MASSIVE Gun Law OVERTURNED! Not Good If You Have...

A federal judge has overturned a Missouri law that declared that all federal gun laws are invalid if they don't have a state level equivalent. The law, the “Second Amendment Preservation Act”, further declared the federal supremacy clause as not applying to any manufacturing, ownership and use of firearms and firearm accessories or ammunition within the state because such law exceed the scope of federal government authorities. The law also goes on to make it illegal for state employees and law enforcement to enforces firearm laws declared invalid by SAPA, but further creates a duty for courts and LEO to protect the rights of law abiding citizens to keep and bear arms. Any LEO of state or local government employee in Missouri who tries to enforce the invalid federal laws shall be subject to a fine of up to $50,000 per employee hired by the law enforcement agency. Attorneys fees and costs may also be awarded to a plaintiff who sues to enforce this provision. The act was passed in 2021.

Three things coming up in the analysis:
Supremacy clause
Tenth amendment
Anti commandeering doctrine

Supremacy clause: comes from article 6 of the constitution and reads in part, “This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.”

10th amendment
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Link to Missouri's Second Amendment Preservation Act

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Legal Disclaimer: nothing in this video is offered as legal advice or a formation of attorney-client relationship. Be an adult. If you want an attorney, contact one near where you are and stop trying to blame the internet and other people for your problems.

Beyond the courtroom, Tom has been interviewed and appeared in numerous media outlets, ranging from the New York Times, CourtTV, Fox News, Reuters, Washington Post, National Public Radio, Milwaukee Journal-Sentinel, among many others. He is a frequent Continuing Legal Education course speaker to teach lawyers and judges in developments and the law, both in Wisconsin and nationally. Finally, Tom has also presented across the country, both online and in person, concerning the law and culture to the public.

In addition to speaking engagements, Tom has also contributed to the national conversation in writing on emerging legal topics and has been published in Conceal Carry Magazine and elsewhere on multiple occasions. He also edited the book and contributed legal input on various other publications, including the "Wisconsin Guide for Armed Citizens" on behalf of the National Association of Certified Firearm Instructors.

Link to attorney Tom Grieve's brief bio

#concealcarry #gunlaw #2ndamendment

[mve]

The true supremacy clause is simply "SHALL not be infringed." End of the rope.

[bobstorey]

How does this apply to sanctuary cities (“illegal” aliens), marijuana legalization, etc?

[jimkingsland]

The Constitution is the SUPREME LAW of the land. 2A is supreme over that judge. Ultimately the 2A laws should never be needed.

[healthywealthywise]

Tom, THESE are THE videos that have been missing and much appreciated by all of us in the history of 2A videos. Once again, nicely done!

[marcgrundfest]

Time for a convention of states... long overdue. There is no other way.

[mikefarmer]

All sanctuary cities and states for illegal aliens are also invalid.

[philcarr]

I would like to see a series of videos diving deeper and to see a follow up of this case. I am a citizen of Missouri and, to be honest, I was surprised that this law got passed . I would like to see it reinstated. I think it could help in preventing red flag laws in Missouri. Thanks for the update.

[ObsidianChimera]

As a Missourian, that act was one of the reasons that I decided to stay here and not move elsewhere, shitty it got struck down.

[jimwhalen]

Thank you for your time and work on these issues! Please keep us informed and a deeper dive would be appreciated!

[mikejan]

My local county sherriff has already come out and said he won’t send deputies out with the AFT to go after law abiding gun owners

[ericsfishingadventures]

Definitely do a deeper dive into this and the Brady act! I've heard a lot of lawyers give us the short of the act but anything legally about arms is always useful!

[SplashOfOrange]

Mighty MO resident here, and this is both tragic and very interesting to see how it will play out in the big picture. Like a lot of recent developments this may actually backfire on the gun controllers.
#DeepMagic

[ashleypeterson]

What the hell is going on in Washington state totally unconstitutional!!!

[terencearchuleta]

If SAPA is unconstitutional, then Gun control legislation, such as red flag or NFA, should be considered unconstitutional as well. ATF rule making, wouldn’t that be, also unconstitutional. Thanks for your informative videos. God bless America, Long Live the Republic.

[MAYHEMinTheMidwest]

Hi Tom, it'd be great to see a follow up to this as it plays out.

[ericsfishingadventures]

I heard about this. I still think Missouri is far better on the 2nd amendment than a lot of others. I've thought about maybe even moving there.

[franksullivan]

That is just plain BS from that Judge.I hope this goes to the Supreme Court for review.

[bob_mosavo]

I've seen many federal district judges summary judgements get taken up on appeal and slapped down, it's not funny. Whenever I see a summary judgement now, it's like the judge is punting to the appellate court to take the matter. With MO's attorney general telling the head of the DOJ to get bent, I'd put money on MO appealing this summary judgement.

[freedomfamily]

No not another unconstitutional judge put in place by brandon

[wegmandan]

And still? Crime do not follow law? Name ANY blue run city that crime follow law? Anyone?