Kara Sears
Missouri and Alabama have had laws deemed unconstitutional by federal courts. For instance, in March 2023, a federal judge ruled that a Missouri law banning local police from enforcing federal gun laws was unconstitutional. Similarly, an Alabama law that imposed an additional franchise tax on foreign corporations was deemed to deny these corporations equal protection under the law. Both states have also had laws related to taxation and commerce struck down as unconstitutional. Furthermore, a Missouri court secrecy law has been challenged in court as a violation of free speech protections and open court rights. Understanding the interplay between state and federal laws is crucial, as exemplified by the concept of concurrent jurisdiction, where both Alabama state law and federal law can apply to certain charges.
| Characteristics | Values |
|---|---|
| Missouri law banning local police from enforcing federal gun laws | Unconstitutional and void |
| Missouri law taxing corporations afforded tax exemption | Impaired the obligation of contract |
| Missouri law on adequate accommodations for railroads | Imposed an invalid, unreasonable burden on interstate commerce |
| Missouri law on right of admitted foreign carriers to do local business | Imposed an unconstitutional condition |
| Missouri law on court secrecy | Unconstitutional |
| Alabama law imposing a license tax on agents from out of state | Imposed an invalid burden on interstate commercial transactions |
| Alabama law on redemption of mortgaged property | Unconstitutional impairment of the obligation of contracts |
| Alabama law imposing additional tax on foreign corporations | Denied foreign corporations equal protection of the laws |
| Alabama law on double jeopardy | Allows prosecution for the same crime in both state and federal court |
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What You'll Learn
Missouri gun law
Missouri's gun laws are considered by some to be worryingly weak, and the state has one of the highest gun death rates in the country. Since 2017, the state has allowed people to carry concealed, loaded firearms in public without a background check or permit. In 2021, Missouri enacted the "Second Amendment Preservation Act (SAPA)", which imposed fines on local and state law enforcement officers for enforcing federal gun laws. This was found to be unconstitutional and void by a federal judge in March 2023, who cited the US Constitution's supremacy clause. Missouri's Republican Attorney General, Andrew Bailey, stated his intention to appeal the ruling, citing the need to defend Missourians' fundamental right to bear arms.
Missouri is a Castle Doctrine state, empowering gun owners to defend themselves outside of their homes or properties without the requirement to retreat. This assumes the person was not the initial aggressor and is not attempting to commit a crime. Missouri law also prohibits political subdivisions from precluding the use of firearms to defend people or property.
Open carry and concealed carry are legal in Missouri without a Concealed Carry Permit (CCP) for anyone 19 years or older who can legally possess a firearm (18 for military members or honorably discharged). Local authorities can restrict concealed carry in county or municipality-controlled buildings and may require a CCP for open carry. To obtain a Missouri CCP, one must be at least 19 years old (18 for military members or honorably discharged) and have passed a firearms training course.
Missouri law states that the right of every citizen to keep and bear arms, ammunition, and accessories for the normal function of such arms shall not be questioned. The state is obligated to uphold these rights and protect against their infringement. However, restrictions may be placed on the rights of convicted violent felons or those adjudicated as a danger to themselves or others due to mental disorder or infirmity.
Missouri is not the only state to have its laws ruled unconstitutional; Alabama has had several statutes deemed unconstitutional over the years, including one that imposed an additional tax on foreign corporations, denying them equal protection of the laws.
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Missouri court secrecy law
Missouri and Alabama laws have been deemed unconstitutional in the past. For instance, a Missouri law that forfeited the right of a foreign carrier to do local business upon instituting a right of action in a federal court was deemed to impose an unconstitutional condition. In March 2023, a Missouri law banning local police from enforcing federal gun laws was also deemed unconstitutional.
In June 2024, a lawsuit was filed against a new Missouri court secrecy law, claiming that it is unconstitutional. The law, which requires secrecy in court filings, has been challenged on the basis that it violates the Missouri Constitution's requirement for open courts and imposes steep new costs on litigants, particularly those pursuing appeals. The lawsuit also argues that the law violates First Amendment free speech protections and that it exceeds the legislature's powers under the Missouri Constitution.
The lawsuit highlights the challenges and costs associated with redacting information from court transcripts and filings, which can be time-consuming and expensive, especially for those seeking appeals. It also contends that the law makes it difficult for attorneys, citizens, and the media to understand and follow criminal cases, as important information such as the names of victims and witnesses may be redacted.
Additionally, the lawsuit claims that the bill containing the court secrecy language violated procedural rules in the constitution for passing bills. It argues that the bill was not "limited to [a] purpose" as required for bills changing court operating rules established by the Missouri Supreme Court. The lawsuit asks the court to overturn the law and address the concerns regarding transparency, costs, and legislative process.
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Alabama double jeopardy law
The Fifth Amendment to the United States Constitution contains the double jeopardy clause, which states that no person shall "be subject for the same offence to be twice put in jeopardy of life or limb." Most state constitutions similarly protect individuals from retrial for the same crime. This is a crucial right for criminal defendants, protecting them from repeated prosecutions or punishments for the same offence.
Alabama's double jeopardy law came under scrutiny in the 2019 case of Gamble v. U.S. Terance Gamble, convicted of robbery in 2008 and domestic violence charges in 2013, was found with a firearm in his car in 2015. As a convicted felon, this was illegal under both state and federal law. Gamble pleaded guilty to the state charges and was sentenced to a year in prison. However, federal prosecutors also brought charges, resulting in a lengthier sentence. Gamble argued that this violated the double jeopardy clause of the Fifth Amendment, which is designed to prevent defendants from facing multiple prosecutions or punishments for the same misconduct.
While Alabama's double jeopardy law was central to the Gamble case, the state's law itself does not appear to have been deemed unconstitutional. Instead, the case highlighted the complex interplay between state and federal double jeopardy laws, with Justice Ginsburg questioning the "separate sovereigns doctrine." This doctrine allows for federal and state prosecutions for the same offence, which can result in what Ginsburg termed a "double whammy."
While I cannot find explicit references to Missouri's double jeopardy laws, there are examples of Missouri laws being deemed unconstitutional. For instance, a Missouri law banning local police from enforcing federal gun laws was ruled unconstitutional and void by a federal judge in March 2023. This ruling cited the U.S. Constitution's supremacy clause, which takes precedence over conflicting state laws.
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Alabama license tax law
Alabama's license tax laws have also been deemed unconstitutional in the context of taxation on vessels owned by Alabama citizens and employed in intrastate commerce. This violated the constitutional prohibition against the levy of tonnage duties by states.
In another instance, an Alabama statute authorizing the redemption of mortgaged property within two years of a foreclosure sale was deemed to unconstitutionally impair the obligation of contracts under Article I, Section 10.
Additionally, Alabama has a use tax, which applies to businesses, individuals, or nonprofits that don't have an exemption granted by the Alabama Department of Revenue. This tax attempts to level the playing field for purchases that would typically avoid sales tax. There are two types of use tax: seller use tax and consumer use tax. Seller use tax is a transaction tax determined by applying the use tax rate (equal to the sales tax rate) to the purchase price of qualifying goods and services. A business is generally required to pay seller use tax if no tax was collected on a sale that qualifies for sales tax in Alabama.
Businesses in Alabama must also pay income tax, self-employment tax, taxes for employers, and excise taxes. All businesses, except partnerships, must file an annual income tax return, while partnerships file an information return (1065 form). Furthermore, employers are required to withhold federal income taxes, Social Security, and Medicare taxes.
Finally, Alabama has a local rental tax, which can be paid quarterly if the total state rental tax liability for the preceding calendar year averaged less than $200 per month.
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Alabama tax on vessels law
Alabama levies taxes on vessels owned by its citizens and employed in intrastate commerce. These taxes are based on the registered tonnage of the vessel and are deemed unconstitutional as they violate the constitutional prohibition against the levy of tonnage duties by states.
Alabama's Tax on Vessels Law
Alabama's tax on vessels law has been deemed unconstitutional. The state's tax laws imposed taxes on vessels owned by Alabama citizens and used for intrastate commerce. This tax was based on the registered tonnage of the vessel, with a higher tax rate for larger vessels. While Alabama's exact reasoning for this tax is unclear, it is possible that the state was trying to generate revenue from its citizens' use of the state's waterways or to regulate and control the intrastate commerce of vessels.
Unconstitutionality
The United States Constitution prohibits states from levying tonnage duties, which are taxes based on the capacity or volume of a vessel. Alabama's tax on vessels owned by its citizens and employed in intrastate commerce violated this prohibition. The Supreme Court of the United States held that Alabama's tax law imposed an invalid burden on interstate commerce and was thus unconstitutional. This decision set a precedent for similar state laws, ensuring that commerce across state lines remains unhindered by such taxes.
Registration and Identification Requirements
Alabama has various requirements for vessel registration and identification. All vessels manufactured after 1972 are mandated by federal law to have a hull identification number (HIN) assigned by the manufacturer. This 12-digit HIN is typically located on the outside stern of the vessel, below the gunwale. Vessels without this HIN, including homemade boats, must apply for a state-assigned HIN from the Alabama Law Enforcement Agency's Marine Patrol Division. The Marine Police Division affixes this serial number to the vessel's transom, with a $25 inspection fee applicable for homemade vessels.
Sales Tax and Title Requirements
Alabama also imposes sales tax on vessel purchases, which must be itemized on the bill of sale. The sales tax rate varies from 3.5% to 6%, depending on the registration address of the vessel. Additionally, Alabama has specific title requirements for certain vessels. As of January 1, 2024, vessels that are 26 feet or longer, with Alabama as the state of principal use, may voluntarily apply for a certificate of title. Vessels constructed after December 31, 2023, or those less than 18 feet in length propelled by an engine of 75 horsepower or more, also require titling.
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Frequently asked questions
Yes, a Missouri law banning local police from enforcing federal gun laws was deemed unconstitutional by a federal judge in March 2023.
Yes, an Alabama law that imposed a license tax on agents without a permanent place of business in the state was deemed to impose an invalid burden on interstate commercial transactions.
Missouri's court secrecy law has been deemed by some to be unconstitutional as it hurts the public by hiding information and making it difficult for attorneys to evaluate cases.
An Alabama statute authorizing the redemption of mortgaged property in two years after sale under a foreclosure decree was deemed to unconstitutionally impair the obligation of contracts under Art. I, § 10.
