Anaya Nolan
Missouri's Second Amendment Preservation Act has been deemed controversial by police and legislators. The law prohibits local law enforcement from assisting federal officials in enforcing federal gun regulations. The Supreme Court declined to revive the law, stating that Missouri cannot bar local police from helping to enforce federal gun laws. The law was also blocked by a federal judge in March 2023, who deemed it unconstitutional and in violation of the Supremacy Clause of the U.S. Constitution. Despite this, legislators in over a dozen states are considering similar laws, highlighting the popularity of such proposals across the country.
| Characteristics | Values |
|---|---|
| Missouri gun rights law | Controversial |
| Second Amendment Preservation Act | |
| Violates the Supremacy Clause of the U.S. Constitution | |
| Violates the Constitution | |
| State can lawfully withhold assistance from federal law enforcement | |
| Local police officers in Missouri will not enforce federal laws | |
| Breakdown in work between federal and state law enforcement | |
| Concealed carry permitted without a license or permit for anyone 19+ | |
| Concealed carry permitted for military personnel or honorably discharged individuals who are 18+ | |
| Local authorities can restrict concealed carry in buildings owned, leased, or controlled by the county or municipality | |
| Local authorities may require a CCP for open carry | |
| Unlawful use of a weapon applies when a person carries a weapon into a place that is off-limits per Missouri law | |
| Law enforcement officers and retired officers may carry a concealed firearm in any jurisdiction | |
| Law enforcement officers and retired officers must meet certain criteria to carry a concealed firearm |
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What You'll Learn
Missouri's Second Amendment Preservation Act
The proposed Second Amendment Preservation Act will prevent police departments from working with federal law enforcement and contributing to federal gun tracing databases, which could hinder investigations and the ability to solve crimes. For example, the Bureau of Alcohol, Tobacco, Firearms and Explosives National Tracing Center works with police to track firearms used in crimes to provide investigative leads.
The SAPA has been deemed "patently unconstitutional" by Solicitor General Elizabeth Prelogar, who argues that it interferes with the Federal Government's ability to enforce firearms regulations and protect citizens. The law has also been criticised for potentially hindering cooperation between federal and state law enforcement, which could result in gun crimes going unaddressed.
Supporters of the law, such as Aaron Dorr of Wyoming Gun Owners, argue that it defends gun owners from federal laws that could take their weapons away. Missouri is a permitless carry state, meaning no permit, background check, or firearms registration is required when buying a handgun from a private individual. Additionally, open carry and concealed carry are legal for those 19 and older (18 for military personnel or honorably discharged). Missouri is also a Castle Doctrine state, empowering gun owners to defend themselves both inside and outside their homes or properties.
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Federal gun law enforcement
Federal gun laws in the United States are enforced by state, local, and federal agencies, including the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). These laws regulate the manufacture, trade, possession, transfer, record-keeping, transport, and destruction of firearms, ammunition, and accessories. The ATF publishes the National Firearms Commerce and Trafficking Assessment, a comprehensive report on firearms commerce and trafficking, analysing data on crime guns and ATF firearm trafficking investigations.
The right to keep and bear arms is protected by the Second Amendment of the United States Constitution, which states that "the right of the people to keep and bear Arms shall not be infringed." The Supreme Court has ruled that this Amendment defines and protects an individual right, unconnected to militia service. Federal laws restrict an abuser's right to possess a firearm under certain circumstances, such as when they have a protective order against them or have been convicted of a felony. Domestic violence misdemeanour and felony records are kept in the National Instant Criminal Background Check System (NICS), accessible only to law enforcement and licensed firearm sellers.
Local police departments generally cannot arrest someone for violating federal gun laws; only federal law enforcement officers from the ATF have this authority. However, local police can arrest someone for violating state or local gun laws and then hand the case over to the state prosecutor. Missouri, specifically, has a controversial law, the Second Amendment Preservation Act, which asserts that local police officers in the state do not have to enforce federal gun laws. This law was struck down by a federal court for violating the supremacy clause of the U.S. Constitution, but Missouri's Attorney General is petitioning to overturn this ruling.
Some key federal gun laws include the Gun-Free School Zones Act, the Brady Handgun Violence Prevention Act, the Federal Assault Weapons Ban (expired in 2004), the Law Enforcement Officers Safety Act, and the Protection of Lawful Commerce in Arms Act. The National Firearms Act was the first federal legislation to enforce gun control, imposing a tax on the manufacture and transfer of firearms.
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Concealed carry laws
Missouri is a permitless carry state, meaning that anyone over the age of 19 who can legally possess a firearm may carry a concealed firearm on their person without a license or permit. The minimum age is 18 for members of the military or those who have been honorably discharged. However, local authorities can restrict concealed carry in any building owned, leased, or controlled by the county or municipality, and may require a Concealed Carry Permit (CCP) for open carry.
Missouri offers resident and non-resident permits (for active-duty military and veterans stationed in Missouri). Permits are issued for reciprocity purposes at the local level by county sheriffs. A CCP can be obtained by applying in your county of residence and completing a firearms training course. The applicant must be a US citizen or permanent resident, be at least 19 years old (18 for military personnel or honorably discharged veterans), and must not have been convicted of a crime punishable by imprisonment for a term exceeding one year.
Missouri is a stand your ground state, empowering gun owners to defend themselves outside of their homes or properties. Individuals are not required to retreat before using deadly force, provided they were not the initial aggressor and are not attempting to commit a crime.
Missouri law prohibits political subdivisions from precluding the use of firearms to defend people or property. The right of every citizen to keep and bear arms "shall not be questioned", and any restriction on these rights is subject to strict scrutiny. However, this does not prevent the general assembly from enacting laws that limit the rights of convicted violent felons or those adjudicated by a court to be a danger to themselves or others due to mental illness.
Law enforcement officers (LEOs) and retired LEOs may carry a concealed firearm in any jurisdiction in the United States, regardless of state or local laws, under the Law Enforcement Officers Safety Act (LEOSA).
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Missouri's gun rights law
Missouri has some of the weakest gun laws in the country and one of the highest gun death rates. In 2007, the state repealed an 80-year-old permit-to-purchase law, leading to a 27% increase in the state's gun homicide rate. The state has also allowed people to carry concealed, loaded firearms in public without a background check or permit since 2017.
In 2021, Missouri enacted the Second Amendment Preservation Act (SAPA), which purports to impose fines on local and state law enforcement officers for enforcing federal gun laws. SAPA has been found unconstitutional and was struck down in 2023 for violating the supremacy clause of the U.S. Constitution. Despite this, Missouri Attorney General Andrew Bailey continues to petition the court to take up the case.
Missouri is a permitless carry state, with no permit, background check, or firearms registration required when buying a handgun from a private individual. Open carry and concealed carry are legal in Missouri without a Concealed Carry Permit (CCP) for anyone 19 years or older (18 for military personnel or veterans) who can legally possess a firearm. Local authorities can restrict concealed carry in county or municipal buildings and may require a CCP for open carry. Missouri is also a Castle Doctrine state, empowering gun owners to defend themselves outside of their homes or properties.
Missouri law prohibits political subdivisions from precluding the use of firearms to defend people or property. The right of every citizen to keep and bear arms, ammunition, and accessories in defence of themselves, their family, and their property is guaranteed and shall be unalienable. Any restriction on these rights is subject to strict scrutiny, and the state is obligated to uphold and protect these rights. However, this does not prevent the general assembly from enacting laws that limit the rights of convicted violent felons or those adjudicated as a danger to themselves or others due to a mental disorder or infirmity.
Law enforcement officers (LEOs) and retired LEOs (RLEOs) may carry a concealed firearm in any jurisdiction in the United States under the Law Enforcement Officers Safety Act (LEOSA), regardless of state or local laws, with some exceptions. Only the law enforcement agency at which an LEO/RLEO worked can offer qualification training and issue a LEOSA identification card.
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Missouri's CCP requirements
Missouri is a permitless carry state, meaning that open carry and concealed carry are legal without a Concealed Carry Permit (CCP) for anyone 19 years or older who can legally possess a firearm (18 for members of the military or honorably discharged). However, local authorities can restrict concealed carry in buildings owned, leased, or controlled by the county or municipality and may require a CCP for open carry.
To obtain a Missouri CCP, you must be at least 19 years old (18 for members of the military or honorably discharged) and have passed a firearms training course approved by the state of Missouri. The application must be made in your county of residence. Non-resident permits are only available to persons on active military duty or veterans who are at least 18 years old and stationed in Missouri.
Firearms training is required to obtain a Missouri CCP. Applicants who complete a one-hour NRA course must also complete a separate course taught by a qualified safety instructor. The extra course that is required in addition to the NRA course must include instruction on handgun safety techniques in the classroom, at home, on the firing range, and while carrying the firearm.
Missouri's concealed carry law provides recognition of concealed weapons permits from every state that issues them. Law enforcement officers (LEOs) and retired LEOs (RLEOs) may choose to carry under the Law Enforcement Officers Safety Act (LEOSA), often referred to as HR 218. Under 18 U.S. Code §§ 926B & 926C, qualified LEOs and qualified retired LEOs, or those separated from service in good standing, can carry a concealed firearm in any jurisdiction in the United States, regardless of state or local laws, with some exceptions.
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Frequently asked questions
The Second Amendment Preservation Act is a law that prohibits local law enforcement from helping federal officials enforce federal gun regulations.
Missouri law prohibits political subdivisions from precluding the use of firearms to defend people or property. Missouri is a permitless carry state, meaning no permit, background check, or firearms registration is required when buying a handgun from a private individual. Open carry and concealed carry are legal in Missouri without a Concealed Carry Permit (CCP) for anyone 19 years or older.
The Supreme Court declined to revive Missouri's Second Amendment Preservation Act, which prohibits local law enforcement from helping federal officials enforce federal gun regulations. The Supreme Court said that Missouri cannot bar local police from helping to enforce federal gun laws.
Critics of the Second Amendment Preservation Act argue that it can lead to a breakdown in work between federal and state law enforcement and that it exposes citizens to harm by interfering with the Federal Government's ability to enforce firearms regulations.
