Missouri Senate discusses Second Amendment Preservation Act amid DOJ, police concerns
Mitchell Kaminski
JEFFERSON CITY, Mo. (KMIZ)
The Missouri Senate held a third reading of the Second Amendment Preservation Act on Tuesday, following the passage of a bill in committee aimed at refining the law’s language to address federal court objections while preserving the state’s ban on enforcing federal gun regulations.
The bill — sponsored by Rep. Bill Hardwick (R-Pulaski County) — seeks to address concerns raised by federal courts while preserving the state’s prohibition on enforcing federal gun control laws.
SAPA was signed into law in 2021, prohibiting the enforcement of certain federal gun regulations that the state deems to infringe on the Second Amendment. The U.S. Department of Justice filed a lawsuit in February 2022 to block the law, arguing it hindered federal enforcement efforts.
A federal judge in March 2023 determined SAPA violated the U.S. Constitution. Courts objected to SAPA’s language declaring certain federal gun laws unconstitutional, a provision that led to the entire law being struck down.
In response, Hardwick introduced House Bill 1175 to bring the statute into compliance with those rulings. The measure would prohibit state and local officials from enforcing federal firearms regulations, unless those provisions are also established in Missouri law. The bill has attracted 23 co-sponsors.
The Missouri House passed the bill on March 27 in a 100-51 vote. The Senate Transportation, Infrastructure and Public Safety Committee approved it on April 22, followed by the Senate Fiscal Oversight Committee on May 1.
“Under this act, no public officer or state or local employee has the authority to enforce federal firearms laws against law-abiding citizens. However, state employees may accept aid from federal officials in an effort to enforce Missouri laws. Sovereign immunity shall not be an affirmative defense under this act,” HB 1175 reads.
On April 14, law enforcement officials from across Missouri testified in opposition to the proposed legislation, including representatives from police departments in Branson, Rolla, Versailles, Columbia and other cities.
Columbia Police Department Assistant Chief Paul Dickinson voiced strong opposition to the Second Amendment Preservation Act in a statement to ABC 17 News on Tuesday.
“The Columbia Police Department strongly opposes the Second Amendment Preservation Act, which is currently being discussed in the Missouri Senate. The department believes this legislation does not enhance the public safety of Columbia citizens and visitors,” Dickinson said. “The department values its relationships with our federal law enforcement partners, and the wording of this legislation jeopardizes these relationships, therefore negatively impacting the safety of Columbia residents and visitors. The enforcement of federal laws surrounding the illegal possession of firearms is one of the most useful tools we have to combat gun violence in the community in a meaningful way.
“The special interests driving this bill want Missourians to believe that if it is not passed, local law enforcement will collude with the federal government to take firearms away from those legally in possession of and/or lawfully using firearms. We strongly urge members of the Senate to show their support for the efforts of law enforcement to combat gun violence, especially in cities where it is becoming more prevalent, by voting against this bill.”
The DOJ noted in its lawsuit filed against SAPA that the law has impeded law enforcement’s ability to combat violent crime.
“This act impedes criminal law enforcement operations in Missouri,” Attorney General Merrick B. Garland said in a 2022 press release. “The United States will work to ensure that our state and local law enforcement partners are not penalized for doing their jobs to keep our communities safe.”
Kevin Jamison, president of the Western Missouri Shooters’ Alliance, told ABC 17 News in a statement today that he supports SAPA, which he says was “enacted to prevent federal restrictions on our rights”. However, he added that he feels it is it no longer urgent due to the administration change in the White House, but that could again change after the 2026 and 2028 elections.
The Senate began discussing the bill at 3:56 on Tuesday. After failing to reach an agreement on several amendments to the bill, Democratic lawmakers began filibustering to try and prevent it from passing, which lasted over three hours. The bill was later placed on the Senate’s informal calendar without a vote.
It will need a majority vote from the Senate before being sent to Gov. Mike Kehoe’s desk.
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