BREAKING! End of 2A Sanctuary States? Court LOSS!

1 year ago
342

A federal judge has overturned a Missouri law that declared that all federal gun laws are invalid if they don't have a state level equivalent. The law, the “Second Amendment Preservation Act”, further declared the federal supremacy clause as not applying to any manufacturing, ownership and use of firearms and firearm accessories or ammunition within the state because such law exceed the scope of federal government authorities. The law also goes on to make it illegal for state employees and law enforcement to enforces firearm laws declared invalid by SAPA, but further creates a duty for courts and LEO to protect the rights of law abiding citizens to keep and bear arms. Any LEO of state or local government employee in Missouri who tries to enforce the invalid federal laws shall be subject to a fine of up to $50,000 per employee hired by the law enforcement agency. Attorneys fees and costs may also be awarded to a plaintiff who sues to enforce this provision. The act was passed in 2021.

Three things coming up in the analysis:
Supremacy clause
Tenth amendment
Anti commandeering doctrine

Supremacy clause: comes from article 6 of the constitution and reads in part, “This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.”

10th amendment
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

https://www.kansascity.com/news/politics-government/article272846365.html

Link to Missouri's Second Amendment Preservation Act
https://www.senate.mo.gov/21info/bts_web/bill.aspx?SessionType=R&BillID=57629955

Check out our videos on:
How Jury Selection Works in Self-Defense Cases: https://youtu.be/_sE_RLVXBQg
Winning the race to 911 after a defensive gun use: https://youtu.be/ZAzIGRNyQ9o
How to handle the 911 operators after a defensive gun use: https://youtu.be/g2pu4BTg-lc

Legal Disclaimer: nothing in this video is offered as legal advice or a formation of attorney-client relationship. Be an adult. If you want an attorney, contact one near where you are and stop trying to blame the internet and other people for your problems.

Beyond the courtroom, Tom has been interviewed and appeared in numerous media outlets, ranging from the New York Times, CourtTV, Fox News, Reuters, Washington Post, National Public Radio, Milwaukee Journal-Sentinel, among many others. He is a frequent Continuing Legal Education course speaker to teach lawyers and judges in developments and the law, both in Wisconsin and nationally. Finally, Tom has also presented across the country, both online and in person, concerning the law and culture to the public.

In addition to speaking engagements, Tom has also contributed to the national conversation in writing on emerging legal topics and has been published in Conceal Carry Magazine and elsewhere on multiple occasions. He also edited the book and contributed legal input on various other publications, including the "Wisconsin Guide for Armed Citizens" on behalf of the National Association of Certified Firearm Instructors.

Link to attorney Tom Grieve's brief bio
https://www.grievelaw.com/CriminalDefenseAttorneys/TomGrieve

#concealcarry #gunlaw #2ndamendment

Loading comments...