A U.S. District judge in Missouri has ruled that a 2021 state law that bans police from enforcing new federal gun laws is unconstitutional and void.
The ruling by Judge Brian Wimes could have a far-reaching effect in Alaska, which also has a law that prohibits the enforcement of new federal gun laws, as well as other Republican-led states that have passed similar laws.
In 2013, Alaska Gov. Sean Parnell signed House Bill 69 into law. The law declares guns and ammunition possessed by Alaskans are exempt from all new federal gun laws. It also subjects federal agents to felony charges if they try to enforce future bans on guns or ammunition, or if they try to force the federal registration of firearms on Alaskans. That law has not been tested in court.
Wimes, an appointee of former President Barack Obama, ruled the “Second Amendment Preservation Act” (SAPA), violates the U.S. Constitution’s supremacy clause.
“SAPA’s practical effects are counterintuitive to its stated purpose,” Wimes wrote. “While purporting to protect citizens, SAPA exposes citizens to greater harm by interfering with the Federal Government’s ability to enforce lawfully enacted firearms regulations designed by Congress for the purpose of protecting citizens within the limits of the Constitution.”
“At best, this statute causes confusion among state law enforcement officials who are deputized for federal task force operations, and at worst, is unconstitutional on its face,” Wimes wrote.
Missouri’s Republican Attorney General Andrew Bailey in a statement said he will appeal the ruling.
“As Attorney General, I will protect the Constitution, which includes defending Missourians’ fundamental right to bear arms,” Bailey said. “We are prepared to defend this statute to the highest court, and we anticipate a better result at the Eighth Circuit.”
Times’ ruling is similar to one from an Oregon appeals court last month, an indication that the judicial branch is taking a hard line against the sovereignty laws of states.
The Tuesday court opinion, in its entirety:
