Episode 150. The Future of Gun Rights: Missouri’s Legal Battle and the Supremacy Clause

Posted on by aooley
02
Sep

Show Notes

Episode 150. The Future of Gun Rights: Missouri’s Legal Battle and the Supremacy Clause

In this episode, Alex Ooley discusses a recent opinion issued by the United States Court of Appeals for the Eighth Circuit regarding the Second Amendment Preservation Act (SAPA) in Missouri. The law, adopted in 2021, aims to prevent state officials from assisting in the enforcement of federal gun control laws that are deemed unconstitutional. The court ruled that the law violates the Supremacy Clause because it purports to invalidate federal law. However, Ooley argues that the court misinterprets the Supremacy Clause and that states have the power to withhold assistance from the federal government in the enforcement of unconstitutional laws.

 

Chapters

00:00 Introduction and Background

05:07 The Misinterpretation of the Supremacy Clause

10:38 The Importance of State and Local Action

15:20 The Eighth Circuit’s Decision

17:44 The Need for Second Amendment Preservation Acts

22:14 The Limitations of the Supreme Court

24:56 Nullification: A Tool for Preserving Liberty

27:22 Upcoming Guest and Call to Action

 

Resources

US v. Missouri

https://ecf.ca8.uscourts.gov/opndir/24/08/231457P.pdf

 

Constitution 101: Supremacy Clause | Tenth Amendment Center

https://tenthamendmentcenter.com/2024/01/29/constitution-101-supremacy-clause/

 

US-Courts-Structure Map

https://www.theusconstitution.org/wp-content/uploads/2018/02/US-Courts-Structure.jpg

 

U.S. Constitution | Constitution Annotated | Congress.gov | Library of Congress

https://constitution.congress.gov/constitution/

 

Overview of Supremacy Clause | Constitution Annotated | Congress.gov | Library of Congress

https://constitution.congress.gov/browse/essay/artVI-C2-1/ALDE_00013395/

 

Tenth Amendment | Browse | Constitution Annotated | Congress.gov | Library of Congress

https://constitution.congress.gov/browse/amendment-10/

 

Eighth Circuit Wrongly Struck Down Missouri’s Gun Sanctuary Law – But Also Created a Roadmap for How Such Laws Can Escape Invalidation in the Future

https://reason.com/volokh/2024/08/28/eighth-circuit-wrongly-struck-down-missouris-gun-sanctuary-law-but-also-created-a-roadmap-for-how-such-laws-can-escape-invalidation-in-the-future/

 

Court Overturns Missouri Second Amendment Protection Act – The Truth About Guns

https://www.thetruthaboutguns.com/court-overturns-missouri-second-amendment-protection-act/

 

Supremacy Clause: Current Doctrine | U.S. Constitution Annotated | US Law | LII / Legal Information Institute

https://www.law.cornell.edu/constitution-conan/article-6/clause-2/supremacy-clause-current-doctrine

 

DOJ vs Missouri 2nd Amendment Preservation Act: Round 2, Feds Win / X

https://x.com/i/broadcasts/1DXGydQzEpNKM

 

TenthAmendmentCenter on X

https://x.com/TenthAmendment/status/1829576891478704244

 

Takeaways

  • The recent opinion by the Eighth Circuit on the Second Amendment Preservation Act (SAPA) in Missouri highlights the tension between state and federal powers.
  • The court ruled that the law violates the Supremacy Clause because it purports to invalidate federal law, but the author argues that the court misinterprets the Supremacy Clause.
  • States have the power to withhold assistance from the federal government in the enforcement of unconstitutional laws, a concept known as nullification.
  • The preservation of individual liberty is best protected at the state and local level, and reliance on the Supreme Court to safeguard rights is not sufficient.
  • States implementing Second Amendment preservation acts can potentially nullify unconstitutional federal gun control measures.

 

Sound Bites

  • “The preservation of individual liberty is best protected at the state and local level.”
  • “States cannot be forced to assist in the enforcement of federal laws, a concept known as the anti-commandeering doctrine.”
  • “Federal law is only supreme if it is made in pursuance of the Constitution.”

 

Keywords

Second Amendment, Supremacy Clause, federal gun control laws, state law, nullification, individual liberty

#2A

#gunrights

#guncontrol

#constitution

#supremacyclause

#staterights

#federalism

#Missouri

#8thcircuit

#SAPA

 

DISCLAIMER:  This podcast is for informational purposes only and should not be considered legal, medical, or financial advice. The views expressed in this podcast are those of the hosts and guests and do not necessarily reflect the views of any organizations or individuals they may mention. The hosts and guests are not liable for any damages that may result from someone listening to this podcast.

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