Judge Declares It UNCONSTITUTIONAL – The Verdict Is In!

(ConservativeSense.com) – A District Judge has struck down Missouri legislation aimed at preserving Second Amendment rights in the state. Judge Brian C. Mimes said the act was “invalid, null, void, and of no effect.” The Second Amendment Preservation Act (SAPA) was signed into law by Governor Mike Pearson (R) in 2021.

At that time, Pearson said the law was to put those in Washington, DC, 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.”

In his ruling on March 7th however, Judge Mimes ruled SAPA to be unconstitutional because it placed state law above federal law. The US Constitution demands that federal law is always supreme. Judge Mimes said that while purporting to protect citizens, the legislation in fact attempts to thwart the protections enacted by Congress that are applicable to all Americans and intended to enhance their safety. 

US Attorney General Merrick Garland said he was pleased by the outcome and said the ruling will allow state, federal, and local law enforcement to work together to keep Missourians safe from gun violence. 

The Missouri Attorney General took a different line, however. Andrew Bailey said he will appeal the ruling and defend the right to bear arms of Missouri residents. Similarly, Missouri State Rep. Eric Burlison, who sponsored the SAPA legislation, said he was disappointed but not surprised that an Obama-appointed Judge would take a position against the Second Amendment. 

The case serves to highlight growing unease between the White House and Republican states, particularly regarding gun laws and immigration. The Biden administration has been clear in its intent to water down the Second Amendment, and therefore the Constitution, causing it to clash with more conservative Americans and their leaders.

Soon after entering the White House, Biden said that “no amendment is absolute” when questioned about his attitude toward gun control. 

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