ST. LOUIS — A federal appeals court sided with the Biden Administration, declaring several gun laws invalid.
The Missouri Second Amendment Preservation Act (SAPA), which was enacted in 2021, asserts that various federal laws regulating firearms infringe on the right to keep and bear arms, as protected by the Second Amendment of the U.S. Constitution and Missouri’s Constitution.
Judge Steven M. Colloton authored the Aug. 26 opinion.
"We are reviewing the decision," Missouri Attorney General Andrew Bailey said in a statement. "I will always fight for Missourians' Second Amendment rights."
SAPA declared that these federal laws are invalid in Missouri and will not be recognized, enforced or accepted by the state, Colloton writes.
SAPA targets federal regulations that impose taxes or fees on firearms, require registration or tracking of firearms or forbid the possession or transfer of firearms.
The law imposes a duty on Missouri courts and law enforcement to protect citizens from these perceived infringements and allows private individuals to sue if they believe these rights have been violated.
Violations of SAPA can result in significant penalties, including a $50,000 fine.
In response, the United States government sued Missouri, its governor and its attorney general, arguing that SAPA violated the Supremacy Clause of the U.S. Constitution, which establishes federal law as the supreme law of the land.
The district court sided with the United States, denying Missouri’s motions to dismiss the case and granting summary judgment in favor of the federal government.
The court enjoined the implementation and enforcement of SAPA, ruling that SAPA unlawfully attempts to invalidate federal law within Missouri, thus violating the Supremacy Clause.
Missouri appealed, arguing that the United States lacked standing to sue because the law is enforced by private citizens, not state officials and that SAPA was a lawful exercise of state power.
However, the appellate court affirmed the district court’s decision, ruling that the United States does have standing because SAPA caused concrete harm by forcing state officials to withdraw from federal law enforcement activities.
The court also reiterated that Missouri cannot invalidate federal law, even if it chooses not to assist in its enforcement.
The court found that SAPA’s provisions are inseparable from the unconstitutional attempt to nullify federal law, and thus the entire Act was properly enjoined.
"We conclude that the law is not severable because the entire Act is founded on the invalidity of federal law," Colloton wrote. "Section 1.410 purports to limit the supremacy of federal law by stating that federal 'supremacy does not extend to various federal statutes, executive orders, administrative orders, court orders, rules, regulations, or other actions that collect data or restrict or prohibit the manufacture, ownership, or use of firearms, firearm accessories, or ammunition exclusively within the borders of Missouri.'"
The judgment against SAPA was affirmed, upholding the principle that federal law supersedes conflicting state laws.
"The court thus cannot give effect to any provision of the Act without enforcing Missouri’s attempt to invalidate federal law," Colloton wrote. "Accordingly, the district court’s order enjoining state officials from implementing and enforcing the Act was proper."
U.S. Court of Appeals for the Eighth Circuit case number: 23-1457