Posted on 02/17/2022 1:44:23 AM PST by RandFan
The Biden administration is suing Missouri over its controversial gun-rights bills passed last year, which would allow citizens to sue state or federal agencies for $50,000 if they prove their Second Amendment rights were violated.
Attorney General Merrick B. Garland announced the lawsuit Wednesday, saying House Bill 85 violates the “Supremacy Clause, is preempted by federal law and violates the doctrine of intergovernmental immunity.”
The Justice Department (DOJ) states in the lawsuit the law hurts cooperation between federal, state and local law enforcement.
“The penalties associated with H.B. 85 have prompted state and local agencies and individuals within those entities to withdraw support for federal law enforcement efforts, including by not sharing critical data used to solve violent crimes and withdrawing from joint federal task forces,” the department wrote.
The DOJ also alleges federal authorities in the state have complained of difficulties in enforcing federal gun laws due to the law, as it effectively declares federal laws "invalid."
“This act impedes criminal law enforcement operations in Missouri,” Garland wrote. “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.”
The Biden administration has opposed the law since its signing in 2021, with the DOJ telling a court the law was unconstitutional last August.
(Excerpt) Read more at thehill.com ...
Section 23. Right to keep and bear arms, ammunition, and certain accessories—exception—rights to be unalienable.—That the right of every citizen to keep and bear arms, ammunition, and accessories typical to the normal function of such arms, in defense of his home, person, family and property, or when lawfully summoned in aid of the civil power, shall not be questioned.
The rights guaranteed by this section shall be unalienable. Any restriction on these rights shall be subject to strict scrutiny and the state of Missouri shall be obligated to uphold these rights and shall under no circumstances decline to protect against their infringement.
Nothing in this section shall be construed to prevent the general assembly from enacting general laws which limit the rights of convicted violent felons or those adjudicated by a court to be a danger to self or others as result of a mental disorder or mental infirmity.
Is this lawsuit claiming the US government has the power to infringe the right to keep and bear arms?
It certainly seems that way.
What part of “SHALL NOT BE INFRINGED” do they not understand?
That law is well written. Bet the Founding Fathers would have written it that way if they had known about sewer weasels like Chuck Schumer.
I doubt that courts will recognize a power of states to fine the federal government. But states have the right to sue the federal government. So do citizens. And federal government employees are not completely immune from state laws even when performing their job duties.
The federal government has VERY limited police powers under the Constitution.
They should amend this law to allow for suing federal government employees who violate the rights of citizens while in their state.
Also, charge these federal employees with state crimes when engaging in the deprivation of rights. Local and state law enforcement have the right to arrest federal agents who break local and state laws, and charge them with any crimes they commit, even if they are acting to enforce federal laws.
Federal employees only have limited immunity according to the Supreme Court (Neagle, 1890). The two-prong test is: (1) Was the officer performing an act that federal law authorized him to perform? (2) Were his actions necessary and proper to fulfilling his federal duties. If federal agents break state laws, arrest them, charge them, and let them defend their case in court like the rest of us.
The supremacy clause only applies to Constitutionally authorized powers of the federal government. The Constitution does not grant the federal government general police powers. That power is reserved to the states.
File an NFA Form 4.
File a 2ndA denial suit in Missouri a la “rights delayed are rights denied”.
When suit reaches court before Form 4 is approved, collect $50,000.
“This act impedes criminal law enforcement operations in Missouri,” Garland wrote.”
Actually, the last time I checked, Missouri is PERFECTLY CAPABLE of carrying out its own law enforcement operations.
To do this before the midterms is not very smart.
That's why it's imperative we somehow stop the influx of these filthy kalifornians into civilized states. They're stupid, smoke dope and smell bad. There is no up side.
If California can pass a law barring state employees from cooperating with federal immigration agents, then other states can bar any cooperation with federal gun control measures.
There is good reason to oppose this law. While it was enacted with good intentions, the poorly worded law makes it harder for officers to do their jobs and exposes departments unfairly to legal liability.
“These bills were written with good intentions to help Missourians protect their 2nd Amendment rights,” Moniteau County Sheriff Tony Wheatley said in a statement. “Unfortunately, however, these well intended bills with their current language are very worrying to law enforcement across the state.”
“If passed with the current language they would severely hamper law enforcement’s ability to prosecute the most heinous criminals through the federal system,” Wheatley wrote.
See
Already litigated in Printz v US.
Quite simply, the feds can’t draft state officials to carry out fed mandates. The fed fascists want another lick on the ice cream cone, even though they’ve already been pushed away. Courts have ruled numerous times that states, counties and Indian reservations are sovereigns.
Looks like the Missouri law is bolstering the state’s sovereignty by threatening to punish state actors who cooperate with the feds. Looks good to me.
When the feds come into a state, they try to recruit boots in leftist police departments to do their dirty work. They’ll offer these stupid boots some cash and an FBI jacket to play badass “tough guy.”
Without this local “assistance,” the feds are seriously undermanned to carry out their fascist designs on an innocent population. Plus, the feds could end up facing a heavily armed sheriff SWAT team.
That’s what this lawsuit is all about.
I wish we could just move on to the civil war, and get this over with. Has Garland never even read ANYTHING in the Constitution except the all-powerful “Supremacy Clause”?
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