Almost two years after being struck down by an Eighth U.S. Circuit Court of Appeals panel as unconstitutional, an updated version of Missouri’s Second Amendment Preservation Act (SAPA) is making its way through the State Legislature in Jefferson City.
Sponsors of House Bill 1175 say it is supposed to be less vulnerable to court challenge, according to KMOV News. An earlier version of the SAPA was passed in 2021, but quickly challenged in federal court by the Department of Justice. A three-judge panel consisting of Judges Steven Colloton, a George W. Bush appointee, Judge James Loken, a George H.W. Bush appointee and Judge Jane Kelley, appointed by Barack Obama,
SAPA prohibits local law enforcement agencies from enforcing federal gun control laws. However, in August 2024, the appeals court ruled “Missouri’s attempt to invalidate federal law is unconstitutional.” Judge Colloton wrote the opinion for the court.
KMIZ News is reporting the bill had a third reading before the Missouri state Senate Tuesday. State Rep. Bill Hardwick, a Pulaski County Republican, sponsored the new SAPA version. It was opposed by Paul Dickinson, assistant chief of the Columbia Police Department. He told a reporter the legislation “jeopardizes” relationships his department has with federal law enforcement. He also said enforcement of federal gun laws against people who illegally possess guns “is one of the most useful tools” the department has for fighting violent crime involving guns.
Other law enforcement agencies from across the state also opposed the measure during a hearing in mid-April. Back in 2022, then-Attorney General Merrick Garland also opposed the original SAPA, asserting it would impede criminal law enforcement operations in Missouri.
If HB 1175 is passed and sent to Gov. Michael Kehoe, there will almost certainly be another court challenge if he signs the legislation.
This version of SAPA prohibits state agencies from enforcing federal laws that do not match Missouri statutes, according to KMOV.
HB 1175 passed the Missouri House back on March 27, in a lopsided 100-51 vote. It was passed by the Senate Transportation, Infrastructure and Public Safety Committee on April 22 and last Thursday, May 1, it passed out of the Senate Fiscal Oversight Committee.
If the current SAPA is to become law, legislators need to get it approved and to the governor. The general assembly adjourns May 6.
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