If enforcement of the Second Amendment Preservation Act is blocked while Attorney General Andrew Bailey appeals a federal judge’s nullification, some sheriff's departments may be forced to disclose conceal carry warrant information.
But such disclosures would be a violation of both the concealed carry law and the Missouri Constitution, according to a local attorney.
“In those cases, the sheriffs have refused, which is one of the reasons that led to this action,” said Mark McCloskey who was arrested along with his wife, Patty, for brandishing a gun at Black Lives Matter protestors three years ago.
Wimes
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SAPA invalidates several federal firearm laws and allows Missourians to file a $50,000 lawsuit against law enforcement when their Second Amendment rights have been violated.
However, U.S. District Court Judge Brian Wimes, an Obama appointee, rendered SAPA null and void.
“Sections 1.420(2) and 1.420(3) create confusion regarding registration of firearms by purporting to invalidate federal registration and tracking requirements,” Wimes wrote in his March 7 order. “The logical implication is that Missouri citizens need not comply with federal licensing and registration requirements within the borders of [Missouri]. Since Missouri citizens must comply with federal registration and licensing requirements for firearms notwithstanding SAPA’s definition of infringements, § 1.420(2) and 1.420(3) stand as obstacles to the full purposes and objectives of federal firearms regulatory measures and are preempted.”
But McCloskey said the judge is mistaken because SAPA doesn’t state that federal law is inapplicable in Missouri.
“It does not interfere with the enforcement of federal law by federal agents in the state of Missouri,” he said. “It merely prohibits any Missouri employee from assisting in the process. So, it doesn't violate the supremacy clause in my humble opinion, or in the humble opinion of the people who drafted it. It really is not a nullification act.”
The McCloskeys, who are both personal injury attorneys, are still struggling with the courts for the return of their guns.
“We’ve got the motion for reconsideration and the motion to amend the judgment to conform with a statute pending right now and the formality is that you file the post-trial motions and if the court doesn't rule on it within 90 days, it's presumed overruled and then you get 10 days to appeal it,” McCloskey told the St. Louis Record. “We will do that."
Last month, the Missouri Supreme Court terminated their probation and withdrew their law licenses from conditional suspension.
"We wish we had our old lives back," McCloskey added. "We're doing the best we can under the new set of circumstances without anonymity. It's a different world now. We still have a lot of guns. What we don't have is unrecognizable faces."