Justice Dept.: Missouri governor can't void federal gun laws

It would be nice if conservatives would at least READ the US Constitution before they pass laws that won't be upheld upon a court challenge, thereby wasting everyone's time in the process. Instead, it would be nice if they spent their time actually working to get things done for the people. But I guess that's too much to ask..

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Justice Dept.: Missouri governor can't void federal gun laws​


WASHINGTON (AP) — The Justice Department is warning Missouri officials that the state can’t ignore federal law, after the governor signed a bill last week that bans police from enforcing federal gun rules.

In a letter sent Wednesday night and obtained by The Associated Press, Justice officials said the U.S. Constitution's Supremacy Clause outweighs the measure that Gov. Mike Parson signed into law Saturday. The new rules penalize local police departments if their officers enforce federal gun laws.

Acting Assistant Attorney General Brian Boynton said the law threatens to disrupt the working relationship between federal and local authorities, they said in the letter, noting that Missouri receives federal grants and technical assistance.

“The public safety of the people of the United States and citizens of Missouri is paramount,” Boynton wrote in the letter.

President Joe Biden has made gun control laws a priority of his administration, and the House has passed two bills requiring background checks on firearms sales and an expanded review for gun purchases, though they face a tough road in the Senate. But states, including Missouri, have increasingly worked to loosen gun laws, including abandoning requirements that people get training and pass background checks to carry concealed handguns.

Missouri’s law would subject law enforcement agencies with officers who knowingly enforce any federal laws to a fine of about $50,000 per violating officer.

Republican lawmakers who worked to pass the bill have said they were motivated by the potential of more restrictive gun laws in the Biden administration. But state Democrats have argued the law is unconstitutional and have predicted it would not pass a challenge in the courts.

The Justice Department argued in the letter that the state lacks the authority to shield any Missouri businesses or citizens from federal law or to prevent federal law enforcement officials from carrying out their duties.

Boynton said the bill “conflicts with federal firearms laws and regulation” and federal law would supersede the state’s new statute. He said federal agents and the U.S. attorney’s offices in the state would continue to enforce all federal firearms laws and regulations. He asked that Parson and Eric Schmitt, the state’s attorney general, clarify the law and how it would work in a response by Friday.

Six states have passed legislation removing or weakening concealed-carry permit requirements this year, most recently Texas, where Republican Gov. Greg Abbott signed a bill Wednesday. About 20 states now allow people to carry concealed weapons without a license. At least three other states have passed legislation banning police from enforcing federal gun laws, a preemptive shot at any new measures passed by Democrats.


Missouri can certainly engage in selective enforcement. But 50k fines for following federal law? That's unconstitutional poppycock.
Missouri is a Republican disaster.
Good barbecue, though. And Branson is a fucking delight.
A little too crowded for my likes, I can remember fifty years ago it was a much easier place to navigate.
 
In a letter sent Wednesday night and obtained by The Associated Press, Justice officials said the U.S. Constitution's Supremacy Clause outweighs the measure that Gov. Mike Parson signed into law Saturday.
Of course it does.

This is Constitutional law 101 – see also Cooper v. Aaron (1958); Federal laws and rulings made by Federal courts are the supreme law of the land, laws that states and local jurisdictions are subject to.

This idiotic rightwing nonsense about Second Amendment ‘sanctuary’ states is meritless political theater.
Very much like Sanctuary City laws are in violation of Federal Laws.
 
What part do you not understand about the fact that individual states cannot choose to override federal law and cannot pass laws in an attempt to do so?


The bill signed into law does not void federal laws. It merely says that Missouri will not enforce.

If it did void federal law the feds would already be in District Court getting an injunction.
It does much more than that, if you had bothered to read the story. The new state law would fine each police department about $50,000 for each police officer who knowingly enforces any federal firearms law.

At this point, it's a horse race as to which entity is going to file a lawsuit against the governor and the state. Will it be the federal gov't, or will it be local police departments?

Stay tuned!
 
OP so only Dems can ignore the Constitution? Not really a question is it.
This is a lie.

In fact, it’s conservatives who have nothing but contempt for the Constitution.

Conservatives have contempt for Article VI of the Constitution and contempt for its case law, DC v. Heller being one of many examples.
 
In a letter sent Wednesday night and obtained by The Associated Press, Justice officials said the U.S. Constitution's Supremacy Clause outweighs the measure that Gov. Mike Parson signed into law Saturday.
Of course it does.

This is Constitutional law 101 – see also Cooper v. Aaron (1958); Federal laws and rulings made by Federal courts are the supreme law of the land, laws that states and local jurisdictions are subject to.

This idiotic rightwing nonsense about Second Amendment ‘sanctuary’ states is meritless political theater.
Very much like Sanctuary City laws are in violation of Federal Laws.
Then why have the feds not sued them and won?
 
What part do you not understand about the fact that individual states cannot choose to override federal law and cannot pass laws in an attempt to do so?


The bill signed into law does not void federal laws. It merely says that Missouri will not enforce.

If it did void federal law the feds would already be in District Court getting an injunction.
It does much more than that, if you had bothered to read the story. The new state law would fine each police department about $50,000 for each police officer who knowingly enforces any federal firearms law.

At this point, it's a horse race as to which entity is going to file a lawsuit against the governor and the state. Will it be the federal gov't, or will it be local police departments?

Stay tuned!
It doesn't fine them lol. It opens them up to civil litigation with a cap of 50k

Seems it was YOU who was uninformed
 
That is an OPINION by the justice department. The constitution specifies NO RESTRICTIONS specifically on gun ownership so wtf are you referring to in the constitution and implying that the right doesn't understand it?
The Constitution in fact specifies restrictions on firearms:

“The Court’s opinion should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.”


The Federal government, state and local governments, have the authority to enact all manner of limits and restrictions concerning the possession of firearms provided those limits and restrictions are consistent with Second Amendment jurisprudence.
So, ONLY under due process can an 'Individual Right" be curtailed.

Get it yet you fucking moron?
 
Sure just like I can choose which laws to observe and not observe because I am a sovereign citizen since I got my job as a cop.


How can the feds compel Missouri to enforce federal laws?

And in light of all the sanctuary cities and states that refuse to follow federal law.
Laws are useless if not enforced or not accepted by the populace.
 
In a letter sent Wednesday night and obtained by The Associated Press, Justice officials said the U.S. Constitution's Supremacy Clause outweighs the measure that Gov. Mike Parson signed into law Saturday.
Of course it does.

This is Constitutional law 101 – see also Cooper v. Aaron (1958); Federal laws and rulings made by Federal courts are the supreme law of the land, laws that states and local jurisdictions are subject to.

This idiotic rightwing nonsense about Second Amendment ‘sanctuary’ states is meritless political theater.
Very much like Sanctuary City laws are in violation of Federal Laws.
Then why have the feds not sued them and won?
Ask the FEDS. I don't answer for cowards.
 
The Missouri law merely says they can choose to not enforce federal gun laws.

It has nothing to do with voiding them. That would be a lie and/or propaganda.


Missouri law enforcement officials no longer have to execute federal gun laws.


I would call a $50,000 fine against a municipal police dept. per officer who chooses to enforce federal gun laws both a punishment for enforcing federal gun laws and an incentive not to do so.
 
Bad news sunshine. The FEDS are NOT permitted to violate the Constitution.

Violate the constitution.....according to who?

Spoiler alert: its not you.
Spoiler alert. It is also NOT YOU.

This will be appealed and overturn.

I'm not quoting me. I'll stick with the DOJ and the courts.

And the laws that will get you penalties in Missouri if you enforce are thoroughly legal according to both.

So I ask again, 'violate the constitution' according to who?
 
It would be nice if conservatives would at least READ the US Constitution before they pass laws that won't be upheld upon a court challenge, thereby wasting everyone's time in the process. Instead, it would be nice if they spent their time actually working to get things done for the people. But I guess that's too much to ask..

__________________________________________________________

Justice Dept.: Missouri governor can't void federal gun laws​


WASHINGTON (AP) — The Justice Department is warning Missouri officials that the state can’t ignore federal law, after the governor signed a bill last week that bans police from enforcing federal gun rules.

In a letter sent Wednesday night and obtained by The Associated Press, Justice officials said the U.S. Constitution's Supremacy Clause outweighs the measure that Gov. Mike Parson signed into law Saturday. The new rules penalize local police departments if their officers enforce federal gun laws.

Acting Assistant Attorney General Brian Boynton said the law threatens to disrupt the working relationship between federal and local authorities, they said in the letter, noting that Missouri receives federal grants and technical assistance.

“The public safety of the people of the United States and citizens of Missouri is paramount,” Boynton wrote in the letter.

President Joe Biden has made gun control laws a priority of his administration, and the House has passed two bills requiring background checks on firearms sales and an expanded review for gun purchases, though they face a tough road in the Senate. But states, including Missouri, have increasingly worked to loosen gun laws, including abandoning requirements that people get training and pass background checks to carry concealed handguns.


Missouri’s law would subject law enforcement agencies with officers who knowingly enforce any federal laws to a fine of about $50,000 per violating officer.

Republican lawmakers who worked to pass the bill have said they were motivated by the potential of more restrictive gun laws in the Biden administration. But state Democrats have argued the law is unconstitutional and have predicted it would not pass a challenge in the courts.

The Justice Department argued in the letter that the state lacks the authority to shield any Missouri businesses or citizens from federal law or to prevent federal law enforcement officials from carrying out their duties.

Boynton said the bill “conflicts with federal firearms laws and regulation” and federal law would supersede the state’s new statute. He said federal agents and the U.S. attorney’s offices in the state would continue to enforce all federal firearms laws and regulations. He asked that Parson and Eric Schmitt, the state’s attorney general, clarify the law and how it would work in a response by Friday.

Six states have passed legislation removing or weakening concealed-carry permit requirements this year, most recently Texas, where Republican Gov. Greg Abbott signed a bill Wednesday. About 20 states now allow people to carry concealed weapons without a license. At least three other states have passed legislation banning police from enforcing federal gun laws, a preemptive shot at any new measures passed by Democrats.


"Sanctuary cities" have been instructing their police to ignore federal immigration law for years, so you can fuck right off with that bullshit.
Only the feds have immigration and naturalization laws.
And only the Federal government is at liberty to enforce those laws.

Just like federal gun laws. The states are free to ignore them.
 
Bad news sunshine. The FEDS are NOT permitted to violate the Constitution.

Violate the constitution.....according to who?

Spoiler alert: its not you.
Spoiler alert. It is also NOT YOU.

This will be appealed and overturn.

I'm not quoting me. I'll stick with the DOJ and the courts.

And the laws that will get you penalties in Missouri if you enforce are thoroughly legal according to both.

So I ask again, 'violate the constitution' according to who?
According to an intellectual reading of the Constitution.

Again, this will be appealed and overturned.
 

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