In 2021, Missouri enacted its “Second Amendment Preservation Act”
which declares certain federal restrictions on firearms to be
infringements on the rights of Missouri’s citizens which rights are
otherwise protected by the Second Amendment. See, Mo. Rev. Stat. §§
1.410 – 1.485. The statute defined as unlawful infringement (
details on TFA's news post)
The Missouri statute ordered that “[a]ll federal acts, laws,
executive orders, administrative orders, rules, and regulations [which]
infringe on the people’s right to keep and bear arms as guaranteed by
the Second Amendment … shall not be enforced by this state.” Id. at
1.430 (emphasis added). Additionally, the statute provides that: “No
entity or person, including any public officer or employee of this state
or any political subdivision of this state, shall have the authority to
enforce or attempt to enforce any federal acts, laws, executive orders,
administrative orders, rules, regulations, statutes, or ordinances
infringing on the right to keep and bear arms.” Id. at 1.450. Finally,
the statute imposes a $50,000 civil fine on any “political subdivision
or law enforcement agency” that afterward hires any federal employee who
attempted to enforce an “infringement.” Id. at 1.470. [Note: Despite
this law being adopted in Missouri in 2021, Tennessee has not adopted
similar changes to its laws.]
The 8th Circuit Court of Appeals has held the Missouri law to be in violation of the federal supremacy clause.
The parties to the amicus brief point out, however, that the 8th
Circuit supremacy clause analysis is flawed and inappropriate since the
Missouri law is in line with the prohibitions contained in the 2nd
Amendment itself. (
details on TFA's news post).
Tennessee Firearms Association and Tennessee Firearms Foundation, working with Gun Owners of America, and other entities are increasingly fighting for our rights under the 2nd Amendment in the courts. Part of the reason is that the individuals elected to public service in Tennessee (our Governor and Legislators) and to Congress have repeatedly failed to protect and restore our rights.
You can help fund this type of litigation by making supplemental
member donations to TFA or by making
charitable contributions to the Tennessee Firearms Foundation, Inc., (a 501c3 charity) that supports public interest litigation.