Gun Owners in Missouri Battling DOJ over Second Amendment Preservation Act

Photo: Cameron Gerber - Missouri Times

While some states like Idaho had passed Second Amendment Preservation Acts years ago, the gun control crowd taking over Virginia sparked a massive interest in 2nd Amendment Sanctuaries and Second Amendment Preservation Acts on a bigger scale.

When Joe Biden took office, many state legislators immediately looked at SAPA laws to protect themselves from Biden’s gun control efforts they knew were coming. Missouri, fresh off their victory for Constitutional Carry just a few years ago, also wanted to pass a Second Amendment Preservation Act.

Missouri’s SAPA law is considered the best in the country from a gun owner’s perspective.

Here are a few of the things that Missouri’s new SAPA law does:

  1. Ignores Federal gun control laws and allows Missouri’s law enforcement officers to only enforce the state’s firearm laws. No resources can be allocated to help the Federal government and their gun control efforts. This means that Missouri law enforcement officers would no longer be allowed to enforce federal gun laws. Instead, they would enforce Missouri laws pertaining to firearms, ammunition, and accessories.
  2. The only state laws that can be enforced are those that are in compliance with the 2nd Amendment.
  3. Allows citizens to civilly sue any police department that is in violation of the new law. The fine that can be levied is $50K per violation!

While the Missouri SAPA law is fresh off a significant victory for gun owners, the Federal government is unhappy with its passage. As a result, Missouri has become “ground zero” over the SAPA fight.

The Department of Justice is furious about the new SAPA law and asked a judge for an injunction. The DOJ said in a statement,

The state of Missouri lacks authority to nullify valid federal law, including the firearm regulations at issue here. Once the central premise upon which HB 85 stands is rejected — and federal firearm laws are recognized as valid — all remaining substantive provisions of HB 85 must also be rejected,” the statement said. “In sum, HB 85 has caused, and will continue to cause, significant harms to law enforcement within the state of Missouri. HB 85 is also plainly unconstitutional under the Supremacy Clause.”

However, the judge denied the injunction of the DOJ’s request, and the law has gone into full effect.

2nd Amendment Daily News reached out to Rep. Jered Taylor (R-139), one of the primary sponsors of the new law, to get his comment on the current fight over Missouri’s SAPA law. Here is what Taylor told 2ADN,

I’m not surprised that the Biden administration is attacking SAPA and wants to put an end to its enforcement. The feds rely on Missouri resources to enforce federal law, we just pulled the rug out from under them and took a stand to defend the second amendment rights of Missouri citizens. The feds want Missouri to do its dirty work and Missourians are tired of using our resources and our tax dollars to help an overreaching federal government.

We have an administration who actively and loudly speak about limiting the type of weapons a person can have, limit ammo capacity in magazines, require additional burdensome background checks and many other unconstitutional infringements on our second amendment rights. This administration is trying to redefine NFA items and make it more difficult for law-abiding Missourians to exercise their second amendment rights. I think the federal government is going to through everything it can at defeating SAPA but I think we stand on good legal ground with several Supreme Court decisions in our favor. The new law is making an impact in Missouri and nationwide.

WIth Missouri standing strong and implementing an enforcement mechanism and not giving an out to still help feds it will help other states to find their backbone follow suit. Our law enforcement in Missouri is aware of the new law and are cautiously working with their federal partners while making sure they aren’t violating the provisions of SAPA.

We’ve seen in the last week how fast the Biden Administration can infringe on an individual’s rights by forcing a vaccine mandate, I think it’s only a matter of time before he does the same thing on guns. He’s already trying to do it by redefining what an SBR is through the rule-making process, but Missouri stands ready.

Gun owners in the state are also standing with Taylor and the new SAPA law.

The Missouri Firearms Coalition was the primary gun rights organization pushing SAPA in Missouri. The group says they are standing by and ready to defend it.

2ADN reached out to MOFC’s Political Director, Aaron Dorr, to get his thoughts on the DOJ fighting to stop the new SAPA law.

Dorr didn’t hold back and blasted the DOJ, telling 2ADN,

The Second Amendment Preservation Act is the issue of our time for gun owners. The feds can threaten and bluster all they want, but they have ZERO authority to compel the states to enforce legislation or executive orders that they disagree with. This is what the left did when President Trump tried to deport violent illegal aliens. Now it’s our turn! And when the states refuse to comply, Joe Biden’s gun control agenda will collapse.”

2ADN also asked Dorr if there was a criminal penalty component to the new law.

Dorr told 2ADN that the focus was to give citizens the best chance at fighting to protect their 2nd Amendment rights. Dorr said that no prosecutor in a Red state like Missouri is ever going to put an officer behind bars over the issue.

Dorr also told 2ADN that citizens shouldn’t be relying on the government to step in and save them under a violation of SAPA or expect that the courts will bring criminal charges against officers. Instead, focusing on the civil penalty that citizens can get will be much more effective and have an immediate impact, Dorr said.

While the Missouri SAPA law has won its first court battle, more challenges are likely coming in the future.

What do you think of Missouri’s SAPA law? Let us know in the comments below.

14 comments

  1. Reread the 2A it’s there to protect us from the Government and so we can protect ourselves and property. Thale shale not infringe. They can’t make a law that goes against the Constitution or it’s null and void.
    No supremacy clause can even change it. So all the laws placed on the guns and 2A are null and void and that should be pointed out.

  2. TIRED OF THE LIBERAL AGENDA ATTEMPTING TO DISARM LAW ABIDING CITIZENS. BECAUSE THE FEDS FEAR A WELL ARMED CIVILIAN POPULATION BECAUSE WE THE PEOPLE ARE TIRED OF OUR GOD GIVEN RIGHTS BEING TRAMPLED ON BY THE HOSTILE GOVERNMENT CURRENTLY IN POWER IN AMERICA.

  3. I love the 2nd A sanctuary act. I am a gun owner my self and i own alot of guns. For hunting and for sporting! Joe biden will never take my guns! Now joe is trying to make all transaction of 600 dollars or more either private and personal and buissness accounts to be reported to the IRS! This is invasion of privacy and I hope Missouri will stand against that!

  4. I think it is awesome. I live in Oklahoma, and while the governor and my county sheriff have declared this a 2nd amendment sanctuary, I would like to see the state go that extra step and make it law. To follow in Missouris footsteps would help other states with like minds to step up.

  5. Come on, people in other states. Get your legislators to pass a SAPA in your state. Remember, they work for you!

  6. Our U.S. Constitution and Bill of Rights should be sufficient. Conservative, Constitutional states have to take extra measures such as this (SAPA) to further protect state’s rights and their constituents. I am a resident of Missouri and I am proud of its current government for taking this stand. Taking We the People’s guns is NOT an option.

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