By: Friedrich Seiltgen
Copyright © 2022
A new Missouri state law that forbids local law enforcement from enforcing federal gun laws is headed to the Missouri Supreme Court.
According to St. Louis’ KMBC News, the new law is opposed by law enforcement, as it would hamper cooperation and investigations between federal and local law enforcement. Another issue is local law enforcement officers who are assigned to hundreds of federal taskforces around the U.S. Depending on the size of the city and the type of crime issues there, a local agency may have several officers assigned to a taskforce with the U.S. Marshals looking for fugitives, an ATFE taskforce to combat gun running, or a DEA taskforce for drug trafficking. This law could stop all that.
The law has made its way to the Missouri State Supreme Court on appeal, as it was challenged by the city of St. Louis as well as Kansas City officials and was rejected by a lower court. The City of Arnold filed a separate lawsuit asking for clarification on the law, which is making its way through the lower courts.
The law in question is the Second Amendment Preservation Act, aka ‘SAPA.” SAPA was passed and went into effect August 1, 2021. The bill nullifies federal gun laws and allows police departments to be sued for violating someone’s Second Amendment rights. Many agencies say the wording of the bill is vague and confusing and are not looking to be sued. Some departments have even pulled their officers off taskforce duty pending a clarification of the law.
The Missouri Firearms Coalition has also opined that the law needs to be upheld because, “Gun rights are in a precarious situation in America.”
Republicans in the Missouri General Assembly say the law doesn’t need changing, with Senate Majority Leader Caleb Rowden stating:
“I think you’re going to have to present an incredibly compelling case that what we did has had a direct impact on X, Y, or Z enforcement and we’re going to have to see that. You’re going to have to give us a solution that fixes the problem and doesn’t undo the other things we want to do. I haven’t seen that yet and I would be surprised if there is anything out there that will change most of our minds.”
I see this as state politicians trying to rectify the federal government’s failure to its job by only enforcing certain laws. I do not believe there would be this kind of turmoil generally if politicians would take their oath of office seriously, and there was not a two-tier justice system in this country. Just last week, for instance, the ATF advised the Biden DOJ that it’s not pursuing charges against Hunter Biden for violating Federal law by lying on a BATF form 4473.
Hunter Biden stated “No” when answering the following question: “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?” Every one of you loyal Gunpowder Magazine fans know that if you lied on this form, you would be heading to jail!
That’s all for now folks! Please keep sending in your questions, tips, and article ideas. And as always – “Let’s be careful out there.”
Friedrich Seiltgen is a retired Master Police Officer with 20 years of service with the Orlando Police Department. He conducts training in Lone Wolf Terrorism, Firearms, First Aid, Active Shooter Response, and Law Enforcement Vehicle Operations in Florida. His writing has appeared in RECOIL, The Counter Terrorist Magazine, American Thinker, Homeland Security Today, and The Journal of Counterterrorism & Homeland Security International. Contact him at [email protected].