Staff Reports
Missouri’s Second Amendment Preservation Act (SAPA), once hailed as a strong bulwark against federal overreach, has suffered a major setback after the Department of Justice successfully challenged it under the Biden administration. Passed in 2021 to block the enforcement of unconstitutional federal gun laws within the state, SAPA embodied a bold assertion of states’ rights and a clear defense of citizens’ constitutional freedoms. Yet the federal government and the courts have now effectively dismantled this critical protection, signaling a troubling erosion of Second Amendment safeguards.
SAPA was crafted as a direct response to the growing federal encroachment on firearm ownership, preventing Missouri law enforcement from cooperating with the feds where gun rights were at stake. By empowering citizens to sue if state resources were misused to enforce federal restrictions, the law reflected the founders’ vision of a constitutional balance—where states act as a firewall against federal overreach. Unfortunately, the Department of Justice dismissed this principle, leaning on the supremacy clause to argue that Missouri could not refuse to help enforce federal laws, even those infringing on constitutional rights.
When Missouri appealed to the Supreme Court to settle this crucial constitutional question, the Court declined to hear the case, letting the lower court’s decision stand. This refusal to engage sets a chilling precedent: states may no longer defend their residents from federal laws they believe are unconstitutional, leaving powerful politicians in Washington free to erode fundamental freedoms with little opposition. The nation should be alarmed by a judiciary unwilling to robustly uphold the Bill of Rights in the face of overzealous federal power grabs.
The consequences extend far beyond Missouri’s borders. Other states that have passed or will pass similar preservation laws could face the same judicial pushback, signaling a federal crackdown on states defending gun rights. This undermines the very essence of American federalism, where states serve as a check on centralized power. The loss of SAPA’s protections is not just a legal defeat—it’s a warning about the cost of complacency in the battle for constitutional liberties.
Missouri lawmakers are already preparing to push forward with new legislation aimed at restoring these vital gun rights protections. But given the DOJ’s aggressive stance and the courts’ unwillingness to defend state sovereignty, the fight will likely be long and arduous. This moment calls for a revival of grassroots activism and a clear message to elected officials: protect the Second Amendment or face voter consequences. The right to keep and bear arms is non-negotiable, and America’s defenders must double down to ensure it remains intact.
