Missouri Second Amendment Preservation Act

BY Herschel Smith
2 years, 7 months ago

News from Missouri (this link may or may not work, it’s a paywall NYT article accessed via Google News via cell phone).

OZARK, Mo. — Brad Cole is a fiery defender of the Second Amendment, a set-jawed lawman with a lacquered alligator head on his desk, a Smith & Wesson .357 Magnum on his hip and a signed picture of himself with former President Donald J. Trump on his office wall.

Sheriff Cole, of Christian County, considers himself part of the constitutional sheriff movement, which contends that the federal government is subordinate to local authorities in most law-enforcement matters. Yet this year he found himself in the unusual position of pushing back against Republican state lawmakers ramming through a bill to punish local departments for collaborating with federal authorities on gun cases deemed to be in violation of Second Amendment rights.

Anytime you take away a tool from us to do our job and protect the people we serve, well, I’m going to have a huge problem with that,” said Sheriff Cole, a Republican who worked with several other sheriffs from deep-red southern Missouri to modify the bill before it passed in May on a party-line vote.

“It’s just a terribly written law,” he said.

So the NYT found themselves somebody they think can give their case creds by describing him as some sort of local yokel who supports gun rights and voted for Trump.  But it’s a “terribly written law.”  Let’s see how so.

Even with the changes, the Second Amendment Preservation Act represents a challenge to federal authority that Biden administration officials and other critics see as a clear-cut violation of the Constitution’s supremacy clause, which prohibits states from passing laws that nullify federal statutes.

Last month, the Justice Department filed an affidavit supporting an effort by the city and county of St. Louis to strike down the law in state court, saying it had already hamstrung weapons and drug investigations. The judge in the case recently rejected a request to keep the law from going into effect, and, in response, Attorney General Merrick Garland is considering a federal lawsuit, according to two administration officials.

That’s a splash of cold water, yes?  Biden and his AG hate the law.  Weapons and drug investigations.  Remember that.

At the heart of the law is an audacious declaration — that all state firearms laws “exceed” the federal government’s power to track, register and regulate guns and gun owners.

The law, however, is as vague as it is expansive: Its authors did not focus on any specific federal law or policy, and state officials say they will not try to stop federal agents from executing raids, conducting background checks for gun buyers or enforcing existing laws, like the prohibition on gun purchases by felons.

They’re “poisoning the well,” an informal logical fallacy, and they know it.  Missouri FFLs still conduct background checks, and the NYT is trying to assert that this law makes it legal for convicted felons to own firearms.  Let’s continue.

But the law features a provision, the first of its kind in the nation, that allows Missourians to sue local law departments that give “material aid and support” to federal agents — defined as data sharing, joint operations, even social media posts — in violation of citizens’ perceived Second Amendment rights.

The law’s sponsors say that mechanism is protective and proactive, intended to counter Democratic gun-control efforts, especially President Biden’s attempts to ban semiautomatic weapons and high-capacity magazines. As one of its co-authors, State Senator Eric Burlison, put it, the bill was intended to tell Democrats considering new restrictions to “pound sand.”

After the misdirect, they get to the meat of the thing.  The law was intended to ensure that new infringements on the second amendment are nullified by virtue of lawsuits unique to Missouri where individual citizens go after LEOs.  I think it’s a brilliant idea, worthy of acceptance in every state.

Chief among the activists pushing the Missouri gun law was Aaron Dorr, who leads a family-run, Iowa-based network of far-right nonprofits in the Midwest and South. In an interview, Mr. Dorr described himself as a defender of conservative values and cast the Missouri battle in national terms, as an effort to force Republican moderates to take up his broader cause of confronting Washington.

“Obviously, it’s about far more than simply gun rights,” Mr. Dorr said of his involvement.

At least eight other states, including West Virginia, have recently passed similar bills, but most are more symbolic and less far-reaching than Missouri’s, and feature more explicit carve-outs for coordination between local and federal law-enforcement agencies. The Missouri law has the sharpest teeth: the provision allowing citizens to sue any local police agency for $50,000 for every incident in which they can prove that their rights were violated, provided they were not flouting state law.

That reliance on citizens’ lawsuits — bypassing police officers and prosecutors who may be reluctant to pursue highly politicized criminal cases — represents another political strategy gaining popularity on the right, most notably in the highly restrictive Texas abortion law that the Supreme Court recently let stand.

The Missouri law only went into effect at the end of August. But its critics, at home and in Washington, say it has already done damage, making some local officials afraid to work with federal partners, even on routine criminal cases, at a time when greater cooperation is needed.

“But its critics, at home and in Washington, say it has already done damage, making some local officials afraid to work with federal partners, even on routine criminal cases, at a time when greater cooperation is needed.”  Good.  Local and state law enforcement has no business cooperating with the FedGov on infringement of 2A rights.  This means that the law has served its purpose.

In that respect, it is also testing the limits of one-party Republican state rule: The National Rifle Association, a bedrock Republican-allied institution, did not support the bill, and many local law-enforcement officials fear it will impinge on their ability to fight violent crime and stop drug trafficking. (Sheriff Cole ultimately accepted the political inevitability of the bill’s passage, but says he remains deeply concerned about its consequences.)

Some of those consequences were detailed in the Justice Department’s affidavit.

Nearly a quarter of state and local law-enforcement officials who work directly with the federal Bureau of Alcohol, Tobacco, Firearms and Explosives — 12 of 53 officers — have withdrawn from joint task force collaborations. State and local agencies have also begun to restrict federal access to investigative resources, including the Missouri Information Analysis Center, a state crime database, and the Kansas City Police Department’s records system.

Did you catch that?  Read it again.  The NRA did not support the bill.

The police department in Columbia, home to the flagship campus of the University of Missouri, went so far as to disconnect from a national database of ballistics on weapons and ammunition recovered at crime scenes, A.T.F. officials reported.

The law, “has caused, and will continue to cause, significant harms to law enforcement within the state of Missouri,” wrote Brian M. Boynton, the acting head of the Justice Department’s civil division.

Again, all I can say is good.

Mr. Dorr has long drawn scrutiny for his far-right positions on abortion and guns and name-calling tirades against opponents (an unflattering portrait of his family’s organization was the subject of a Pulitzer Prize-winning NPR podcast in 2020). Critics from across the ideological spectrum have accused him of latching onto political controversies, especially resistance to mask orders related to the pandemic, to raise cash for his network.

Mr. Dorr has few compunctions about calling out the N.R.A. — he said it was a “public disgrace” in the interview with The New York Times — and as the gun bill was moving through the legislature, he ridiculed Republicans who did not immediately sign on. As his supporters bombarded lawmakers with emails and phone calls, he labeled one wavering Senate leader a “rodent” in one of his characteristic Hannity-esque Facebook Live broadcasts.

“He ridiculed Republicans who did not immediately sign on.”  Good.  They deserved to be ridiculed.

The Missouri Sheriffs’ Association had quietly opposed the measure, but now intervened to negotiate a compromise. It dispatched several red-county sheriffs, including Sheriff Cole, to persuade sponsors to direct penalties at local departments rather than at officers.

The revised bill passed the Senate in May, as the session was set to end — but not before the majority leader, Caleb Rowden, an eventual yes vote, requested police protection after reporting threats from backers of the bill.

Lauren Arthur, a Democratic senator from the Kansas City area who opposed the bill, said that since the vote she had been approached by Republicans privately expressing hope that it would be struck down in court.

“Republicans around here need to have some kind of legislation they can hold up as a trophy at the end of every session — the dark joke is it is either on abortion or on guns,” said Ms. Arthur, who led an unsuccessful effort to ban gun sales to people convicted of domestic-violence offenses.

Well how about that.  Nothing says liar and cheat like someone who wants to hold high a piece of trophy legislation for the sake of reelection, when they don’t really believe in it and want it to fail.

She added, “I’m not creative enough to think of what else we can do to be more pro-gun other than, I don’t know, giving a gun to every newborn baby.”

Drama queen.

In mid-June, the police chief in O’Fallon, a St. Louis suburb, quit in frustration, writing in an open letter that the new law was so “poorly worded” that it would “decrease public safety” by stigmatizing all interactions with federal agents. Even some who supported its passage started voicing concerns.

Good.  The law took its first victim, and a worthy one at that.

Many sheriffs rely on close collaboration with the Bureau of Alcohol, Tobacco, Firearms and Explosives, the F.B.I. and the U.S. Marshals Service’s fugitive task forces, among other agencies, to help track down criminals. The biggest problem, they say, has been determining which joint investigations run afoul of the new law.

Here’s an idea.  Stop cooperating with FedGov at all.  That’ll fix the problem for you.

As I said earlier, the law is working as intended, and that’s a laudable thing.


Comments

  1. On September 12, 2021 at 9:45 pm, Fred said:

    The so called supremacy clause was only to grant fedgov supremacy over the VERY limited set of authorities granted it BY THE STATES, which retained power to remove said grants through amendment.

    But whatever, the ship has sailed, sunk, and been beaten to death a million times. You’re on your own. It’s you and whatever band of like minded folks and kinfolks you can muster. That’s all you have and all you ever had.

  2. On September 12, 2021 at 11:47 pm, George 1 said:

    One reason the locals love the BATF and the FBI is because the feds pass out all kinds of grants and other goodies to the State and local PDs. If you can’t “work” with the fed agencies then much of the cheese goes away.

  3. On September 13, 2021 at 8:19 am, Frank Clarke said:

    Since almost everything the fedgov has done in the past 175 years is clearly outside the scope of Article I, Section 8, it’s unconstitutional and thus not ‘law’ at all. NOBODY should be enforcing that.

  4. On September 13, 2021 at 8:50 am, Chris Mallory said:

    George, it is not only the grants and giveaways. The locals love involving the Feds because it gives them a workaround for state laws limiting civil asset forfeiture. The locals find some money, guns, or vehicles they want, so they bring the Feds in who take a cut of the haul off the top then give the rest to the locals.

    I am a Constitutional absolutist. I see no exceptions to the Bill of Rights. In the main body of the Constitution, other than the UCMJ, the Feds are only given authority over 3 crimes: Counterfeiting, Treason, and Piracy on the high seas. For a limited number of years they had authority over alcohol, but that amendment was repealed. The Commerce Clause was meant solely to deal with actions taken by the states that harm interstate commerce, not what light bulbs you can buy or what substances you can use to medicate yourself.

    And no, local sheriffs and local law enforcement are no where mentioned in the Constitution. That is a matter for the several states.

  5. On September 13, 2021 at 9:20 am, George 1 said:

    Chris Mallory, It is indeed a rotten system the government has evolved.

    I remember what Strom Thurmond famously asked Senator Ted Kennedy. This was at a hearing in response to some stupid Federal power grab that Kennedy wanted and Thurmond was opposed to:

    ” Senator Kennedy. Is there anything the Federal government can’t do based on the Interstate Commerce Clause?”

  6. On September 13, 2021 at 2:54 pm, scott s. said:

    It is a throw-back to the personal liberty laws enacted in northern states in the 1850s after passage of the revised fugitive slave act. The laws prohibited state officials from cooperating with US Marshals tasked under the FSA with assisting slave owners in recovering their “property”. The failure of states to assist the feds in rounding up slaves was cited as a just cause for secession.

RSS feed for comments on this post. TrackBack URL

Leave a comment


You are currently reading "Missouri Second Amendment Preservation Act", entry #28132 on The Captain's Journal.

This article is filed under the category(s) BATFE,Gun Control and was published September 12th, 2021 by Herschel Smith.

If you're interested in what else the The Captain's Journal has to say, you might try thumbing through the archives and visiting the main index, or; perhaps you would like to learn more about TCJ.

26th MEU (10)
Abu Muqawama (12)
ACOG (2)
ACOGs (1)
Afghan National Army (36)
Afghan National Police (17)
Afghanistan (704)
Afghanistan SOFA (4)
Agriculture in COIN (3)
AGW (1)
Air Force (40)
Air Power (10)
al Qaeda (83)
Ali al-Sistani (1)
America (22)
Ammunition (277)
Animals (285)
Ansar al Sunna (15)
Anthropology (3)
Antonin Scalia (1)
AR-15s (373)
Arghandab River Valley (1)
Arlington Cemetery (2)
Army (86)
Assassinations (2)
Assault Weapon Ban (28)
Australian Army (7)
Azerbaijan (4)
Backpacking (3)
Badr Organization (8)
Baitullah Mehsud (21)
Basra (17)
BATFE (219)
Battle of Bari Alai (2)
Battle of Wanat (18)
Battle Space Weight (3)
Bin Laden (7)
Blogroll (3)
Blogs (24)
Body Armor (23)
Books (3)
Border War (18)
Brady Campaign (1)
Britain (38)
British Army (35)
Camping (5)
Canada (17)
Castle Doctrine (1)
Caucasus (6)
CENTCOM (7)
Center For a New American Security (8)
Charity (3)
China (16)
Christmas (16)
CIA (30)
Civilian National Security Force (3)
Col. Gian Gentile (9)
Combat Outposts (3)
Combat Video (2)
Concerned Citizens (6)
Constabulary Actions (3)
Coolness Factor (3)
COP Keating (4)
Corruption in COIN (4)
Council on Foreign Relations (1)
Counterinsurgency (218)
DADT (2)
David Rohde (1)
Defense Contractors (2)
Department of Defense (210)
Department of Homeland Security (26)
Disaster Preparedness (5)
Distributed Operations (5)
Dogs (15)
Donald Trump (27)
Drone Campaign (4)
EFV (3)
Egypt (12)
El Salvador (1)
Embassy Security (1)
Enemy Spotters (1)
Expeditionary Warfare (17)
F-22 (2)
F-35 (1)
Fallujah (17)
Far East (3)
Fathers and Sons (2)
Favorite (1)
Fazlullah (3)
FBI (39)
Featured (189)
Federal Firearms Laws (18)
Financing the Taliban (2)
Firearms (1,767)
Football (1)
Force Projection (35)
Force Protection (4)
Force Transformation (1)
Foreign Policy (27)
Fukushima Reactor Accident (6)
Ganjgal (1)
Garmsir (1)
general (15)
General Amos (1)
General James Mattis (1)
General McChrystal (44)
General McKiernan (6)
General Rodriguez (3)
General Suleimani (9)
Georgia (19)
GITMO (2)
Google (1)
Gulbuddin Hekmatyar (1)
Gun Control (1,638)
Guns (2,307)
Guns In National Parks (3)
Haditha Roundup (10)
Haiti (2)
HAMAS (7)
Haqqani Network (9)
Hate Mail (8)
Hekmatyar (1)
Heroism (4)
Hezbollah (12)
High Capacity Magazines (16)
High Value Targets (9)
Homecoming (1)
Homeland Security (3)
Horses (2)
Humor (72)
Hunting (33)
ICOS (1)
IEDs (7)
Immigration (108)
India (10)
Infantry (4)
Information Warfare (4)
Infrastructure (4)
Intelligence (23)
Intelligence Bulletin (6)
Iran (171)
Iraq (379)
Iraq SOFA (23)
Islamic Facism (64)
Islamists (98)
Israel (19)
Jaish al Mahdi (21)
Jalalabad (1)
Japan (3)
Jihadists (81)
John Nagl (5)
Joint Intelligence Centers (1)
JRTN (1)
Kabul (1)
Kajaki Dam (1)
Kamdesh (9)
Kandahar (12)
Karachi (7)
Kashmir (2)
Khost Province (1)
Khyber (11)
Knife Blogging (7)
Korea (4)
Korengal Valley (3)
Kunar Province (20)
Kurdistan (3)
Language in COIN (5)
Language in Statecraft (1)
Language Interpreters (2)
Lashkar-e-Taiba (2)
Law Enforcement (6)
Lawfare (14)
Leadership (6)
Lebanon (6)
Leon Panetta (2)
Let Them Fight (2)
Libya (14)
Lines of Effort (3)
Littoral Combat (8)
Logistics (50)
Long Guns (1)
Lt. Col. Allen West (2)
Marine Corps (280)
Marines in Bakwa (1)
Marines in Helmand (67)
Marjah (4)
MEDEVAC (2)
Media (68)
Medical (146)
Memorial Day (6)
Mexican Cartels (41)
Mexico (61)
Michael Yon (6)
Micromanaging the Military (7)
Middle East (1)
Military Blogging (26)
Military Contractors (5)
Military Equipment (25)
Militia (9)
Mitt Romney (3)
Monetary Policy (1)
Moqtada al Sadr (2)
Mosul (4)
Mountains (25)
MRAPs (1)
Mullah Baradar (1)
Mullah Fazlullah (1)
Mullah Omar (3)
Musa Qala (4)
Music (25)
Muslim Brotherhood (6)
Nation Building (2)
National Internet IDs (1)
National Rifle Association (95)
NATO (15)
Navy (30)
Navy Corpsman (1)
NCOs (3)
News (1)
NGOs (3)
Nicholas Schmidle (2)
Now Zad (19)
NSA (3)
NSA James L. Jones (6)
Nuclear (62)
Nuristan (8)
Obama Administration (221)
Offshore Balancing (1)
Operation Alljah (7)
Operation Khanjar (14)
Ossetia (7)
Pakistan (165)
Paktya Province (1)
Palestine (5)
Patriotism (7)
Patrolling (1)
Pech River Valley (11)
Personal (72)
Petraeus (14)
Pictures (1)
Piracy (13)
Pistol (4)
Pizzagate (21)
Police (648)
Police in COIN (3)
Policy (15)
Politics (970)
Poppy (2)
PPEs (1)
Prisons in Counterinsurgency (12)
Project Gunrunner (20)
PRTs (1)
Qatar (1)
Quadrennial Defense Review (2)
Quds Force (13)
Quetta Shura (1)
RAND (3)
Recommended Reading (14)
Refueling Tanker (1)
Religion (492)
Religion and Insurgency (19)
Reuters (1)
Rick Perry (4)
Rifles (1)
Roads (4)
Rolling Stone (1)
Ron Paul (1)
ROTC (1)
Rules of Engagement (75)
Rumsfeld (1)
Russia (37)
Sabbatical (1)
Sangin (1)
Saqlawiyah (1)
Satellite Patrols (2)
Saudi Arabia (4)
Scenes from Iraq (1)
Second Amendment (668)
Second Amendment Quick Hits (2)
Secretary Gates (9)
Sharia Law (3)
Shura Ittehad-ul-Mujahiden (1)
SIIC (2)
Sirajuddin Haqqani (1)
Small Wars (72)
Snipers (9)
Sniveling Lackeys (2)
Soft Power (4)
Somalia (8)
Sons of Afghanistan (1)
Sons of Iraq (2)
Special Forces (28)
Squad Rushes (1)
State Department (23)
Statistics (1)
Sunni Insurgency (10)
Support to Infantry Ratio (1)
Supreme Court (52)
Survival (185)
SWAT Raids (57)
Syria (38)
Tactical Drills (38)
Tactical Gear (14)
Taliban (168)
Taliban Massing of Forces (4)
Tarmiyah (1)
TBI (1)
Technology (21)
Tehrik-i-Taliban (78)
Terrain in Combat (1)
Terrorism (96)
Thanksgiving (13)
The Anbar Narrative (23)
The Art of War (5)
The Fallen (1)
The Long War (20)
The Surge (3)
The Wounded (13)
Thomas Barnett (1)
Transnational Insurgencies (5)
Tribes (5)
TSA (24)
TSA Ineptitude (13)
TTPs (4)
U.S. Border Patrol (6)
U.S. Border Security (19)
U.S. Sovereignty (24)
UAVs (2)
UBL (4)
Ukraine (10)
Uncategorized (98)
Universal Background Check (3)
Unrestricted Warfare (4)
USS Iwo Jima (2)
USS San Antonio (1)
Uzbekistan (1)
V-22 Osprey (4)
Veterans (3)
Vietnam (1)
War & Warfare (412)
War & Warfare (41)
War Movies (4)
War Reporting (21)
Wardak Province (1)
Warriors (6)
Waziristan (1)
Weapons and Tactics (79)
West Point (1)
Winter Operations (1)
Women in Combat (21)
WTF? (1)
Yemen (1)

April 2024
March 2024
February 2024
January 2024
December 2023
November 2023
October 2023
September 2023
August 2023
July 2023
June 2023
May 2023
April 2023
March 2023
February 2023
January 2023
December 2022
November 2022
October 2022
September 2022
August 2022
July 2022
June 2022
May 2022
April 2022
March 2022
February 2022
January 2022
December 2021
November 2021
October 2021
September 2021
August 2021
July 2021
June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006

about · archives · contact · register

Copyright © 2006-2024 Captain's Journal. All rights reserved.