U.S. judge strikes down Missouri gun law, saying it's unconstitutional
JEFFERSON CITY, MO. >> A Missouri law banning local police from enforcing federal gun laws is unconstitutional and void, a federal judge ruled Tuesday.
U.S. District Judge Brian Wimes ruled the 2021 law is preempted by the federal government under the U.S. Constitution's supremacy clause.
“At best, this statute causes confusion among state law enforcement officials who are deputized for federal task force operations, and at worst, is unconstitutional on its face,” Wimes wrote.
Missouri's Republican Attorney General Andrew Bailey in a statement said he will appeal the ruling.
The Missouri law had subjected law enforcement agencies with officers who knowingly enforced federal gun laws without equivalent state laws to a fine of $50,000 per violating officer.
Federal laws without similar Missouri laws include statutes covering weapons registration and tracking, and possession of firearms by some domestic violence offenders.
Conflict over Missouri's law wrecked a crime-fighting partnership with U.S. attorneys that Missouri's former Republican attorney general, now-Sen. Eric Schmitt, touted for years. Under Schmitt's Safer Streets Initiative, attorneys from his office were deputized as assistant U.S. attorneys to help prosecute violent crimes.
The Justice Department, which last year sued to overturn the Missouri law, said the Missouri state crime lab, operated by the Highway Patrol, refused to process evidence that would help federal firearms prosecutions after the law took effect.
The Missouri Information and Analysis Center, also under the Highway Patrol, stopped cooperating with federal agencies investigating federal firearms offenses. And the Highway Patrol, along with many other agencies, suspended joint efforts to enforce federal firearms laws.
Wimes said police can now work with federal partners without worrying about breaking the voided law.