The intent of some State gun laws is to infringe or usurp citizen gun rights, a right the Bill of Rights enumerates "... shall not be infringed". Meaning, such State law is intended to reduce rather than expand citizen gun rights.
This topic addresses the opposite.
Despite the 2nd Amendment's "... shall not be infringed" wording, many federal laws infringe or usurp citizen gun carry options.
Missouri tried to circumvent those federal restrictions by nullifying such federal gun restrictions at State level.
Judge Wimes ruled Missouri's attempt to defend this federally enumerated Constitutional right which federal law infringes violates the Constitution.
Thus according to Wimes, defending the Constitution violates the Constitution.
By Sarah N. Lynch and Nate Raymond
WASHINGTON (Reuters) -A Missouri state law that declared several federal gun laws "invalid" is unconstitutional, a U.S. federal judge ruled on Tuesday, handing the U.S. Justice Department a victory in its bid to get the law tossed out.
At issue was a measure Republican Governor Mike Parson signed into law in 2021 that declared that certain federal gun laws infringed on the rights of individuals to keep and bear arms under the U.S. Constitution's Second Amendment.
U.S. District Judge Brian Wimes in Jefferson City, Missouri, said the state's Second Amendment Preservation Act (SAPA) violates the U.S. Constitution's Supremacy Clause, which holds that federal laws take priority over conflicting state laws.
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It may be low probability, but high consequence. If appeals mushroom such legal challenge could result in a re-evaluation, and update of U.S. federal gun laws.
This topic addresses the opposite.
Despite the 2nd Amendment's "... shall not be infringed" wording, many federal laws infringe or usurp citizen gun carry options.
Missouri tried to circumvent those federal restrictions by nullifying such federal gun restrictions at State level.
Judge Wimes ruled Missouri's attempt to defend this federally enumerated Constitutional right which federal law infringes violates the Constitution.
Thus according to Wimes, defending the Constitution violates the Constitution.
By Sarah N. Lynch and Nate Raymond
WASHINGTON (Reuters) -A Missouri state law that declared several federal gun laws "invalid" is unconstitutional, a U.S. federal judge ruled on Tuesday, handing the U.S. Justice Department a victory in its bid to get the law tossed out.
At issue was a measure Republican Governor Mike Parson signed into law in 2021 that declared that certain federal gun laws infringed on the rights of individuals to keep and bear arms under the U.S. Constitution's Second Amendment.
U.S. District Judge Brian Wimes in Jefferson City, Missouri, said the state's Second Amendment Preservation Act (SAPA) violates the U.S. Constitution's Supremacy Clause, which holds that federal laws take priority over conflicting state laws.
U.S. judge rules Missouri state gun law is unconstitutional
WASHINGTON (Reuters) -A Missouri state law that declared several federal gun laws "invalid" is unconstitutional, a U.S. federal judge ruled on Tuesday, handing the U.S. Justice Department a victory in its bid to get the law tossed out. At issue was a measure Republican Governor Mike Parson...
It may be low probability, but high consequence. If appeals mushroom such legal challenge could result in a re-evaluation, and update of U.S. federal gun laws.