KANSAS CITY — Missouri Attorney General Andrew Bailey announced plans to sue Jackson County following its approval of an ordinance prohibiting individuals under 21 from possessing firearms or ammunition, asserting it violates constitutional and state rights.
Bailey labeled the ordinance as an infringement on Missourians’ Second Amendment rights.
"The right to keep and bear arms is inalienable," Bailey said in a provided statement. "To that end, I will be filing suit against Jackson County for their illegal attempt to violate Missourians’ Second Amendment rights."
The ordinance, identified as Ordinance 5865, was passed by the Jackson County Legislature on Nov. 18, overriding County Executive Frank White’s veto.
In his veto letter, White warned that the ordinance was contrary to state law, unenforceable, and likely to provoke litigation, including from the Attorney General’s Office.
The County Counselor’s Office also advised against the ordinance, stating it violated state law.
The legislature moved forward, prompting Bailey to issue a litigation hold notice to preserve evidence and communications related to the ordinance.
"This letter serves as a formal document hold notice under federal and Missouri law," Bailey said in his notice. He accused the county of attempting to "undermine state authority" and ignoring sound legal advice, describing the ordinance as a "dangerous" political move.
The Attorney General demanded Jackson County preserve all documents and communications associated with drafting, passing and overriding the veto of Ordinance 5865 — including internal communications, correspondence with third parties and interactions with organizations potentially involved in the ordinance's creation.
"Be advised that any failure to preserve documents of probative value to this case, even if inadvertent, will constitute spoliation of evidence and may result in a finding of contempt from the court or sanctions," Bailey said, warning that failure to preserve evidence could result in legal repercussions.
Bailey wrote in the letter that the legislature was well aware of the folly of its actions.
"On July 25, 2024, County Counselor, Bryan Corvinsky, advised the legislature that Ordinance 5865 was proscribed by Missouri’s firearms preemption statute and would subject the county to liability should it pass," he wrote. "The Legislature nonetheless passed Ordinance 5865 forcing County Executive Frank White to veto what he called a, 'fundamentally flawed, unlawful, and counterproductive' law. Despite the sound legal advice of the county counselor, and Executive White’s veto, the legislature enacted Ordinance 5865 on November 18, 2024, and, in the words of County Executive White, put 'performative politics over honest public service,' and did a 'dangerous disservice to [the people of Jackson County.]'"
Bailey noted that the county and its staff are further instructed to cease any protocol for the automatic deletion of emails or backup files on their computer systems.
"Please forward a copy of this letter to Jackson County IT managers and instruct them to suspend any such protocols," he wrote.
Jackson County has not yet publicly responded to Bailey’s litigation hold notice.
The lawsuit, if filed, will add to the growing list of legal challenges against municipalities in Missouri over gun-related restrictions, as Bailey has vowed to ensure state law and constitutional rights are upheld.