On Tuesday, District Judge Brian C. Mimes struck down Missouri’s Second Amendment Preservation Act (SAPA), finding the act “invalid, null, void, and of no effect.”
SAPA, House Bill 85, prevents local and state law enforcement from working with federal agents and agencies to enforce gun controls that infringement upon Second Amendment rights.
Gov. Mike Parson (R) signed SAPA into law on July 14, 2021, and commented on the act, saying, “HB 85 puts those in Washington D.C. on notice that here in Missouri we support responsible, law-abiding gun owners, and that we oppose government overreach and any unlawful efforts to limit our access to firearms.”
On March 7, 2023, Judge Mimes issued a decision invalidating SAPA, finding it “unconstitutional.”
He noted:
H.B. 85 is invalid, null, void, and of no effect. State and local law enforcement officials in Missouri may lawfully participate in joint federal task forces, assist in the investigation and enforcement of federal firearm crimes, and fully share information with the Federal Government without fear of H.B. 85’s penalties. The States of Missouri and its officers, agents, and employees and any others in active concert with such individuals are prohibited from any and all implementation and enforcement of H.B. 85.
Missouri state Rep. Eric Burlison (R) sponsored the SAPA legislation in 2021. He commented on Mimes’ decision against SAPA, saying, “As the sponsor of the Second Amendment Preservation Act, I am disappointed but not surprised by the decision from an Obama-appointed, district court judge to unilaterally strike down a pro-Second Amendment law.”
Burlison noted that Missouri Attorney General Andrew Bailey is going to appeal the case in which Mimes’ decided against SAPA.
The case is United States v. Missouri, No. 2:22-CV-04022-BCW in the U.S. District Court for the Western District of Missouri, Central Division.
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