I have to kind of address what the Eighth Circuit had held and then reenact the substantive provision at the heart of the Second Amendment Preservation Act," Representative Hardwick explained.

The proposed legislation has already drawn criticism from gun control advocates. The Columbia Missourian ran a headline stating, "Senate bill attempts again to undermine federal gun laws."

Political observers expect the Republican-controlled state legislature to approve one of these measures and forward it to Republican Governor Mike Kehoe for consideration. If enacted, the new law will likely face prompt legal challenges from gun control organizations.