Second Amendment

The U.S. Justice Department has sued Missouri over its "Second Amendment Preservation Act," which bars local law officials from enforcing federal gun policy and could fine them for doing so.

The Missouri Supreme Court sent a case involving the Second Amendment Preservation Act back to a lower court on Tuesday. The ruling lets St. Louis and Jackson County argue that the law, which prevents police in Missouri from cooperating with federal officials to enforce gun regulations, is unconstitutional.

The suit comes as the Missouri Supreme Court considers a challenge to Missouri’s Second Amendment Preservation Act from St. Louis, St. Louis County and Jackson County.

A St. Louis attorney told the Missouri Supreme Court that the Second Amendment Preservation Act was an "unintelligible statute" that has confused state law enforcement.

Missouri's "Second Amendment Preservation Act," passed in 2021, allows anyone to sue a local police department if they believe their rights to firearms have been infringed. The result is local, state and federal agencies are reluctant to work with one another for fear of potential lawsuits.

The judge ruled that the issue should be litigated by the city of St. Louis, St. Louis County and Jackson County separately.

St. Louis and St. Louis County jointly filed suit Monday asking a judge in Cole County, Missouri, to find the Second Amendment Preservation Act unconstitutional.

Tonya McCaw and Leslie Washington, leaders with Moms Demand Action's Missouri chapter, discuss their fight for gun reform in Jefferson City.

Missouri House Bill 85 leaves local police departments vulnerable to $50,000 fines if they attempt to enforce federal gun laws. St. Louis Interim Public Safety Director Dan Isom discusses the bill, which awaits Gov. Mike Parson's signature, on St. Louis on the Air.

The measure passed on party lines, with 103 Republicans voting in favor and 43 Democrats opposing the idea.