The Constitutionality of the 2021 HB85 Second Amendment Preservation Act (SAPA) in Missouri is being challenged, and the Justice Department under Joe Biden has taken sides. Biden had foreshadowed aims at stricter gun control prior to his election, which is a reason given by Missouri and other states for passing laws like HB 85 to assert State’s rights in allowing uninfringed gun ownership within its borders, free of intervention by Federal Supremacy.
The Justice Department (DOJ) filed a Statement of Interest Wednesday that summarizes its legal argument in opposition to HB85:
“House Bill No. 85, known as the Second Amendment Preservation Act (hereafter ‘HB85’ or ‘SAPA’), purports to nullify certain federal firearm laws, prohibits enforcement of those federal firearm laws, and imposes civil monetary penalties on political subdivisions and state law enforcement agencies that enforce, or assist in the enforcement of, those federal firearm laws. The United States understands that this Court will consider the legality of HB85 in a hearing currently scheduled for August 19, 2021. Accordingly, pursuant to 28 U.S.C. § 517,1 the United States respectfully submits this Statement of Interest to assist the Court in evaluating whether HB85 is invalid under the United States Constitution and whether HB85 should be enjoined. Specifically, for the reasons set forth below, the United States supports a declaration that HB85 is unconstitutional and an injunction against its enforcement.”
The case referenced was filed in the Circuit Court of Cole County, Missouri, by the City of St. Louis, St. Louis County, and Jackson County against the State of Missouri. The case claims the unconstitutionality of HB85 (formerly HB310) and requests a declaration recognizing as much with an injunction against its enforcement.