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JEFFERSON CITY — Democrats in the Missouri Senate temporarily blocked legislation Tuesday that would prevent state law enforcement agencies from enforcing federal gun control measures.
The proposed Second Amendment Preservation Act would prevent state law enforcement from enforcing any federal law to “collect data or restrict or prohibit the manufacture, ownership, or use of firearms, firearm accessories, or ammunition,” the bill reads.
“The several states of the United States respect the proper role of the federal government but reject the proposition that such respect requires unlimited submission,” another section of the bill text says. Agencies would face civil penalties for failing to reject federal law or for hiring former federal employees who enforced federal gun laws out of step with Missouri law.
A similar bill with the same title was passed in 2021 but was overturned by the courts last year. The Eighth Circuit Court of Appeals in St. Louis ruled the law violated the supremacy clause which puts federal law over conflicting state law.
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While some House Republicans earlier expressed concern about the bill, citing opposition from local law enforcement agencies, only three voted against it.
“This is SAPA 2.0,” said Sen. Rick Brattin, the bill sponsor. “It’s an anti-commandeering doctrine.”
The measure’s chief backer is Aaron Dorr, the political director of the Missouri Firearms Coalition. His organization has amassed a following of 150,000 on Facebook, promoting a “no-compromise” approach to gun rights.
“SAPA protects cops from being forced to enforce laws that violate their oath and the Constitution,” Dorr said in an email last month.
But law enforcement leaders pushed back against the measure, including St. Charles County Police Chief Kurt Frisz. “It really restricts law enforcement and opens up police officers and police departments to litigation,” said Frisz, who also serves as the president of the Law Enforcement Legislative Coalition.
Frisz said the proposal restricts police from taking part in some federal task forces and would restrict police from using a federal database to track recovered guns, allowing stolen guns to be returned.
“If your firearm gets stolen, in the state of Missouri we won’t be able to return it to you if it’s recovered,” he said.
Democrats in the Senate rose to oppose the controversial measure Tuesday afternoon, holding the floor for several hours until the Senate moved to consider a child care tax credit measure that conservative Republicans then blocked.
In a back and forth with Brattin, Sen. Stephen Webber, D-Columbia, argued it would be undemocratic for the state to fail to follow potential future federal laws, such as an assault weapons ban.
Brattin, a Harrisonville Republican, responded that federal agents could still enforce the law without the help of local law enforcement in that case.
As a result of the first SAPA bill, the Columbia Police Department had to shut down an anti-gang task force, Webber said.
Sen. Steven Roberts, D-St. Louis, said the first SAPA bill “defunded the police” as departments lost funding from state and federal partnerships.
Citing reports finding guns to be the leading cause of death for children Roberts proposed an amendment to bar those under 18 from possessing a firearm outside of a few exceptions. Roberts said he worked with the National Rifle Association to clear his proposal.
Another failed amendment would have excluded those who have been found guilty of domestic violence from being considered a “law-abiding citizen” and thus not eligible for full Second Amendment privileges. After a few hours of debating the amendment Senate leadership pulled the plug.
The legislation is House Bill 1175
Jack Suntrup of the Post-Dispatch contributed to this report.
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